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Agenda 04-07-26The City of Boynton Beach City Commission Agenda Tuesday, April 7, 2026, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District I) Mack McCray, Commissioner (District II) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney *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 the City Clerk's Office at cityclerk@bbfl.us or (561) 742-6060. 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.Legislative Update by Senator Lori Berman and Representative Robert Long. B.Presentation on Fraud in the Community C.Proclamation: Child Abuse Prevention Month; representatives from Pathways to Prosperity and Bridges in Boynton Beach will be present to accept the proclamation. 4.Public Audience 5.Administrative A.Proposed Resolution No. R26-048- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). B.Proposed Resolution No. R26-049- Appoint a City Commission representative and alternate to the Palm Beach Metropolitan Planning Organization. C.Proposed Resolution No. R26-050- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. D.Proposed Resolution No. R26-051- Appoint a City Commission representative and Roll Call. Invocation by Vice Mayor Turkin Pledge of Allegiance to the Flag led by Mayor Rebeca Shelton. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Senator Lori Berman and Representative robert Long will be giving an update on the Legislative Session. Presented by Walter Buikus, from the Palm Beach County Clerk of Circuit Court and Comptroller. Requested by Mayor Shelton. 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). Staff recommends approval of Proposed Resolution No. R26-048. Staff recommends approval of Proposed Resolution No. R26-049. Staff recommends approval of Proposed Resolution No. R26-050. 4 alternate to the Countywide Intergovernmental Coordination Program. E.Advisory Board Appointments 6.Consent Agenda A.Proposed Resolution No. R26-052- Authorizing the Mayor to execute the Participation Documents and Release Related to the National Opioid Settlement with the Six Remnant Defendants. B.Proposed Resolution No. R26-053- Approve and authorize the Mayor to sign the Second Amendment to the Grant Agreement I0124 from the federally funded Community Development Block Grant Mitigation Program (CDBG-MIT) offered by the Florida Department of Commerce for the City of Boynton Beach's Fire Rescue Station No. 2 Project. C.Proposed Resolution No. R26-054- Approving Revised Exhibit A of the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for Construction and Professional Services Funding for the Demolition of the Structure Located at 480 W. Boynton Beach Blvd. Proposed Resolution No. R26-055- Approving a Budget Amendment for fiscal year 2025-2026, amending the Capital Improvement Fund in the Amount of $33,248. 7.Consent Bids and Purchases A.Proposed Resolution No. R26-056- Approving a Chemicals Purchase and Delivery Agreement between the City and Amaya Solutions, Inc., d/b/a American Water Chemicals, Inc., for Antiscalant and Corrosion Inhibitor in the amount of $175,628 annually. B.Proposed Resolution No. R26-057- Approve a Piggyback Agreement between the City of Boynton Beach and Juniper Landscaping of Florida, LLC for park landscaping services with an annual expenditure not to exceed $275,000. C.Proposed Resolution No. R26-058- Amend and modify the subscription services order form originally approved by the City Manager for $74,210 to add Smart Automated Testing Services from Kainos WorkSmart, Inc. in the amount of $298,980 for a three-year term, plus a contingency allowance of $40,000, bringing the new contract amount to $413,190, pursuant to the Sole Source Procurement Exemption. 8.Public Hearing Staff recommends approval of Proposed Resolution No. R26-051. City Commission to appoint and reappoint eligible members of the community to serve in vacant positions on City Advisory Boards. Staff recommends approval of Proposed Resolution No. R26-052. Staff recommends the approval of Proposed Resolution No. R26-053. Staff recommends approval of Proposed Resolution No. R26-054 and Resolution No. R26-055. Staff recommends approval of Proposed Resolution R26-056. Staff recommends approval of Proposed Resolution No. R26-057. Staff recommends the approval of Proposed Resolution No. 26-058. 5 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 26-005- Second Reading, an Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 08-007 by amending Policy 4.5.3 of the Comprehensive Plan's Conservation Element of the City of Boynton Beach, Florida, to implement a payment in lieu option for conservation lands; providing a business impact statement; providing for severability, conflicts, and providing for an effective date. B.Proposed Ordinance No. 26-010- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 1, Article II "Definitions;" Chapter 1, Article VII, Section 2 "Director of Planning and Zoning;" Chapter 1, Article IX, Section 6 "Posting of Notice;" Chapter 2, Article I, Section 2 "Types of Land Development Applications;" Chapter 2, Article I, Section 3 "Review Process for Applications Requiring Public Hearings, Generally"; Chapter 2, Article II, Section 2 "Standard Applications", Chapter 2, Article II, Section 4 "Relief Applications"; Chapter 2, Article II, Section 7 "Other Applications"; Chapter 2, Article III, Section 4 "Right-of-Way Permit"; Chapter 3, Article I, Section 2 "Scope"; Chapter 4, Article IV, Section 5 "Community Design; Chapter 4, Article V, Section 2 "Standards"; and Chapter 4, Article IV, Section 4 "Standards"; of the Land Development Regulations to remove outdated Advisory Board references, modify off- street parking standards, and update certain feather banner procedural requirements; providing for codification; conflicts; severability; and an effective date. 9.City Manager’s Report A.Legislative Update 10.Regular Agenda A.Proposed Resolution No. R26-059- Award Request for Qualifications No. 25-045Q for NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction Project (Grant Funded) to Keith & Associates for Engineering Design and Environmental Review Services, and approve a professional services agreement between the City of Boynton Beach and Keith & Associates in an amount not to exceed $2,074,704.00. B.Proposed Resolution No. R26-060- Approve Task Order No. 2 with Jacobs Engineering Group, Inc., in an amount not to exceed $4,601,651 for Phase I, for intermediate design of West Water Treatment Plant upgrade and associated sub tasks based on the condition assessment and evaluation of treatment options to replace equipment, processes, and structures at end of life and to also meet Staff recommends approval of the Proposed Ordinance No. 26-005, at second reading. Staff recommends approval of Proposed Ordinance No. 26-010, at second reading. by City Manager Daniel Dugger City Staff Recommends approval of Proposed Resolution No. R26-059. 6 upcoming drinking water regulations for emerging contaminants. C.Proposed Ordinance No. 26-012- First Reading, An ordinance of the City of Boynton Beach, Florida, creating Article XV, "Abatement of Nuisances," of Chapter 15 of the City Code; establishing a public nuisance abatement process; providing for definitions, procedures, hearings before a special magistrate, emergency abatement, enforcement, penalties, and liens; providing for authority consistent with Chapter 166 and section 893.138, Florida Statutes; providing for codification, conflicts, severability, and an effective date. D.Proposed Ordinance No. 26-013- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, codifying Resolution No. R15- 136, which created a Community Redevelopment Agency Advisory Board; establishing composition, qualifications, appointment procedures, and duties; providing for codification; providing for severability; providing for conflicts; and providing for effective date. 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. B.Discussion regarding creating a beautification board. - TBD C.Discussion on the formation of a Task Force for updates to the Land Development Regulations. -TBD D.Discussion regarding property taxes, at a macro level.-TBD E.Discussion regarding Little Free Libraries and Little Free Pantries on private p r o p e r ty.- This item was tabled at the January 20, 2026 City Commission Meeting. - TBD 12.Adjournment Staff recommends approval of Proposed Resolution No. R26-060 Staff recommends approval of Proposed Ordinance No. 26-012. Staff recommends approval of Proposed Ordinance No. 26-013, at first reading. Requested by City Commission and CRA Board. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Discussion and seek City Commission direction regarding Little Free Libraries and Little Free Pantries on private property. 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. 7 Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 04/ 7/2026 Meeting Date: 04/ 7/2026 Legislative Update by Senator Lori Berman and Representative Robert Long. Requested Action: Senator Lori Berman and Representative robert Long will be giving an update on the Legislative Session. Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Senator Lori Berman preemptionupdated.pdf 9 This bill makes a wide range of changes to programs administered by the Department of Agriculture and Consumer Services, including new initiatives supporting agriculture, wildlife, veterinary workforce development, and food distribution programs. Among its most notable provisions, the bill preempts local governments from restricting the use of gasoline-powered farm and landscape equipment and prohibits counties and municipalities from adopting ordinances that ban or regulate such equipment differently from other tools. It also establishes new programs such as the Florida Native Seed Research and Marketing Program and a veterinary loan repayment program, while updating various regulatory provisions related to agriculture, land management, and consumer protections. This bill prohibits counties and municipalities from funding, promoting, or taking official action related to diversity, equity, and inclusion (DEI). It voids any existing local ordinances, programs, or policies related to DEI, bars local governments from creating DEI offices or employing DEI officers, and prohibits the use of public funds to support DEI initiatives. The bill also allows residents to bring legal action against local governments that violate these provisions and requires entities seeking local contracts or grants to certify that public funds will not be used for DEI-related training or materials. In doing so, the legislation represents a significant state preemption of local government authority, restricting local governments’ ability to establish or fund policies related to diversity, equity, and inclusion. PREEMPTION BILLS These bills from the 2026 Session preempt local government from exercising its authority. SB 290: Department of Agriculture and Consumer Services SB 1134: Official Actions of Local Governments This bill establishes a statewide framework for how large-scale data centers are regulated in Florida , focusing on their impacts on energy, water, and infrastructure. It requires utilities to ensure data centers pay the full cost of their energy use so those costs are not passed on to other ratepayers, restricts service to certain foreign-owned entities, and sets clear rules for water permitting, including conservation requirements and the use of reclaimed water when available. It also maintains local control over zoning and land use while adding more structure and oversight at the state level to manage the broader impacts of these high-demand facilities. SB 484: Data Centers This bill includes a targeted preemption that shifts control over the structure of regional utility systems from local governments to the state. While cities and counties still operate and manage their utilities, the bill makes clear that the creation of any new regional utilities authority is no longer a local decision and is instead controlled at the state level. That matters because local governments often collaborate with regional authorities to manage growth or share infrastructure costs. By preempting that authority, the bill limits local governments’ ability to design utility systems that reflect their specific regional needs. So even though day- to-day operations stay local, the state is taking a more active role in defining how those systems can be organized in the first place. HB 1451: Utility Services This bill changes Florida’s sovereign immunity laws by allowing people to recover more money when they sue the state or a local government . It raises the cap on damages, so the government can be held responsible for higher payouts than before. It also updates some of the rules and timelines for filing claims, which affects how these cases move through the system. Government employees are still mostly protected from being sued personally, with claims typically going against the agency instead. The bill keeps sovereign immunity in place but expands the government ’s liability to $350,000 per person and $500,000 per incident . SB 1366: Claims Against the Government 10 House Bill 1329 requires county and municipal budgets to be posted on the local government ’s website in a way that allows members of the public to view the data; requires counties and municipalities to conduct annual budget cutting activity to identify reductions and post the results on the local government ’s website; and requires counties to provide public notice of a hearing on a proposed budget amendment at least seven days before the hearing. This bill will have a negative fiscal impact on local governments because it would require counties and municipalities to incur costs to upgrade or procure financial software in order to comply with the law. Also, this would create additional administrative burdens on local governments to comply with budget-cutting mandates and strict timelines. The Florida Legislature's budget processes do not align with the language of this bill , raising concerns. HB 1329: Local Government Spending This bill raises significant preemption concerns by shifting control over local land use decisions away from counties and municipalities and toward state-mandated processes. While local governments are still responsible for reviewing applications, the bill imposes strict timelines, limits their ability to request additional information, and creates automatic approvals if deadlines are missed. It also allows applicants to bypass local staff by using outside contractors of their choosing and prevents local governments from delaying or conditioning that process. In several places, it explicitly prohibits local governments from applying additional procedures or requirements, even when tied to infrastructure, safety, or development impacts. Taken together, these provisions significantly constrain local discretion and undermine communities' ability to manage growth in ways that reflect local conditions and priorities. HB 927: Local Land Planning and Development This bill prohibits state and local governmental entities from adopting or implementing policies to achieve “net zero” greenhouse gas emissions. Specifically, it bars governmental entities from enacting ordinances, rules, or programs that support net-zero goals, participating in emissions-trading or cap- and-trade programs, or using public funds to advance such policies, including through procurement preferences or membership in organizations advocating for net-zero initiatives. The legislation also prohibits governments from imposing taxes, fees, or assessments related to carbon emissions and requires annual affidavits affirming compliance. The provisions require entities seeking local contracts or grants to certify that public funds will not be used for DEI-related training or materials. In doing so, the legislation represents a significant state preemption of local government authority, restricting local governments’ ability to establish or fund policies related to diversity, equity, and inclusion. I anticipate this bill will raise utility rates by forcing reliance on hydrocarbons, whose prices are volatile. HB 1217: Prohibited Governmental Policies Regulating Greenhouse Gas Emissions This bill limits local governments’ ability to make land-use decisions. It requires local governments to administratively approve certain applications, such as minor variances for large destination resorts, and limits when projects can be denied by narrowing what can be considered, especially regarding compatibility. It also prevents local governments from placing certain conditions on development , including for composting facilities, and requires that off-site constructed homes be allowed in single-family zones without being treated differently. Overall, it shifts decision-making away from the local level and replaces it with state-imposed rules that reduce municipal flexibility. HB 399: Land Use and Development Regulations 11 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 04/ 7/2026 Meeting Date: 04/ 7/2026 Presentation on Fraud in the Community Requested Action: Presented by Walter Buikus, from the Palm Beach County Clerk of Circuit Court and Comptroller. 12 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 04/ 7/2026 Meeting Date: 04/ 7/2026 Proclamation: Child Abuse Prevention Month; representatives from Pathways to Prosperity and Bridges in Boynton Beach will be present to accept the proclamation. Requested Action: Requested by Mayor Shelton. Explanation of Request: NA How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Child Abuse Prevention Month.docx 13 Proclamation WHEREAS, too many children in our county are endangered by abuse and neglect, a serious threat to their well-being now and through adulthood. Toxic stress that stems from abuse can damage young children’s developing brains, creating risk factors for learning, developmental delays and behavioral problems, as well as later violence and criminal activity. Thus, hindering their future achievements, which has huge implications for our whole community; and WHEREAS, most of the victims are under age 5 and, even more disturbing, more than 70% of children who die from abuse are under age 4, and tragically, nearly 30% of abused or neglected children will later abuse their own children, continuing the horrible cycle; and WHEREAS, one-third to two-thirds of child maltreatment cases involve substance abuse to some degree. Children who experience child abuse & neglect are about 9 times more likely to become involved in criminal activity; and WHEREAS, about 80% of 21-year-olds who were abused as children met criteria for at least one psychological disorder, and abused children are 25% more likely to experience teen pregnancy; and WHEREAS, Pathways to Prosperity / BRIDGES at Boynton Beach provides services to ensure children grow up healthy, safe, and strong. Our four primary goals are: Babies are Born Healthy • Children are Safe from Abuse and Neglect • Children are Ready for Kindergarten • Children Have Access to Quality Afterschool and Summer Programs. NOW THEREFORE, I, Rebecca Shelton, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April of Two Thousand Twenty-Six as: Child Abuse Prevention Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7th day of April Two Thousand Twenty-Six. Rebecca Shelton, Mayor ATTEST: Tammy Stanzione, CMC Interim City Clerk 14 City of Boynton Beach Agenda Item Request Form 5.A Administrative 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-048- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). Requested Action: Staff recommends approval of Proposed Resolution No. R26-048. Explanation of Request: The Coalition of Boynton West Residents Association (COBWRA) is a civic organization representing the residential communities of West Boynton Beach, Florida, in unincorporated Palm Beach County. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 A.M. at various locations throughout the COBWRA area. The current representative is former Commissioner Woodrow Hay, and the alternate is Mayor Rebecca Shelton. How will this affect city programs or services? Maintain awareness of matters of significance to the City. Account Line Item and Description: N/A Fiscal Impact: None Attachments: R26-048 Agenda_Item_4347- 2026_Resolution_for_Colition_of_Boynton_West_Residents_Association_COBWRA.docx 15 RESOLUTION NO. R26-048 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPOINTING _______ AS A 2 REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTS 3 ASSOCIATION (COBWRA), AND APPOINTING 4 ____________________________________________ AS ALTERNATE 5 REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTS 6 ASSOCIATION (COBWRA); AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the Coalition of Boynton West Residents Association (COBWRA) is a civic 10 organization representing the residential communities of West Boynton Beach, Florida, in 11 unincorporated Palm Beach County; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 13 representation on the Coalition of Boynton West Residents Association (COBWRA); and 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor 16 of service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 appoint _________________________ as a representative to the Coalition of Boynton West Residents 24 Association (COBWRA) and appoints _______________________________ as an alternate representative 25 to the Coalition of Boynton West Residents Association (COBWRA). 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 [SIGNATURES ON THE FOLLOWING PAGE] 28 29 16 RESOLUTION NO. R26-048 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Rebecca Shelton _____ _____ 33 34 Vice-Mayor – Thomas Turkin _____ _____ 35 36 Commissioner – Angela Cruz _____ _____ 37 38 Commissioner – Mack McCray _____ _____ 39 40 Commissioner – Aimee Kelley _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 _____________________________ ______________________________ 46 Tammy Stanzione, CMC Rebecca Shelton 47 Interim City Clerk Mayor 48 49 APPROVED AS TO FORM: 50 (Corporate Seal) 51 52 _______________________________ 53 Shawna G. Lamb 54 City Attorney 55 17 City of Boynton Beach Agenda Item Request Form 5.B Administrative 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-049- Appoint a City Commission representative and alternate to the Palm Beach Metropolitan Planning Organization. Requested Action: Staff recommends approval of Proposed Resolution No. R26-049. Explanation of Request: The Metropolitan Planning Organization (MPO) was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 A.M. and typically last two hours. Currently, Commissioner Aimee Kelley is serving as the representative and Commissioner Angela Cruz is the alternate representative to this Committee. How will this affect city programs or services? Maintain communications and awareness of MPO initiatives that may affect the City. Fiscal Impact: None Attachments: R26-049 Agenda_Item_4348- 2026_Resolution_for_Metropolitan_Planning_Organization__1_.docx 18 RESOLUTION NO. R26-049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPOINTING ______ AS A 2 REPRESENTATIVE TO THE METROPOLITAN PLANNING 3 ORGANIZATION (F/K/A TRANSPORTATION PLANNING AGENCY), 4 AND APPOINTING ______ AS ALTERNATE 5 REPRESENTATIVE TO THE METROPOLITAN PLANNING 6 ORGANIZATION; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the Metropolitan Planning Organization (MPO) was created by federal 10 regulations and Florida Statutes to meet federal requirements for obtaining and expending federal 11 transportation funds; and 12 WHEREAS, the responsibilities of the MPO encompass multi-modal transportation 13 planning and address short-term (five-year) and long-range (20-year) time frames; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 15 representation on the Metropolitan Planning Organization; and 16 WHEREAS, the City Commission has considered the qualifications necessary for such 17 representation and wishes to bestow upon the following named individuals such right and honor 18 of service. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 appoint _________________________ as a representative to the Metropolitan Planning Organization 26 and appoints _______________________________ as an alternate representative to the Metropolitan 27 Planning Organization. 28 SECTION 3. This Resolution shall take effect in accordance with the law. 29 [SIGNATURES ON THE FOLLOWING PAGE] 30 31 19 RESOLUTION NO. R26-049 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice-Mayor – Thomas Turkin _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Mack McCray _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Tammy Stanzione, CMC Rebecca Shelton 49 Interim City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 20 City of Boynton Beach Agenda Item Request Form 5.C Administrative 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-050- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Requested Action: Staff recommends approval of Proposed Resolution No. R26-050. Explanation of Request: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Board for the Palm Beach County League of Cities meets on the fourth Wednesday of each month at 10:30 A.M. at various locations. The membership term is one year. Currently, former Commissioner Woodrow Hay is appointed as the representative, and Vice Mayor Thomas Turkin is the alternate representative to this Committee. How will this affect city programs or services? Maintain awareness and have input into matters of significance to the City. Account Line Item and Description: N/A Fiscal Impact: None Attachments: R26-050 Agenda_Item_4470- 2026_Resolution_for_Palm_Beach_County_League_of_Cities.docx 21 RESOLUTION NO. R26-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPOINTING AS A 2 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, 3 AND APPOINTING AS ALTERNATE 4 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; 5 AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the Palm Beach County League of Cities shall advocate the collective interests 9 of the municipalities in Palm Beach County in accordance with the principles of self-government; 10 and 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Palm Beach County League of Cities; and 13 WHEREAS, the City Commission has considered the qualifications necessary for such 14 representation and wishes to bestow upon the following named individuals such right and honor 15 of service. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 18 BEACH, FLORIDA, THAT: 19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 22 appoint _________________________ as a representative to the Palm Beach County League of Cities 23 and appoints _______________________________ as an alternate representative to the Palm Beach 24 County League of Cities. 25 SECTION 3. This Resolution shall take effect in accordance with the law. 26 [SIGNATURES ON THE FOLLOWING PAGE] 27 28 22 RESOLUTION NO. R26-050 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 29 CITY OF BOYNTON BEACH, FLORIDA 30 YES NO 31 Mayor – Rebecca Shelton _____ _____ 32 33 Vice-Mayor – Thomas Turkin _____ _____ 34 35 Commissioner – Angela Cruz _____ _____ 36 37 Commissioner – Mack McCray _____ _____ 38 39 Commissioner – Aimee Kelley _____ _____ 40 41 VOTE ______ 42 ATTEST: 43 44 _____________________________ ______________________________ 45 Tammy Stanzione, CMC Rebecca Shelton 46 Interim City Clerk Mayor 47 48 APPROVED AS TO FORM: 49 (Corporate Seal) 50 51 _______________________________ 52 Shawna G. Lamb 53 City Attorney 54 23 City of Boynton Beach Agenda Item Request Form 5.D Administrative 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-051- Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Requested Action: Staff recommends approval of Proposed Resolution No. R26-051. Explanation of Request: The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District, and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. Commissioner Aimee Kelley is currently serving as the representative, and Mayor Rebecca Shelton is currently serving as the alternate. How will this affect city programs or services? Maintain awareness and have input into matters of inter-jurisdictional significance. Attachments: R26-051 Agenda_Item_4486- 2026_Resolution_for_Intergovernmental_Coordination_Program.docx 24 RESOLUTION NO. R26-051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPOINTING ____________ AS A 2 REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL 3 COORDINATION PROGRAM AND APPOINTING 4 ____________________________ AS ALTERNATE REPRESENTATIVE TO THE 5 COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; 6 AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the Countywide Intergovernmental Coordination Program has been in place 10 for several years under the auspices of two interlocal agreements that were signed by all 11 municipalities, the School Board, the Water Management District, and several special districts; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 13 representation on the Countywide Intergovernmental Coordination Program; and 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor 16 of service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 appoint ________________________________ as a representative to the Countywide Intergovernmental 24 Coordination Program and appoints _______________________________ as an alternate representative 25 to the Countywide Intergovernmental Coordination Program. 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 [SIGNATURES ON THE FOLLOWING PAGE] 28 29 25 RESOLUTION NO. R26-051 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Rebecca Shelton _____ _____ 33 34 Vice-Mayor – Thomas Turkin _____ _____ 35 36 Commissioner – Angela Cruz _____ _____ 37 38 Commissioner – Mack McCray _____ _____ 39 40 Commissioner – Aimee Kelley _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 _____________________________ ______________________________ 46 Tammy Stanzione, CMC Rebecca Shelton 47 Interim City Clerk Mayor 48 49 APPROVED AS TO FORM: 50 (Corporate Seal) 51 52 _______________________________ 53 Shawna G. Lamb 54 City Attorney 55 26 City of Boynton Beach Agenda Item Request Form 5.E Administrative 04/ 7/2026 Meeting Date: 04/ 7/2026 Advisory Board Appointments Requested Action: City Commission to appoint and reappoint 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 responsible for appointing to fill each term opening and vacancy. How will this affect city programs or services? Appointments and reappointments 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 April 07 2026.docx Anthony DeNardo - Art.pdf Stephanie Colaianni (2 term) - Library.pdf Lisa Nicole-Miller - Library.pdf Alison Pandev - Recreation & Parks (2 term).pdf Jasper Pastorius - Recreation and Parks (2 term).pdf Phyllis Pacili, Dr. - Recreation & Parks (2 term).pdf 27 Advisory Board Vacancies April 7, 2026 Art Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant II McCray Regular Vacant Vice Mayor Turkin Alternate Vacant Applicants: Anthony DeNardo Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant II McCray Regular Vacant Vice Mayor Turkin Alternate Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms IV Kelley Alternate Vacant Mayor Shelton Student Vacant I Cruz Student Vacant Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II McCray Regular Vacant IV Kelley Regular Vacant Vice Mayor Turkin Alternate Vacant Applicants: None Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms 28 Advisory Board Vacancies April 7, 2026 Vice Mayor Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Regular Vacant I Cruz Regular Vacant II McCray Alternate Vacant Vice Mayor Turkin Alternate Vacant Applicants: Stephanie Colaianni Regular Member, seeking reappointment for a second term Lisa Nicole Miller Recreation and Parks Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms II McCray Regular Vacant Vice Mayor Turking Regular Vacant IV Kelley Regular Vacant Mayor Shelton Regular Vacant I Cruz Regular Vacant II McCray Alternate Vacant Applicants: Dr. Phyllis Pacilli Regular Member, seeking reappointment for a second term Alison Pandev Regular Member, seeking reappointment for a second term Jasper Pastorius Alternate Member, seeking reappointment for a second term Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Regular Vacant Applicants: None Applications Received: 02/28/26 Indira Doorgasingh Sr. Adv. Resides outside of City limits – has been sent Waiver of requirements form 02/02/26 Karen Rabinowitz Sr. Adv. Resides outside of City limits – has been sent Waiver of requirements form 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 29 Advisory Board Vacancies April 7, 2026 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?* 3/6/2026 Anthony DeNardo 5616548142 anthonydenardo1@gmail.com 11/7/1986 1221 SW 26th Ave Boynton Beach FL 33426 United States Scientist Masters 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 Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Art 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 would like to serve on the Boynton Beach Art Advisory Board because of my deep interest in public art and my experience as a recreational artist. I believe public art plays an important role in shaping a city’s identity, creating shared spaces that inspire creativity, conversation, and community pride. As someone who actively practices art in my personal time, I appreciate both the creative process and the impact that thoughtful artistic projects can have on residents and visitors. I also believe Boynton Beach can greatly benefit from the continued expansion of public art and public art programs, helping to strengthen community engagement and enhance the city’s cultural landscape. I would welcome the opportunity to contribute my perspective, enthusiasm for the arts, and commitment to supporting the growth of public art in Boynton Beach. Please list any professional memberships N/A 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. 32 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?* 3/5/2026 Stephanie Colaianni 5612121654 stephcolaian@gmail.com 5/14/1985 2207 SE 2nd Street Boynton Beach Florida 33435 United States Yes No Yes No 33 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Library Board Yes No Please indicate which advisory board you are seeking appointment. Library 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 joined the library board last time to get more involved in the community and I love it. I'd love to stay on the library board and continue to see what I can help impact. Please list any professional memberships VP of Boynton Beach Sister Cities Current Chair of the Library Board - voted in twice 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. 34 35 36 37 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?* 2/26/2026 Alison Pandev 5612121479 agpandev@yahoo.com 11/15/1973 117 Lancaster Rd Boynton Beach FL 33426 United States Consultant College - 2 Bachelors Degrees Yes No Yes No 38 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Parks and Recs Yes No Please indicate which advisory board you are seeking appointment. Recreation and Parks Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , My qualifications have not changed from when I originally applied with the exception of now having the experience of serving on this advisory board for the last term. Please list any professional memberships Notary State of Florida 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. 39 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?* 2/24/2026 Jasper (Jay) Pastorius 5614360898 Jpastorius@tritonfl.com 2/23/1964 704 ne 20th lane Boynton Beach Florida 33435 United States Construction/Consulting Some college Yes No Yes No 40 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 Triton Associates inc. Yes No Yes No Parks and recs advisors Yes No Please indicate which advisory board you are seeking appointment. Recreation and Parks Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I currently sit on recreation and parks advisory board. Operate a full service construction company residential and commercial Operate as a property/construction consultant and litigation team. Please list any professional memberships STATE LICENSED GENERAL CONTRACTOR STATE LICENSED ALL LINES ADJUSTER REALESTATE SALES AGENT LICENSE USCG CERTIFIED MASTER CAPTAIN LICENSE 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. 41 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?* 2/25/2026 Dr. Phyllis Pacilli 561-386-1051 docpacilli@gmail.com 11/18/1961 1108 SW 15th St Boynton Beach FL 33426 United States Teacher Doctorate - Florida Atlantic University Yes No Yes No 42 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Recreation and Parks - presently serving Charter Review Committee - current member Art Board - past member Yes No Please indicate which advisory board you are seeking appointment. Recreation and Parks Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I have an understanding of the needs of the City, attend Commission meetings and work well with others. Please list any professional memberships National Council of Teachers of Mathematics 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. 43 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-052- Authorizing the Mayor to execute the Participation Documents and Release Related to the National Opioid Settlement with the Six Remnant Defendants. Requested Action: Staff recommends approval of Proposed Resolution No. R26-052. Explanation of Request: The City of Boynton Beach previously elected to participate in the national opioid settlements negotiated with several manufacturers, distributors, and pharmacies to resolve claims related to the opioid crisis. Additional settlements have now been reached with the remaining defendants, commonly referred to as the “Six Remnant Defendants." Participation in these settlements requires local governmental entities to execute participation forms and releases confirming their agreement to the settlement terms. The National Opioid Settlements Notice and Claims Administrator has provided formal notice that entities wishing to participate must execute the required documentation through the Rubris settlement administration platform. Approval of this item will authorize the Mayor to execute the Participation Form, Release, and any related settlement documentation necessary for the City to participate in these settlements. Participation will allow the City to remain eligible to receive its allocated share of settlement funds under the terms established through the national opioid settlement framework and the State of Florida’s allocation agreement. How will this affect city programs or services? This action will not adversely affect City programs or services. Participation ensures the City remains eligible to receive settlement funds designated for opioid abatement activities, which may support programs related to substance abuse prevention, treatment, recovery, and 44 community health initiatives. Account Line Item and Description: N/A Fiscal Impact: Participation allows the City to receive its allocated share of settlement funds from the Six Remnant Defendants pursuant to the national opioid settlement allocation formula. The exact amount to be received by the City will depend on final settlement distributions. Attachments: R26-052 Agenda_Item_4419-2026_Resolution_for_Opioid_Settlement_docs.docx Exhibit A 3475584_participation_form.pdf 45 RESOLUTION NO. R26-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE 2 PARTICIPATION DOCUMENTS AND RELEASE RELATED TO THE 3 NATIONAL OPIOID SETTLEMENT WITH THE SIX REMNANT 4 DEFENDANTS; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the City of Boynton Beach previously elected to participate in the national 7 opioid settlements negotiated with several manufacturers, distributors, and pharmacies to resolve 8 claims related to the opioid crisis. Additional settlements have now been reached with the 9 remaining defendants, commonly referred to as the “Six Remnant Defendants; and 10 WHEREAS, participation in these settlements requires local governmental entities to 11 execute participation forms and releases confirming their agreement to the settlement terms. The 12 National Opioid Settlements Notice and Claims Administrator has provided formal notice that 13 entities wishing to participate must execute the required documentation through the Rubris 14 settlement administration platform; and 15 WHEREAS, approval of this item will authorize the Mayor to execute the Participation 16 Form, Release, and any related settlement documentation necessary for the City to participate in 17 these settlements; and 18 WHEREAS, participation will allow the City to remain eligible to receive its allocated share 19 of settlement funds under the terms established through the national opioid settlement 20 framework and the State of Florida’s allocation agreement; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to authorize the Mayor to execute the 23 Participation Documents and Release Related to the National Opioid Settlement with the Six 24 Remnant Defendants. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby 31 46 RESOLUTION NO. R26-052 authorizes the Mayor to execute the Participation Documents and Release Related to the National 32 Opioid Settlement with the Six Remnant Defendants attached hereto as Exhibit “A.” The Mayor is 33 further authorized to execute any ancillary documents as may be necessary to accomplish the 34 purpose of this Resolution. 35 SECTION 3. The City clerk shall forward a copy of the fully executed Participation 36 Documents and Release to Sigrid Vegas, and Sigrid Vegas shall be responsible for uploading the 37 document to the settlement portal. 38 SECTION 4. This Resolution shall take effect in accordance with the law. 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 47 RESOLUTION NO. R26-052 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice-Mayor – Thomas Turkin _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Mack McCray _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Tammy Stanzione, CMC Rebecca Shelton 59 Interim City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 48 G-1 EXHIBIT G Six (6) Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”) Governmental Entity: City of Boynton Beach State: FL Authorized Official: Rebecca Shelton, Mayor/authorized_official/ Address 1: 100 E. Ocean Ave./address1/ Address 2: /address2/ City, State, Zip: Boynton Beach, FL 33435/city/ /state_pd/ /zip/ Phone: (561) 742-6051 /(561) phone/ Email: Cityattorney@bbfl.us /lamsemail/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the six (6) Remnant Defendants’ Settlement Agreement (“RDSA”), dated February 3, 2026, and described further in Paragraph 1, and acting through the undersigned authorized official, hereby elects to participate in the RDSA, release all Released Claims against all Released Entities, and agrees as follows: 1.The Governmental Entity hereby elects to participate in the RDSA as a Participating Subdivision with each of the following six (6) Remnant Defendants that are parties to the RDSA: (1) Associated Pharmacies, Inc. (and American Associated Pharmacies), (2) J M Smith Corporation, (3) Morris and Dickson Co., L.L.C., (4) Louisiana Wholesale Drug Company, Inc., (5) North Carolina Mutual Wholesale Drug Company, Inc., and (6) United Natural Foods, Inc. (and SuperValu). 2.The Governmental Entity is aware of and has reviewed the RDSA, understands that all capitalized terms not defined in this Combined Participation Form have the meanings defined in the RDSA, and agrees that by executing this Combined Participation Form, the Governmental Entity elects to participate in the RDSA and become a Participating Subdivision as provided in the RDSAs. 3.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed against any Released Entity in the RDSA. With respect to any Released Claims pending in In Re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice for each of six (6) Remnant Defendants listed in Paragraph 1 above substantially in the form found at https://nationalopioidsettlement.com/additional- settlements/. 4.The Governmental Entity agrees to the terms of each of the RDS A pertaining to Participating 49 G-2 Subdivisions as defined therein. 5.By agreeing to the terms of the RDSA settlements and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6.The Governmental Entity agrees to use any monies it receives through the RDSA solely for the purposes provided therein. 7.The Governmental Entity submits to the jurisdiction of the MDL Court and agrees to follow the process for resolving any disputes described in the RDSA. 8.The Governmental Entity has the right to enforce the RDSA as provided therein. 9.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes of the RDSA, including without limitation all provisions related to release of any claims, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in the RDSA in any forum whatsoever. The release provided for in the RDSA is intended by the Parties to be broad and shall be interpreted so as to give the Released Entities in the RDSA the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The RDSA shall be a complete bar to any Released Claim against the Released Entities. 10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the RDSA. 11. In connection with the releases provided in the RDSA, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. 50 G-3 A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims in the RDSA, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the RDSA. 12.The Governmental Entity understands and acknowledges that nothing herein is intended to modify in any way the terms of any of the RDSA, to which Governmental Entity hereby agrees. To the extent this Combined Participation Form is interpreted differently from the RDSA in any respect, the RDSA controls. I have all necessary power and authorization to execute this Combined Participation Form on behalf of the Governmental Entity. Signature: /signer_1/ a Name: /name_1/ a Title: /title_1/ a Date: /date_1/ a RRebecca Sheltonebec Mayor April 7, 2026 51 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-053- Approve and authorize the Mayor to sign the Second Amendment to the Grant Agreement I0124 from the federally funded Community Development Block Grant Mitigation Program (CDBG-MIT) offered by the Florida Department of Commerce for the City of Boynton Beach's Fire Rescue Station No. 2 Project. Requested Action: Staff recommends the approval of Proposed Resolution No. R26-053. Explanation of Request: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD’s Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis, targeting HUD-designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low to Moderate Income (LMI) National Objective. Projects eligible for funding under this program must harden critical buildings serving public safety purposes for local communities. The City of Boynton Beach, Florida, was awarded $571,611.00 in CDBG-MIT (Community Development Block Grant – Mitigation) under the Critical Facility Hardening Program to harden the City of Boynton Beach’s Fire Rescue Station No. 2 for activities to mitigate wind damage. The grant agreement was signed by the Mayor on November 29th, 2021, which approved and authorized its execution. The Second Amendment will extend the grant until December 7, 2026, and update the scope of work. Staff is requesting that the City Commission approve the amendment and authorize the Mayor to execute all future documents associated with the grant that do not increase the City's financial obligations. How will this affect city programs or services? The City of Boynton Beach, committed to the well-being and protection of its residents, finds it imperative to strengthen its public safety infrastructure. Account Line Item and Description: Grant accounts 52 Fiscal Impact: No fiscal impact/ Reimbursable. Attachments: R26-053 Agenda_Item_4449- 2026_Resolution_for_Commerce_Grant_Agmt_I0124_Amd__2.docx Exhibit A to Resolution - I0124-Amendment # 2.pdf Executed Contract - Final I0124-BoyntonBeach-MIT-Executed.pdf I0124-A1-Executed Amendment 1.pdf R21-151.pdf R22-148.pdf 53 RESOLUTION NO. R26-053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE 2 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT 3 MITIGATION PROGRAM SUBRECIPIENT AGREEMENT I0124 FOR FIRE 4 STATION NO. 2 HARDENING PROJECT BETWEEN THE CITY AND THE 5 STATE OF FLORIDA, DEPARTMENT OF COMMERCE, FORMERLY 6 KNOWN AS THE “DEPARTMENT OF ECONOMIC OPPORTUNITY”; AND 7 FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on December 8, 2021, the State of Florida, Department of Commerce 10 (“Commerce”), formerly known as the “Department of Economic Opportunity,” and the City of 11 Boynton Beach, Florida (“Subrecipient”) entered the Federally Funded Community Development 12 Block Grant Mitigation Program Subrecipient Agreement I0124 for Fire Station No. 2 Hardening 13 Project (“Agreement”), approved by Resolution No. R21-151, approved by the City Commission 14 on November 16, 2021; and 15 WHEREAS, on December 2, 2022, the parties entered Amendment No. 1 to the Agreement 16 amending Section 15 “Citizen Complaints” of the Agreement, approved by Resolution No. R22 -17 148, approved by the City Commission on October 18, 2022; and 18 WHEREAS, the parties desire to further amend the Agreement; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City’s citizens and residents to approve Amendment No. 2 to the Federally 21 Funded Community Development Block Grant Mitigation Program Subrecipient Agreement I0124 22 for Fire Station No. 2 Hardening Project between the City and the State of Florida, Department of 23 Commerce, formerly known as the “Department of Economic Opportunity.” 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve Amendment No. 2 to the Federally Funded Community Development Block Grant 31 Mitigation Program Subrecipient Agreement I0124 for Fire Station No. 2 Hardening Project 32 54 RESOLUTION NO. R26-053 between the City and the State of Florida, Department of Commerce, formerly known as the 33 “Department of Economic Opportunity” (the “Amendment”), in form and substance similar to that 34 attached as Exhibit A. 35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 36 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 37 ancillary documents required under the Agreement or necessary to accomplish the purposes of 38 the Agreement, including any term extensions as provided in the Agreement, provided such 39 documents do not modify the financial terms or material terms. 40 SECTION 4. The Mayor-executed Amendment shall be forwarded to Mirna Crompton 41 to obtain execution of the Amendment by Commerce. Mirna Crompton shall be responsible for 42 ensuring that one fully executed Amendment is returned to the City and provided to the Office of 43 the City Attorney for forwarding to the City Clerk for retention as a public record. 44 SECTION 5. This Resolution shall take effect in accordance with the law. 45 [SIGNATURES ON THE FOLLOWING PAGE] 46 47 55 RESOLUTION NO. R26-053 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor – Rebecca Shelton _____ _____ 51 52 Vice-Mayor – Thomas Turkin _____ _____ 53 54 Commissioner – Angela Cruz _____ _____ 55 56 Commissioner – Mack McCray _____ _____ 57 58 Commissioner – Aimee Kelley _____ _____ 59 60 VOTE ______ 61 ATTEST: 62 63 _____________________________ ______________________________ 64 Tammy Stanzione, CMC Rebecca Shelton 65 Interim City Clerk Mayor 66 67 APPROVED AS TO FORM: 68 (Corporate Seal) 69 70 _______________________________ 71 Shawna G. Lamb 72 City Attorney 73 56 Commerce Agreement Number: I0124 Page 1 of 15 Date revised 7/1/2024 AMENDMENT TWO TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT On December 8, 2021, the State of Florida, Department of Commerce (“Commerce”), formerly known as the “Department of Economic Opportunity,” and the City of Boynton Beach, Florida (“Subrecipient”) entered into agreement I0124 (“Agreement”). Commerce and the Subrecipient may individually be referred to herein as a “Party” or collectively as the “Parties.” WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS the Agreement was previously amended on December 2, 2022; and WHEREAS the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed the “Florida Department of Commerce.” Effective July 1, 2023, all references throughout the Agreement to “Department of Economic Opportunity” or “DEO” are replaced with “Department of Commerce” or “Commerce” as appropriate. 2. This Agreement is hereby reinstated as though it had not expired. 3. Section 3, Period of Agreement, is hereby deleted in its entirety and replaced with the following: (3) Period of Agreement. This Agreement begins December 8, 2021, and ends December 7, 2026, unless otherwise terminated as provided in this Agreement. Commerce shall not grant any extension of this Agreement unless Subrecipient provides justification satisfactory to Commerce in its sole discretion and Commerce’s Deputy Secretary of the Division of Community Development approves such. 4. Section (7) Audit Requirements, Subsection (a) is hereby deleted and replaced with the following: (a) Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends one million dollars ($1,000,000) or more in Federal awards from all sources during its fiscal year. 5. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following: (15) Citizen Complaints. The goal of Commerce is to provide an opportunity to resolve citizen complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 571134 Commerce Agreement Number: I0124 Page 2 of 15 Date revised 7/1/2024 according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: (a) Conducting investigations, as necessary; (b) Finding a resolution; or (c) Conducting follow-up actions. Program Appeals Applicants may appeal program decisions related to one of the following activities: (a) A program eligibility determination; (b) A program assistance award calculation; or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at CDBG-DR@commerce.fl.gov or by mail to the following address: Attention: Office of Long-Term Resiliency Florida Department of Commerce 107 East Madison Street The Caldwell Building, MSC 420 Tallahassee, Florida 32399 HUD Complaints If the complainant is not satisfied by the Subrecipient’s determination or Commerce’s response, then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has not been satisfied with the response at the conclusion of the complaint or appeals process, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Department of Housing & Urban Development Charles E. Bennet Federal Building 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Fair Housing Complaints The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 6. Section 28, Employment Eligibility Verification , is hereby deleted in its entirety and replaced with the following: A. E-Verify is an Internet-based system that allows an employer, using information reported on Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 58 Commerce Agreement Number: I0124 Page 3 of 15 Date revised 7/1/2024 an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E - Verify. The Department of Homeland Security’s E-Verify system can be found at: https://www.e-verify.gov/. B. In accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. (2) An employer shall verify each new employee’s employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-Verify system to verify a new employee’s employment eligibility. C. If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. 7. This Agreement is hereby amended to add the following: (32) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED If applicable, and in accordance with section 287.138, F.S., a contract between a governmental entity and an entity which would give access to an individual’s personal identifying information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form,” which is incorporated herein by reference. If applicable, Subrecipient must provide Commerce with a signed Foreign Country of Concern Attestation Form pursuant to section 287.138(4), F.S., and rule 60A-1.020, F.A.C. (33) FOREIGN INFLUENCE In accordance with section 286.101, F.S., if this Agreement has a value of $100,000 or more, Subrecipient shall disclose to Commerce any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any ti me or such contract or grant or gift was received or in force at any time during the previous five (5) years. The disclosure requirements are more fully defined within the statute. Subrecipient represents that it is, and for the duration of this Agreement will remain, in compliance with section 286.101, F.S. Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 59 Commerce Agreement Number: I0124 Page 4 of 15 Date revised 7/1/2024 (34) HUMAN TRAFFICKING If applicable, and in accordance with section 787.06, F.S., when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in that statute. If applicable, Subrecipient must provide Commerce with an affidavit signed by an officer or a representative of Subrecipient under penalty of perjury attesting that Subrecipient does not use coercion for labor or services as defined in section 787.06, F.S. 8. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced with the attached: 9. Attachment G, Reports, Section 3, is hereby deleted in its entirety and replaced with the following: 3. The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR § 200.344. Activities during this close-out period may include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.344, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 10. Attachment I, Audit Requirements, is hereby deleted in its entirety and replaced with the attached Attachment I – Audit Requirements. 11. Attachment J, Audit Compliance Certification, is hereby deleted in its entirety and replaced with the attached Attachment J- Audit Compliance Certification. 12. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full force and effect. ~ Remainder Left Intentionally Blank ~ Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 60 Commerce Agreement Number: I0124 Page 5 of 15 Date revised 7/1/2024 IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of Commerce Agreement Number I0124, as amended. This Amendment is effective on the date the last Party signs this Amendment. CITY OF BOYNTON BEACH, FLORIDA FLORIDA DEPARTMENT OF COMMERCE SIGNED: SIGNED: REBECCA SHELTON J. ALEX KELLY MAYOR SECRETARY DATE: DATE: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL FLORIDA DEPARTMENT OF COMMERCE By: Approved Date: __ Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 61 Page 6 of 15 Date revised 7/1/2024 Commerce Agreement Number: I0124 Attachment A – Project Description and Deliverables 1.PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD’s Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low - to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. (86 FR 561). This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serve a public safety purpose for local communities. Critical buildings include: 1.Potable water facilities 2.Wastewater facilities 3.Police departments 4.Fire departments 5.Hospitals 6.Emergency operation centers 7.Emergency shelters 2.PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy-One Thousand Six Hundred and Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT (Community Development Block Grant – Mitigation) funding to harden the City of Boynton Beach’s Fire Rescue Station No. 2. Activities to mitigate wind damage include: A.Replace the eight (8) existing roll-up doors at Fire Rescue Station No. 2 with four (4) fold doors and four (4) new roll-up doors. B.Replace strapping of the current HVAC equipment to the concrete slab. All strapping should conform to the wind load requirements of ASCE07-10 for a 170-mph wind speed building rick category IV, exposure C. This project satisfies the Low-to-Moderate (LMI) National Objective as the area of benefit population has an LMI of 51.14%. The city will contribute $26,474.00 in-kind staff support for a total project cost of $598,085.00. The team overseeing the project includes the City Manager, Public Work Director, City Engineer, Fire marshal, Project Manager, Purchasing Manager, and selected contractor(s). 3.SUBRECIPIENT RESPONSIBILITIES: A.Complete and submit the following items to Commerce within thirty (30) calendar days of execution of the agreement: 1.Organizational chart with contact information. Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 62 Commerce Agreement Number: I0124 Page 7 of 15 Date revised 7/1/2024 2.Job descriptions for Subrecipient’s employees, contracted staff, vendors, and contractors. If staffing changes, there must be a submittal stating the names and job descriptions on the monthly report deadline. 3.Attachment B, Project Budget – Develop and submit to Commerce a detailed budget for implementation of the project. 4.Attachment C, Activity Work Plan – Develop and submit to Commerce a detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines. Should any changes to the organizational chart, Attachment B or Attachment C be deemed necessary, an updated plan must be submitted to Commerce with your monthly report for review and approval by the Commerce Grant Manager. B.Develop and submit a copy of the following policies and procedures to the Commerce Grant Manager for review and approval within thirty (30) calendar days of Agreement execution.  The Commerce Grant Manager will provide approval in writing prior to the policies and procedures being implemented. a.Procurement policies and procedures that incorporate 2 CFR 200.317-327. b.Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. c.Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDGB-MIT and Commerce policies. d.Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG Fraud Hotline (phone: 1-800-347-3735 or email hotline@hudoig.gov). C.Attend fraud-related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D.Upload required documents into a system of record provided by Commerce. E.Maintain organized subrecipient agreement files and make them accessible to Commerce or its representatives, upon request. F.Comply with all terms and conditions of the subrecipient agreement, Mitigation Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. G.Provide copies of all proposed procurement documents to Commerce ten (10) business days prior to posting as detailed in Attachment D of Subrecipient Agreement.  The proposed procurement documents will be reviewed and approved by the Commerce Grant Manager.  Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. H.Provide the following information on a quarterly basis within ten (10) calendar days after the end of each quarter:   Monthly and Quarterly Reports as detailed in Attachment G. I.Close out report will be due no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. J.Subrecipient shall provide pictures to document progress and completion of tasks and final project. 4.ELIGIBLE TASKS AND DELIVERABLES: A.Deliverable 1 – Engineering Services Subrecipient shall: Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 63 Commerce Agreement Number: I0124 Page 8 of 15 Date revised 7/1/2024 1.Obtain architectural and structural construction documents including drawings and specifications such as shop drawings, submittals, reviews for roof replacement, light pole installation and HVAC tie down strapping. B.Deliverable 2 – Construction Subrecipient shall hire Florida licensed contractor to: 1.Replace the eight (8) existing roll-up doors at Fire Rescue Station No. 2 with four (4) fold doors and four (4) new roll-up doors. 2.Replace strapping of the current HVAC equipment to the concrete slab. All strapping should conform to the wind load requirements of ASCE07-10 for a 170-mph wind speed building rick category IV, exposure C. 5.DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1 – Engineering Services Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete task as detailed in Section 4.A. of this Scope of Work Subrecipient may request reimbursement upon completion of a minimum of one (1) task in accordance with Section 4.A of this Scope of Work, evidenced by submitting the following documentation: 1. Engineering design, working drawings and associated cost estimates, if applicable. 2.Copies of all required permits, if applicable; and 3. Invoice package in accordance with Section 7 of this Scope of Work. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Deliverable No. 1 Cost: $32,383.00 Deliverable No. 2 - Construction Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete task as detailed in Section 4.B of this Scope of Work Subrecipient may request reimbursement upon completion of activities in accordance with Section 4.B of this Scope of Work in the following increments: 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, and 100%, evidenced by submittal of the following documentation: 1.AIA forms G702 and G703, or similar accepted Commerce Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 64 Commerce Agreement Number: I0124 Page 9 of 15 Date revised 7/1/2024 form, completed by a licensed professional certifying to the percentage of project completion; 2.Photographs of project in progress and completed; and 3.Invoice package in accordance with Section 7 of this Scope of Work. Total Deliverable 2 Cost: $539,228.00 TOTAL PROJECT COST NOT TO EXCEED $571,611.00 COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5 tables above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict Commerce’s ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce’s Grant Manager is required for changes to the above Deliverable amounts that do not exceed 25% of each deliverable total funding amount. Changes that exceed 25% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount of this Agreement. 6.COMMERCE RESPONSIBILITIES: A.Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be Commerce in its discretion. B.Assign a Grant Manager as a point of contact for Subrecipient. C.Review Subrecipient’s invoices described herein and process them on a timely basis. D.Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines necessary at Commerce’s sole and absolute discretion, and process payments to Subrecipient. 7.INVOICE SUBMITTAL: Commerce shall reimburse the Subrecipient in accordance with Section 5, above. In accordance with the Funding Requirements of s. 215.971(1), F.S. and Section (21) of this Agreement, the Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (https://www.myfloridacfo.com/docs- sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf). A.Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month in which deliverables have not been completed, the Subrecipient will provide notice that invoicing will not be submitted. B.The following documents shall be submitted with the itemized invoice: 1.A cover letter signed by Subrecipient’s Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid; and (4) were incurred during this Agreement. 2.Subrecipient’s invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 65 Commerce Agreement Number: I0124 Page 10 of 15 Date revised 7/1/2024 3.A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. Include if applicable to your program 4.Photographs of the project in progress and completed work; 5.A copy of all supporting documentation for vendor payments; and 6.A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C.If the Subrecipient is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulations allows such payments. Upon meeting either of the criteria set forth below, the subrecipient may elect in writing to exercise this provision. 1.A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or 2.A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section 218.67(1), F.S. If the Subrecipient meets the criteria set forth in this paragraph, then the Subrecipient is deemed to have demonstrated financial hardship. D.The Subrecipient’s invoice and all documentation necessary to support payment requests must be submitted into Commerce’s Subrecipient Enterprise Resource Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the agreement. ~ Remainder Left Intentionally Blank ~ Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 66 Commerce Agreement Number: I0124 Page 11 of 15 Date revised 7/1/2024 Attachment I – Audit Requirements The administration of resources awarded by Commerce to the Subrecipient may be subject to audits and/or monitoring by Commerce as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. 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 Commerce staff, limited scope audits as defined by 2 C.F.R. part 200, as revise d, and/or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by Commerce. In the event Commerce determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by Commerce staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investig ations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a State or local government or a non-profit organization as defined in 2 C.F.R. part 200, as revised. 1.In the event that the Subrecipient expends $1,000,000 or more in federal awards in its fiscal year, the Subrecipient must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from Commerce. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, will meet the requirements of this part. 2.In connection with the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. 3.If the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Subrecipient 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 C.F.R. 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). 4.Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for -profit) Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 67 Commerce Agreement Number: I0124 Page 12 of 15 Date revised 7/1/2024 organizations, the pass-through entity has an obligation to ensure that for-profit Sub-subrecipients that expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. Additional Federal Single Audit Act resources can be found at: https://harvester.census.gov/facweb/Resources.aspx PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by section 215.97(2), F.S. 1.In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient, the Subrecipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from Commerce, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2.In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3.If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Subrecipient 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, F.S., 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 Subrecipient’s resources obtained from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ 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), F.S., 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, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 68 Commerce Agreement Number: I0124 Page 13 of 15 Date revised 7/1/2024 PART IV: REPORT SUBMISSION 1.Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following at the address indicated: A.Florida Department of Commerce Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: FMA-RWB@commerce.fl.gov B.The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at: https://harvester.census.gov/facweb/ 2.Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Subrecipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor; copies of reports required by Part II of this Exhibit must be sent to Commerce at the addresses listed in paragraph three (3) below. 3.Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following: A.Commerce at the following address: Electronic copies: Audit@commerce.fl.gov 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, FL 32399-1450 Email Address: flaudgen_localgovt@aud.state.fl.us 4.Any reports, management letter, or other information required to be submitted to Commerce pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S., and Chapters 10.550 (local governmental enti ties) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 69 Commerce Agreement Number: I0124 Page 14 of 15 Date revised 7/1/2024 5.Subrecipients and Sub-subrecipients, when submitting financial reporting packages to Commerce for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient/Sub-subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received, or for a period of three (3) years from the date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S. Department of Housing and Urban Development, whichever period is longer, and shall allow Commerce, or its designee, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the reco rds has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. The Subrecipient shall ensure that audit working papers are made available to Commerce, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by Commerce. ~ Remainder Left Intentionally Blank ~ Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 70 Page 15 of 15 Date revised 7/1/2024 Commerce Agreement Number: I0124 Attachment J - Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@commerce.fl.gov. Subrecipient: FEIN: Subrecipient’s Fiscal Year: Contact Name: Contact’s Phone: Contact’s Email: 1.Did the Subrecipient expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Florida Department of Commerce (Commerce)? Yes No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from Commerce and all other sources of state financial assistance combined) during its fiscal year? Yes No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project - specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2.Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and Commerce? Yes No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $1,000,000 or more in federal awards (from Commerce and all other sources of federal awards combined) during its fiscal year? Yes No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 71 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 72 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 73 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 74 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 75 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 76 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 77 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 78 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 79 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 80 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 81 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 82 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 83 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 84 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 85 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 86 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 87 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 88 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 89 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 12/6/2021 12/8/2021 90 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 91 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 92 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 93 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 94 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 95 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 96 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 97 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 98 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 99 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 100 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 101 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 102 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 103 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 104 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 105 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 106 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 107 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 108 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 109 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 110 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 111 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 112 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 113 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 114 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 115 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 116 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 117 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 118 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 119 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 120 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 121 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 122 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 123 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 124 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 125 DEO Agreement No.: I0124 Page 55 of 60 Attachment K – Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement        DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 126 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 127 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 128 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 129 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 130 DocuSign Envelope ID: CF6BCA00-5851-4F0F-86A0-A7590E972A3A 12/8/2021 131 DocuSign Envelope ID: E840BCF9-EB3B-4798-8604-31B8206E76E4 132 DocuSign Envelope ID: E840BCF9-EB3B-4798-8604-31B8206E76E4 133 DocuSign Envelope ID: E840BCF9-EB3B-4798-8604-31B8206E76E4 11/7/2022 12/2/2022 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION R21- 151 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM CDBG-MIT) SUBRECIPIENT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR BOYNTON BEACH FIRE RESCUE STATION NO.2 - HARDENING GRANT IN THE AMOUNT OF $571,611.00 FOR PROJECT PLANNING, DESIGN, ADMINISTRATION AND CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On June 29, 2021, the Public Works Department Engineering Division submitted a grant application to the Department of Economic Opportunity (DEO) for the Community Development Block Grant Mitigation Program (CDBG-MIT) — Rebuild Florida Critical facility Hardening Program for Fire Station No.2- hardening. WHEREAS, the purpose of this project is to ensure that first responders are capable of responding to an emergency, anywhere in the City, after a hurricane; and WHEREAS, the DEO has awarded the City reimbursable grant in the amount of 571,611 which will cover $42,342 for planning and design, and $529,269 in construction cost and the City will be responsible for $26,464 administration cost of leverage funds, for a total grant amount of $589,075. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CA\RESOWgreements\Grants\CDBG - SubRecipient Fire Rescue Hardening Grant - Reso.docx 0 135 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 authorize the Mayor to sign the Community Development Block Grant Mitigation Program 30 (CDBG-MITT Subrecipient Agreement with the State of Florida Department of Economic 31 Opportunity (DEO) for Boynton Beach Fire Rescue Station No. 2 - Hardening Grant in the 32 amount of $571,611.00 for project planning, design, administration and construction. 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this 16th day of November, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor — Steven B. Grant V/ 40 41 Vice Mayor — Woodrow L. Hay 42 43 Commissioner —Justin Katz 44 45 Commissioner —Christina L. Romelus 46 47 Commissioner — Ty Penserga 48 49 50 VOTE— 51 52 ATTEST: 53 54 55 56 Cristal Gibson, MMC 57 City Clerk 58 59 60 Corporate Seal) S:\CA\RESOWgreements\Grants\CDBG - SubRecipient Fire Rescue Hardening Grant - Reso.docx 2 136 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.40124 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as "DEO') and the City of Boynton Beach, Florida, hereinafter referred to as the "Subrecipient" (each individually a "Party" and collectively "the Parties'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, pursuant to Public Law (P.L) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018"; and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance'), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD's has awarded Community Development Block Grant Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes, regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; (2) address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s); 3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or. alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 60 137 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 NOW THEREFORE, DEO and the Subrecipient agree to the following- 1) ollowing 1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. 2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DEO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines, will conduct, and will ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MTT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations, as now in effect and as may be amended from time to time, including but not limited to, the Federal laws and regulations set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's Action Plan, and all applicable CDBG-MTT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I, etseq., and all other applicable federal laws, regulations, and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. 3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement (the "Effective Date's and ends forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein. 4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development approves such extension in writing 5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DEO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. 6) RECORDS a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books, documents, papers and records, including electronic storage media, as Page 2 of 60 138 DocuSign Envelope ID: CF6BCA00-58514FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure that all related parry transactions are disclosed to the auditor. e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(u). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period, in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. fl The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. g,) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement. Provided further, that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds, projects or programs. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (22)(e), Repayments. h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. Reasonable" shall ordinarily mean during normal business hours of 8:00 am. to 5:00 p.m., local time, Monday through Friday. 7) AUDIT REQUIREMENTS a) The Subrecipient shall conduct a single or program -specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit .deo.myflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, Page 3 of 60 139 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions are applicable to this Agreement. 8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information. Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DEO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. 9) INSPECTIONS AND MONITORING a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO, HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations, and this Agreement. c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO; 2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR §200.521. d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MTI' funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. 10) DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et req.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). Page 4 of 60 140 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 11) LIABILITY a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S., pursuant to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. 12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default'), DEO may, in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity, without limitation: a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO, is or becomes false or misleading in any respect, or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute, rule, or regulation; b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty (30) calendar days from the date written notice is sent by DEO; c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete, or insufficient information or fails to submit additional information as requested by DEO; d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Parry or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Parry's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Subrecipient could reasonably foresee that Page 5 of 60 141 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the following (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. 13) REMEDIES If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right or remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty (30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; c) Withhold or suspend payment of all or any part of a request for payment; d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule or regulation governing the use of the funds; and e) Exercise any corrective or remedial actions, including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. Page 6 of 60 142 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 14) DISPUTE RESOLUTION DEO shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S., is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution, provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120, F.S. 15) CITIZEN COMPLAINTS The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: a) A program eligibility determination, b) A program assistance award calculation, or c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long -Term Resiliency email at CDBG-DRa.deo.myflorida.com or submit by postal mail to the following address: Attention: Office of Long -Tenn Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 400 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting. a) Investigations as necessary, b) Resolution, and c) Follow-up actions. If the complainant is not satisfied by Subrecipient's determination, then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEO at: Department of Economic Opportunity Caldwell Building, MSC -400 107 E Madison Street Tallahassee, FL 32399 The Florida Office of Long -Term Resiliency operates in Accordance with the Federal FairHousingLaw (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file Page 7 of 60 143 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 16) TERMINATION a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEC) may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. c) The Parties may terminate this Agreement for their mutual convenience in writing, in the manner agreed upon by the Parties, which must include the effective date of the termination. d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEC) may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. f) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEC) an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. Page 8 of 60 144 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 17) NOTICE AND CONTACT a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. b) The name and address of DEO's Grant Manager for this Agreement is: Paul Wotherspoon 107 E Madison St. Tallahassee, FLorida 32399 850-717-8502 Paul.Wotherspoon@deo.myflorida.com c) The name and address of the Local Government Project Contact for this Agreement is: Paola Mendoza P. O. Box 310 Boynton Beach, Florida 33425 561-742-6266 MendozaP@bbfl.us d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. 18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D & E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: a) the period of performance or date of completion; b) the performance requirements; c) that the contractor is bound by the terms of this Agreement; d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations; e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non -Federal Entity Contract Under Federal Awards — (refer to Attachment L) Page 9 of 60 145 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.4890)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. 19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made is writing by an authorized DEO official. 20) ATTACHMENTS a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. b) This Agreement contains the following attachments: Attachment A — Project Description and Deliverables Attachment B — Project Budget (Example) Attachment C — Activity Work Plan (Example) Attachment D — Program and Special Conditions Attachment E — State and Federal Statutes, Regulations and Policies Attachment F — Civil Rights Compliance Attachment G — Reports Attachment H — Warranties and Representations Attachment I — Audit Requirements Exhibit 1 to Attachment I — Funding Sources Attachment J — Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L - 2 CFR Appendix II to Part 200 Attachment M — Subrogation Agreement 21) FUNDING/CONSIDERATION a) The funding for this Agreement shall not exceed Five Hundred Seventy -One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability NFA' through DEO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions, assurances, restrictions or other instructions listed in the NFA. c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO. These written administrative procedures, processes and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance Page 10 of 60 146 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D, Program and Special Conditions. d) Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance with the Scope of Work. e) Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF') on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23), Mandated Conditions of this Agreement, all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes, rules, or regulations. 0) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act's. k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. 22) REPAYMENTS a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. 0 In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of $15.00 or five percent of the face amount Page 11 of 60 147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of `Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 23) MANDATED CONDITIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. e) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. f) Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. S 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations, transportation, state and local government services and telecommunications. g) Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section 287.133(1), F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. h) Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement, the Subrecipient represents Page 12 of 60 148 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 0) In the event travel is pre -approved by DEO, any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR § 200.474. k) If Subrecipietnt is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount. 0) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section 906 of P.L. 101-625, the Cranston -Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing, the following- 1. ollowing1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. 24) LOBBYING PROHIBITION a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. b) The Subrecipient certifies, by its signature to this Agreement, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any general loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed Page 13 of 60 149 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars 10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. 26) LEGAL AUTHORIZATION a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution; any such documentation is incorporated herein by reference. b) Prior to the execution of this Agreement, Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. 27) PUBLIC RECORD RESPONSIBILITIES a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records, in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRequest(@deo.myflorida.com within one (1) business day from receipt of the request. b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public records, provide DEO 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 by Chapter 119, F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the Page 14 of 60 150 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701 (1) (a), F.S. ("Subrecipient-contractor'), the Subrecipient-contractor shall transfer to DEO, at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided to DEO, upon request from DEO's custodian of public records, in a format that is compatible with the information technology systems of DEO. e) If DEO does not possess a record requested through a public records request, DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time, but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72) hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data subject's privacy. g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports, invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119, F.S. h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of this Agreement. Page 15 of 60 151 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequest e, deo.myfloridaxom, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees, partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this indemnification provision. k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO, including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published, either in print or electronically, to any other entity that is not a Party to this Agreement, except potential or actual employees, agents, representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. 0) Subrecipient shall comply with the requirements set forth in Section 119.070 1, F.S., when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. 28) EMPLOYMENT ELIGIBILITY VERIFICATION a) Section 448.095, F.S., requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E - Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person, verify such person's employment eligibility. A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. b) E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new Page 16 of 60 152 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 employees hired to work in the United States. There is no charge to employers to use E -Verify. The Department of Homeland Security's E -Verify system can be found at: hMs://www.e-verify.govZ c) If the Recipient does not use E -Verify, the Recipient shall enroll in the E -Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. 29) PROGRAM INCOME a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR S 570.500(a) or in the Federal Register Guidance governing the CDBG-MTT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500, 570.504 and the terms of this Agreement. b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. 30) NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: a) Benefit low and moderate income; b) Meet a particularly urgent need; c) Aid in the prevention or elimination of slums or blight. 31) INDEPENDENT CONTRACTOR a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient, its employees, subcontractors or agents. Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. c) Subrecipient shall have sole right to control the manner, method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or Page 17 of 60 153 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.10124 assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer or partner of the State of Florida e) Unless justified by the Subrecipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443, F.S. h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assigns, agents, representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement; DEO may provide training in the form of an Implementation Workshop in keeping with implementation Remainder of this page is intentionally left blank Page 18 of 60 154 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BO N BEA?YLORIDA By By Signature Steven Grant Title Mayor Title Date Federal Tax ID # DUNS # I 1=Zq-20-2-1 59-6000395 072247133 Date DEPARTMENT OF ECONOMIC OPPORTUNITY Signature Meredith Ivey Chief of Staff Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. CITY ArroEY OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 19 of 60 155 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement NoA0124 Attachment A — Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive 633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (NM) Areas, primarily addressing the Benefits to Low -to -Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program 20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration 63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical facilities that serve a public safety purpose for local communities. Critical facilities include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters 2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT Community Development Block Grant — Mitigation) funding to harden the City of Boynton Beach's Fire Rescue Station No. 2. Activities to mitigate wind damage include: A. Replacement of the eight (8) overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility, ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors. B. Installation of hurricane strapping to secure exterior HVAC equipment, C. Removing rust and painting generator enclosure; and D. Replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. This project satisfies the Low -to -Moderate (I -MI) National Objective as the area of benefit population has an LMI of 51.14%. The project is projected to begin November 1, 2021 and be completed within 48 months after date of execution. The City will contribute $26,474.00 in-kind staff support for a total project cost of 598,085.00. The team overseeing the project includes the City Manager, Public Work Director, City Engineer, Fire marshal, Project Manager, Purchasing Manager, and selected contractor(s). Page 20 of 60 156 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval. The Staffing plan must include the following- 1. ollowing1. Organizational Chart; and 2. job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email hodine(&,hudoiggov). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MPI' grant funds when available. D. Upload required documents into a system of record provided by DEO. E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Complete procurement of all applicants for internal grants management and compliance and direct program and product production, including - 1 . ncluding1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance, and administration. 2. Selection of applicants, subredpients and/or staff that will be responsible for appraisal, environmental review, title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes, DEO's Contract Manager will contact Subrecipient regarding Page 21 of 60 157 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 changes. Subrecipient is required to submit the updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will be required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation, provided by DEO, receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-M1T funds. K Provide the following documentation to DEO within ten (10) calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes, there must be s submittal stating the names, job descriptions, on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter, b. Issues or risks that have been faced with resolutions; and c. Projected activities to be completed within the following quarter. N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C — Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1— Engineering and Design Tasks that are eligible for reimbursement are as follows: Architectural and Structural construction documents including drawings and specifications such as shop drawings, submittals, reviews for roof replacement, light pole installation and HVAC tie down strapping. B. Deliverable No. 2 — Construction Tasks that are eligible for reimbursement are as follows: 1. Removal of existing eight (8) roll -down bay doors and replacement with eight (8) overhead doors meeting American Society of Civil Engineer (ASCE) Standards 07-10 and American National Standards Institute / Door and Access Systems Manufacturing Association ANSI/DASMA) 108 and DASMA Technical Sheet 115. 2. Replace tie down strapping for the current HVAC equipment with strapping of like dimension to the concrete slap. 3. Refurbish existing generator housing through removal of rust and repainting. Page 22 of 60 158 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 4. Remove and replace existing light poles and replace with code compliant poles and foundations of like dimension. Supporting activities shall include: 1. Maintain financial records related to project activities; 2. Maintain project files; 3. Attend meetings to provide progress reports on subgrant activities; 4. Prepare documentation for and attend monitoring visits by DEC); 5. Prepare requests for funds for submission; 6. Prepare subgrant modification documents; 7. Prepare administrative closeout report; among other required activities to implement the project. 5. DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEO shall monitor progress, review reports, conduct site visits, as DEC) determines necessary at DEO's sole and absolute discretion, and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1- Engineering and Design Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.A of this reimbursement upon completion Level of Service as specified shall Scope of Work. of the tasks listed in Section 4.A result in non-payment for this of this Scope of Work as deliverable for each payment evidenced by submittal of the request. following documentation: 1) Copies of design drawings and specifications; and 2) Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 1 Cost - $32,383.00 Deliverable No. 2 - Construction Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.13.1 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 4.13.1 of this deliverable for each payment Scope of Work as evidenced by request. Page 23 of 60 159 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A Subrecipient shall complete eligible tasks as detailed in Section 4.B.2 of this Scope of Work. Subrecipient shall complete eligible tasks as detailed in Section 4.B.3 of this Scope of Work. Subrecipient shall complete eligible tasks as detailed in Section 4.13.4 of this Scope of Work. submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.B.2 of this Scope of Work as evidenced by submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.B.3 of this Scope of Work as evidenced by submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.B.4 of this Scope of Work as evidenced by submittal of the following documentation: Page 24 of 60 DEO Agreement No.:I0124 Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. 160 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement NoA0124 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971 (1), F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures O=s://www.m ZMg-ridacfo.com/Division/AA/Manuals/docurnents/ReferenceGuideforStateF-Qenditures.pdf . A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7. of this Scope of Work. Deliverable 2 Cost - $539,228.00 TOTAL PROJECT COST NOT TO EXCEED $571,611.00 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971 (1), F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures O=s://www.m ZMg-ridacfo.com/Division/AA/Manuals/docurnents/ReferenceGuideforStateF-Qenditures.pdf . A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 161 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. Remainder of this page is intentionally left blank Page 26 of 60 162 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 Attachment B — Project Budget (Example) Contract ModificationSubrecipient: Number: Number: Activity/Project National Objective Beneficiaries Budget ActivitytyLMIDescription Slum Urgent VLI LI MI Non- Total CDBG- MIT Other Source Total Blight Need LMI Amount Funds Funds 1. Housing Program - Homeowner Service Project (Example Activities) Home Repair Reconstruction Replacement of Manufactured Homes Temporary Rental and Mortgage Assistance Buyout / Acquisition for Redevelopment 2. Housing Program - Supportive Housing Initiative PUD Rental Housing Project (Example Activities) 3. Public Facilities Program — Unified Service Center (Example Activities) 4. Infrastructure Program Example Activities) Armstrong Drainage Project Hastings Phase I Sewer Hastings Phase II Sewer Page 27 of 60 163 DocuSign Envelope ID: CF6BCA00-5851.4FOF-86AO-A7590E972A3A DEO A eement No.:I0124 Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other agencies and program income. Source of Other Funds Oyster Creek Basin Improvements 1. 2. 3. 4. Orange Street Drainage Avenue D Drainage St. Augustine - Lake Maria Sanchez HMGP Match Drainage St. Augustine Blvd & Cypress Rd Drainage 5. Administration 6. Planning Totals: Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other agencies and program income. Source of Other Funds Amount 1. 2. 3. 4. Page 28 of 60 164 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A Subrecipient Contract Number: DEO Agreement No.:I0124 Attachment C — Activity Work Plan (Example) Activity: Date Prepared: Project Budget: Modification Number: Start Date month year) End Date month year) Describe Proposedp Action Activity Description Deliverable Associated Task CDBG- MIT Fundi h Fundingh Funding Estimated Funds by End Date Page 29 of 60 165 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment D — Program and Special Conditions The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that -will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal (RFP) is used as a means of solicitation, a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following- a. ollowing a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond $5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act, 40 CFR 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD -7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA', implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR § 570.606(b), the requirements of 24 CFR § 42.325 — 42.350 governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d), governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 30 of 60 166 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO, HUD, and applicable, regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (f applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing, as defined in the Allocation notice published in the Federal Register Volume 81, Number 224 on Monday, November 21, 2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO, if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR § 570.487(6). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR § 570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers, contractors, consultants and engineers involved in the application or in the planning, development or implementation of the project or CDBG- MIT -funded activity; and Page 31 of 60 167 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR § 570.489(g), such as those relating to the acquisition or disposition of real property; CDBG-MIT financial assistance to beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property, right-of-way, or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre - approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer, architect or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 32 of 60 168 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment E — State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement, including, but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits, Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipienes Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipienes records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: 1) Reviewing financial and performance reports required by DEO; 2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means; and 3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR §200.521. Page 33 of 60 169 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO, including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug -Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government -wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR 5200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements, and the terms and conditions of this agreement. To check for debarred or suspended entities, please visit hnps://www.sam.gQy/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR 570.2000. The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200.312, 2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.2000 and 24 CFR 570.4890, in which case Subrecipient shall comply with 24 CFR 570.200(j) and 24 CFR 570.4890, except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e) (1) (n). 6. Federal Funding Accountability and Transparency Act (FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, htWs://www.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number haps://fedgay.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Prope= Acquisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), 42 USC 4601 — 4655,49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. Page 34 of 60 170 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 In addition to other URA requirements, these regulations (49 CFR § 24.403(d)) implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act (§§ 288.703-288.706, F.S.); Title VI of the Civil Rights Act of 1964 (24 CFR part 1) 1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), as amended. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 35 of 60 171 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing or judicial proceeding arising thereunder. 2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action 1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24,1966, as amended, and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. 2) Women- and Minority -Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. 3) Notifications The Subrecipient 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 worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 36 of 60 172 DocuSign Envelope ID: CF6BCA00-58514FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Labor and Employment Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 3141, et seq.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low -Income Person Definition A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b) (2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). 1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 3) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the Page 37 of 60 173 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 4) The contractor will certify that any vacant employment positions, including training positions, that are filled 1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 5) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 6) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (h) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c. Thresholds A. Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30 (Numerical goals for meeting the greatest extent feasible requirement.) B. Recipients of Section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: 1. 10 percent of the aggregate number of new hires for the one-year period beginning in FY 1995; 2. 20 percent of the aggregate number of new hires for the one-year period beginning in FY 1996; and 3. 30 percent of the aggregate number of new hires for the one-year period beginning in FY 1997 and continuing thereafter. C. Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to award to Section 3 business concerns: 1. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and 2. At least three (3) percent of the total dollar amount of all other Section 3 covered contracts. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act, 5 USC 1501 —1508, and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DEO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbying Certification Page 38 of 60 174 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 The Subrecipient hereby certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LL.L, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly-, and 4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000, such as worship, religious instruction, or proselytization. Equal Treatment for Faith -Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non -religious organizations. e. Environmental Conditions 1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(8) of the HCD Act for environmental review, decision- making and action (see 24 CFR part 58) and is not delegated DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non -HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. 2) Air and Water The-Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency -40 CFR parts 6, 51, and 93); and b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended, and all regulations and guidelines issued thereunder. Page 39 of 60 175 DocuSign Envelope ID: CF6BCA00-58514FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 c) The Clean Air and Water Act: If this Contract is in excess of $100,000, Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, Pub. L. 94-163. 3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance, including loan assistance, to a person for repair, replacement or restoration for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. 4) Lead -Based Paint The Subrecipient shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title. 5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. 6) Additional Regulations a) The Temporary Assistance for Needy Families Program (`TANF'), 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG'), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits discrimination on the basis of sex in educational programs. c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. d) The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub -contracts. In compliance with Public Law (Pub. L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis, to children up to age 18. e) Public Announcements and Advertising. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project Page 40 of 60 176 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. fl Purchase of American -Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. g) The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117), which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. h) Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) — If this Contract involves federal funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that involve the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall 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 1 Vi times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94-580 codified at 42 U.S.C. 6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. G) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986, which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR § 200.207. Page 41 of 60 177 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment F — Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency, the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts, and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals; and 4. Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign -in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 42 of 60 178 DocuSign Envelope ID: CF6BCAOO-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women - owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women -owned businesses that can be used to develop a local MBE/WBE list at the following website: hags://osd.dms.myflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of "federally assisted construction contract" in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 43 of 60 179 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability - 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title H, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own, lease, lease to or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 - Economic Opportunities for Low- and Very Low -Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate -income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate -income people who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate -income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 CFR § 135.38 is required to be included in CDBG-MIT-funded contracts of $100,000 or more. Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or Page 44 of 60 180 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988); 4. 24 CFR § 570.487(b) — Affirmatively Furthering Fair Housing; 5. 24 CFR § 570.490(b) — Unit of general local government's record; 6. 24 CFR § 570.606(b) — Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8, which prohibits discrimination against people with disabilities; 11. Executive Order 11063 — Equal Opportunity in Housing; 12. Executive Order 11246 — Equal Employment Opportunity; and Page 45 of 60 181 182 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment G — Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th of every April, July, October and January. 3. A Contract and Subcontract Activity form, Form HUD -2516, currently available at https://www.hud.gov/sites/documents/DOC-36660; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR 5 200.343. Activities during this close-out period may include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200, should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment J, must be emailed to audit&deo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD -60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables, Project Detail Budget and Activity Work Plan. 8. All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. Page 47 of 60 183 DocuSign Envelope ID: CF6BCA00-58514FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment H — Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 C.F.R 200.302 titled "Financial Management'), Section 218.33, F.S., and include the following- 1. ollowing 1. Accurate, current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. 3. Effective control over and accountability for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles') and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR % 200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be rejected if there is a sound, documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall 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 would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 48 of 60 184 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment I — Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 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 DEO staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient 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 Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. 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 Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A Subrecipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non -state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of 750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient 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 Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, 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 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 49 of 60 185 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Subrecipient 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, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS NOTE: This pari 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), F.S., 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, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 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 Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR § 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient dir' ectly to each of the following- a. ollowing a. DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): Audit&deo.myflorida.com Department Economic Opportunity MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 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 (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 50 of 60 186 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 3t Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient dir' ectly to: Electronic copies (preferred): or Paper (hard copy): AuditCadeo.myfiorida.com Department Economic Opportunity MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. S Subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V. RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. Page 51 of 60 187 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Exhibit 1 to Attachment I — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: Federal Funds Obligated to Subrecipient: Catalog of Federal Domestic Assistance Title: Catalog of Federal Domestic Assistance Number: Project Description: This is not a research and development award. U.S. Department of Housing and Urban Development 571,611.00 Community Development Block Grants/State's Program and Non -Entitlement Grants in Hawaii 14.228 Funding is being provided for hardening the City of Boynton Beach's Fire Rescue Station No. 2, located at 2615 Woolbright Road. This 4 bay Fire Station was constructed in 2005 and built to the 2001 Building Code and 145 MPH wind load (3 second gust). The 10,619 square foot structure is classified IV (Essential Facilities) and has an exposure C. The walls are CBS and the roof is comprised of wooden trusses and covered with a barrel roof tile. Activities to mitigate wind damage consist of replacing the 8 overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors; installation of hurricane strapping to secure exterior HVAC equipment; removing rust and painting generator enclosure; and replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401- 290.048, F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR §§ 570.480 — 570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability (NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A Page 52 of 60 188 DocuSign Envelope ID: CF6BCA00-58514FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Matching Resources for Federal Programs: N/A Subject to Section 215.97, Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR § 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 53 of 60 189 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment J —Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myflotida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? Yes No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? Yes No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project -specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and DEO? Yes No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? Yes No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Tide of Authorized Representative Page 54 of 60 190 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 Attachment K — Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement Page 55 of 60 191 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards 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 affected 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 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'D. 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 Page 56 of 60 192 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 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). I) 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 - Procurement of Recovered Materials. I) See 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment. L) See 200.322 — Domestic Preferences for procurements. 78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] Page 57 of 60 193 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery (CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement's is made and entered into by and between the City of Boynton Beach, Florida (hereinafter referred to as "Subrecipient', and the State of Florida, Department of Economic Opportunity (hereinafter referred to as `DEO'). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds' under the DEO Community Development Block Grant -Mitigation Program (the "CDBG-MIT Program's administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency FEMA') or the Small Business Administration ("SBA') (singularly, a "Disaster Program" and collectively, the "Disaster Programs'D that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits (`DOB's as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as Proceeds," and any Proceeds that are a DOB shall be referred to herein as `DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB, the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent, giving depositions, providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 58 of 60 194 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds'). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received frill payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. turning. Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287,1001 and 31 U.S.C. 3729. Remainder of this page is intentionally left blank Page 59 of 60 195 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CITY OF BOYNTON BEACH, FLORIDA By By Signature Steven Grant Title Mayor DEPARTMENT OF ECONOMIC OPPORTUNITY Signature Meredith Ivey Title Chief of Staff Date Page 60 of 60 196 1 RESOLUTION NO. R22 -148 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIRST 5 AMENDMENT TO THE SUBRECIPIENT GRANT AGREEMENT FROM THE 6 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY OF 7 BOYNTON BEACH (COBB) FOR FIRE STATION #2 HARDENING PROJECT 8 AGREEMENT NUMBER I0124; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City of Boynton Beach has been awarded the amount of $571,611 12 in grant funding from the Department of Economic Opportunity (DEO) Community 13 Development Block Grant-Mitigation (CBDG-MIT) program to harden the City of Boynton 14 Beach's Fire Rescue Station #2 to mitigate wind damage to the facility; and 15 WHEREAS, the grant agreement was signed by the mayor on November 29th, 16 2021, which approved and authorized its execution; and 17 WHEREAS, the DEO has made a formal request to amend grant agreement#I0124 18 to replace the original address shown on the grant agreement and reflect their change in 19 address; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to approve and authorize the Mayor to sign a First Amendment to the 23 Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) and 24 the City of Boynton Beach (COBB) for Fire Station #2 Hardening Project. Agreement 25 Number I0124. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission approves and authorizes the Mayor to sign a 32 First Amendment to the Subrecipient Grant Agreement from the Department of Economic 33 Opportunity (DEO) and the City of Boynton Beach (COBB) for Fire Station #2 Hardening S:1CA\RESO\Agreements\Grants\First Amendment DEO Fire Station#2 -Reso.Docx 197 34 Project.Agreement Number I0124. A copy of the First Amendment is attached hereto and 35 incorporated herein as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 18th day of October, 2022. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 V 42 Mayor–Ty Penserga 43 t./ 44 Vice Mayor–Angela Cruz 45 LZ 46 Commissioner–Woodrow L. Hay 47 48 Commissioner–Thomas Turkin 49 V 50 Commissioner–Aimee Kelley 51 52 VOTE 5-0 53 54 55 Ec2 TT : 1. I.")1 .z .`/ 59 Mayle: D- esus, MPA MC T ` 4,4" 60 City C e Mayor / 61 9YNTON \ 62 o° F'.."4.'IAPPROVED TO,-PORM: 63 (Corporate Seal) i SEAL •='s w 64 i ;INCORPORATED; i 65 141 1920 Michael D. Cirullo,Jr. 66 1%, City AttorneyFLORIOP S:\CA1RESO\Agreements\Grants\First Amendment DEO Fire Station#2 -Reso.Docx 1 198 DocuSign Envelope ID:E840BCF9-EB3B-4798-8604-31B8206E76E4 DEO Agreement Number I0124 AMENDMENT ONE TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM(CDBG-MIT) SUBRECIPIENT AGREEMENT On Decem ber 8,2021,the State of Florida,Department of Economic Opportunity("DEO'),and the City of Boynton Beach ("Grantee") entered into Agreement I0124 ("Agreement"). DEO and the Subrecipient may individually be referred to herein as a"Party"or collectively as the"Parties". WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto;and WHEREAS,the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE,in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged,the Parties agree to the following: 1. Section 15,Citizen Complaints,is hereby deleted in its entirety and replaced with the following. 15) Citizen Complaints. The goal of DEO is to provide an opportunity to resolve citizen complaints in a timely manner,usually within fifteen(15)business days of the receipt of the complaint as expected by HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: a) Conducting investigations,as necessary; b) Finding a resolution;or c) Conducting follow-up actions. Program Appeals Applicants may appeal program decisions related to one of the following activities: a) A program eligibility determination; b) A program assistance award calculation;or c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at CDBG- DR( deo.myflorida.com or by mail to the following address: Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 420 Tallahassee,Florida 32399 HUD Complaints If the complainant is not satisfied by the Subrecipient's determination or DEO's response,then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has not been satisfied with the response at the conclusion of the complaint or appeals process,a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development(HUD)at Page 1 of 3 Date Revised 4/19/2022 199 DocuSign Envelope ID.E840BCF9-EB3B-4798-8604-31B8206E76E4 DEO Agreement Number:I0124 Department of Housing&Urban Development Charles E.Bennet Federal Building 400 West Bay Street,Suite 1015 Jacksonville,FL 32202 Fair Housing Complaints The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law(The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 2. All other terms and conditions remain in effect. Remainder Left Intentionally Blank Page 2 of 3 Date Revised 4/19/2022 200 DocuSign Envelope ID:E840BCF9-EB3B-4798-8604-31 B8206E76E4 DEO Agreement Number: I0124 IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of DEO Agreement Number I0124,as amended.This Amendment is effective on the date the last Party signs this Amendment. CITY OF BOYNTON BEACH DEPARTMENT OF ECONOMIC OPPORTUNITY SIGNED:SIGNED: j SERGA r MEREDITH IVEY MAYOR CHIEF OF STAFF DATE: DATE: 10A-3- 2022- Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 3 of 3 Date Revised 4/19/2022 201 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity,(hereinafter referred to as'DEO")and the City of Boynton Beach,Florida,hereinafter referred to as the"Subrecipient"(each individually a`Tarty"and collectively"the Parties"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS,pursuant to Public Law(P.L.) P.L.115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019(approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L.115-56,the"Continuing Appropriations Act,2018"; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees",84 FR 45838 August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development(hereinafter referred to as"HUD")has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974(HCDA) (42 United States Code (U.S.C.) § 5301 et seq.) and applicable implementing regulations at 24 C.F.R.part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement,the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will:(1)meet the definition of mitigation activities.For the purpose of this funding,mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters;(2)address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s); 3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 60 202 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 NOW THEREFORE,DEO and the Subrecipient agree to the following: 1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B,Project Budget,and Attachment C,Activity Work Plan,the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. 2) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants.Subrecipient is familiar with DEO's grant agreement with HUD,has reviewed applicable CDBG-MIT regulations and guidelines,will conduct,and will ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations,as now in effect and as may be amended from time to time,including but not limited to,the Federal laws and regulations set forth in 24 CFR Part 570,applicable Federal Register Notices,the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95,2 CFR Part 200,20 CFR Part 601, 24 CFR Part 570 subpart 1,et seq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. 3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement(the"Effective Date")and ends forty-eight(48)months after execution by DEO,unless otherwise terminated as set forth herein. 4) RENEWAL AND EXTENSION This Agreement shall not be renewed.DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development approves such extension in writing 5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement.DEO may accept or reject any proposed modification based on DEO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. 6) RECORDS a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipicnt's books,documents,papers and records,including electronic storage media,as Page 2 of 60 203 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph(7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6)years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at$1,000 or more at the time of acquisition shall be retained for six(6)years after final disposition. 3. Records relating to real property acquired shall be retained for six(6)years after the closing on the transfer of title. f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors,subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. g) The Subrecipient shall either(1) maintain all funds provided under this Agreement in a separate bank account or(ii)ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion,disallow costs made with commingled funds and require reimburserrient for such costs as described herein,Subparagraph(22)(e),Repayments. h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 7) AUDIT REQUIREMENTS a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. b) Within sixty(60) calendar days of the close of Subrecipient's fiscal year, on an annual basis,the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit@deo.mvflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Attachment J. The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, Page 3 of 60 204 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.)between DEO and the Subrecipient. c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant d)Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512,when such provisions arc applicable to this Agreement. 8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work,and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO,Subrecipient shall provide additional program updates or information.Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DEO's satisfaction. DEO may also take other action as stated in Paragraph(13)Remedies or otherwise allowable by law. 9) INSPECTIONS AND MONITORING a)Subrecipicnt shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations,and this Agreement. c)Without limiting the actions DEO,HUD, or their respective investigators may take, monitoring procedures will include at a minimum:(1)reviewing financial and performance reports required by DEO; 2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits,on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521. d) Corrective Actions:DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph(13)Remedies or otherwise allowable by law. 10)DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.)and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits.Subrecipient shall sign a Subrogation Agreement(See Attachment M). Page 4 of 60 205 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uwuoiyrl r=rrveiupti Iv:urbburkuu-O I-4I-Ur-tfbAU-11/byUty/LASH DEO Agreement No.:I0124 11) LIABILITY a) If Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant to Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes.Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions,which result in claims or suits against DEO.Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. 12) EVENTS OF DEFAULT If any of the following events occur("Events of Default"),DEO may,in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds,exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity,without limitation: a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar days from the date written notice is sent by DEO; c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete,or insufficient information or fails to submit additional information as requested by DEO; d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default,it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. e)Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that Page 5 of 60 206 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A vu uoiyn envewpe w:e,ronL,Auu-ooa t-41ur-tfoAU-AtODUty/ZA:iA DEO Agreement No.:10124 a delay could occur as a result or(2)within five(5)calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time,shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost,unless DEO determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to DEO or the State,in which case,DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation;(2)purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or(3)terminate the Agreement in whole or in part. 13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other tight or remedy available,provide thirty(30)calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies,either concurrently or consecutively: a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; c) Withhold or suspend payment of all or any part of a request for payment; d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the funds;and e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not predude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect,extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. Page 6 of 60 207 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocuign tnvetope lu:ut-uu Auu-6651-4FUF-86A0-A7590E972A3A DEO Agreement No.:I0124 14) DISPUTE RESOLUTION DEO shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one(21)days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. 15) CITIZEN COMPLAINTS The goal of DEO is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: a) A program eligibility determination, b) A program assistance award calculation,or c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at CDBG-DRO)deo.myflorida.com or submit by postal mail to the following address: Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 400 Tallahassee,Florida 32399 The subrecipient will handle citizen complaints by conducting: a) Investigations as necessary, b) Resolution,and c) Follow-up actions. If the complainant is not satisfied by Subrecipient's determination,then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEO at: Department of Economic Opportunity Caldwell Building,MSC-400 107 E Madison Street Tallahassee,FL 32399 The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file Page 7 of 60 208 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 a complaint of housing discrimination: 1-800-669-9777 (Toll Frce), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 16) TERMINATION a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice,from the date notice is sent by DEO. Cause includes,but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason,to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document,paper,letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate this Agreement. In the event of suspension or termination,Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However,if in the case of partial termination,DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made,DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made.Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. c)The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. d)In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law,withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. f) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either. 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. Page 8 of 60 209 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF68CA00-5851.4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 17) NOTICE AND CONTACT a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,first class or certified mail with return rcccipt requested,email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. b) The name and address of DEO's Grant Manager for this Agreement is: Paul Wotherspoon 107 E Madison St. Tallahassee,FLorida 32399 850-717-8502 Paul.Wotherspoon@deo.myflorida.com c) The name and address of the Local Government Project Contact for this Agreement is: Paola Mendoza P.O.Box 310 Boynton Beach,Florida 33425 561-742-6266 MendozaP@bbfl.us d) If different representatives or addresses are designated by either Party after execution of this Agreement,notice of the name,title and address of the new representative will be provided as provided for in this Agreement Such change shall not require a formal amendment of the Agreement. 18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEO grant manager for prior written approvaL For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor,as defined in Section 288.703,F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318-§200.327and§200.330 when procuring property and services under this Agreement(refer to Attachments D&E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: a)the period of performance or date of completion; b)the performance requirements; c) that the contractor is bound by the terms of this Agreement; d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; g) the requirements of 2 CFR Appendix II to Part 200— Contract Provision for Non-Federal Entity Contract Under Federal Awards—(refer to Attachment L) Page 9 of 60 210 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. 19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes all previous understandings.No waiver by DEO may be effective unless made is writing by an authorized DEO official. 20) ATTACHMENTS a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B—Project Budget(Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements Exhibit 1 to Attachment I—Funding Sources Attachment J—Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L-2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement 21) FUNDING/CONSIDERATION a) The funding for this Agreement shall not exceed Five Hundred Seventy-One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216,F.S.or the Florida Constitution. b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability NFA") through DEO's financial management information system. Each NFA may contain specific terms, conditions,assurances,restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA,Subrecipient agrees to comply with all terms, conditions,assurances,restrictions or other instructions listed in the NFA. c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures,processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance Page 10 of 60 211 DocuSign Envelope ID.CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. f) Except as set forth herein,or unless otherwise authorized in writing by DEO,costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the Federal Office of Management and Budget,the Florida Legislature, the State Chief Financial Officer or under Subparagraph(23),Mandated Conditions of this Agreement,all obligations on the part of DEC)to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty(30)calendar days from receipt of notice from DEO. h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules,or regulations. j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq.,(the"Stafford Act"). k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements,applicable waivers,and alternative requirements that apply to the use of these funds. 22) REPAYMENTS a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors,and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurrcd during the Agreement period. b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors,subcontractors or consultants are entitled under the terms and conditions of this Agreement. d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d);provided,however,the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty(30)calendar days from Subrecipient's receipt of notification of such non-compliance. f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount Page 11 of 60 212 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:10124 of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 23) MANDATED CONDITIONS a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement,in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly waive any right to jury trial. c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall he null and void only to the extent of the conflict or unenforceability,and that provision shall be severable from and shall not invalidate any other provision of this Agreement. d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement e) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. f) Subrecipient shall comply with all applicable local,state and federal laws,including the Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida Statutes;Title VII of the Civil Rights Act of 1964,as amended; (P.L. 101-336,42 U.S.C. § 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation,state and local government services and telecommunications. g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six(36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents Page 12 of 60 213 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. C1) In the event travel is pre-approved by DEO,any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR § 200.474. k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount. 1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law(Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. m) Subrecipient shall comply with section 519 of P.L 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act,1990;and section 906 of P.I.. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety(90)days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. n) Upon expiration or termination of this Agreement, Subrecipicnt shall transfer to DEO any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. 24) LOBBYING PROHIBITION a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any general loan,the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and submit Standard Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subredpients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed Page 13 of 60 214 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars 10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 25) COPYRIGHT,PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. a) If the Subrecipient has a pre-existing patent or copyright,Subrecipicnt shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrccipient to the State of Florida. c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists,and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. 26) LEGAL AUTHORIZATION a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrccipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. 27) PUBLIC RECORD RESPONSIBILITIES a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRe_quest[cvvdeo.mrflorida.com within one(1)business day from receipt of the request. b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public records,provide DEO 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 by Chapter 119,F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents,papers,letters or other materials made or received by the Subrecipient in conjunction with this Agreement,unless the Page 14 of 60 215 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 records are exempt from Article I,Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subredpient in conjunction with this Agreement, Subredpient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subredpient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. d) If, for purposes of this Agreement, Subredpient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subredpient-contractor"),the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination,of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that arc exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided to DEO,upon request from DEO's custodian of public records,in a format that is compatible with the information technology systems of DEO. e) If DEO does not possess a record requested through a public records request,DEO shall notify Subredpient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrccipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10,F.S. 1) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two(72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used,copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data subject's privacy. g) Subredpient acknowledges DEO is subject to the provisions of Chapter 119, F.S.,relating to public records and that reports,invoices and other documents Subredpient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119,F.S. h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subredpient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of this Agreement. Page 15 of 60 216 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequestaideo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DIA),and their officers,agents and employees, from suits, actions,damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees,partners,contractors or subcontractors,provided,however,Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO,in its sole discretion,has the right,but not the obligation,to enforce this indemnification provision. k) DEO does not endorse any Subrecipient,commodity,or service. Subject to Chapter 119,F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO,including,but not limited to,mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. 1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. 28) EMPLOYMENT ELIGIBILITY VERIFICATION a) Section 448.095,F.S.,requires the following. 1. Every public employer,contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, contractor,or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. 2. A private employer shall,after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. b) E-Verify is an Internet-based system that allows an employer,using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new Page 16 of 60 217 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851 4F0F-86A0-A7590E972A3A DEO Agreement No.:I0124 employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at haps://www.e-vcrify.goyl c) If the Recipient does not use E-Verify,the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. 29) PROGRAM INCOME a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR§570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200,24 CFR part 570.489,570.500,570.504 and the terms of this Agreement. b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. 30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives.The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: a) Benefit low and moderate income; b) Meet a particularly urgent need; c) Aid in the prevention or elimination of slums or blight. 31) INDEPENDENT CONTRACTOR a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship,partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied,on behalf of the other. b) Subrecipient,its officers,agents,employees,subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer,employee,agent, joint venturer,or partner of the State of Florida_ c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or Page 17 of 60 218 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 assignees are entitled to State retirement or State leave benefits,or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee,servant,joint venturer or partner of the State of Florida. e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support)to the Subrecipient or its subcontractor or assignee. 1) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay,sick leave, retirement benefits, social security,workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents,receive benefits and necessary insurance(health,workers'compensation, reemployment assistance benefits)from an employer other than the State of Florida. g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. h) DEO shall not he responsible the provision of any training to Subrecipient,its employees,assigns, agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in keeping with implementation Remainder of this page is intentionally left blank Page 18 of 60 219 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BO N BEACH, LORIDA DEPARTMENT OF ECONOMIC e IIby: By By ktif't,et & ktttl Signa e srapte92F445 . Steven Grant Meredith Ivey Title Mayor Title Chief of Staff Date 1 `2-1-2o21 Date 12/8/2021 Federal Tax ID# 59-6000395 DUNS# 072247133 FnRlws Approved as to form and legal sufficiency,subject only to full and proper execution by the Parties. CITY A1TpRN)rY OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY DocuSigned by: By tyUyd. Approved Date: 12/6/2021 Page 19 of 60 220 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 Attachment A—Project Description and Deliverables 1.PROGRAM DESCRIPTION:In April 2018,the U.S.Department of Housing and Urban Development HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive 633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register,Vol.84,No. 169. The Florida Department of Economic Opportunity(DEO)has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program 20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration 63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical facilities that serve a public safety purpose for local communities. Critical facilities include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters 2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT Community Development Block Grant — Mitigation) funding to harden the City of Boynton Beach's Fire Rescue Station No.2.Activities to mitigate wind damage include: A. Replacement of the eight (8) overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility, ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage,the doors shall comply with the high-impact wind load testing and design factors. B. Installation of hurricane strapping to secure exterior HVAC equipment, C. Removing rust and painting generator enclosure;and D. Replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. This project satisfies the Low-to-Moderate(LMI) National Objective as the area of benefit population has an LMI of 51.14%.The project is projected to begin November 1,2021 and be completed within 48 months after date of execution. The City will contribute $26,474.00 in-kind staff support for a total project cost of 598,085.00.The team overseeing the project includes the City Manager,Public Work Director,City Engineer, Fire marshal,Project Manager,Purchasing Manager,and selected contractor(s). Page 20 of 60 221 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.:I0124 3.SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval. The Staffing plan must include the following: 1. Organizational Chart;and 2. Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty(30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information,monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline(phone: 1-800-347-3735 or email hotline@hudoig.gov). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by DEO. E. Complete and submit an updated Project Detail Budget(Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program Guidelines,Action Plans,Action Plan amendments,and Federal,State,and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Complete procurement of all applicants for internal grants management and compliance and direct program and product production,including: 1. Selection of applicants,subrecipients and/or staff that will be responsible for managing applicant intake and related operations,compliance,finance,and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental review,title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes,DSO's Contract Manager will contact Subrecipient regarding Page 21 of 60 222 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A 4.0.101.1,011111...,, r ...... I VOW DEO Agreement No.:I0124 changes. Subrecipient is required to submit the updated contract within thirty(30) days. Should the contract not be submitted in a timely manner, Subrecipient will be requited to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation,provided by DEO,receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-MIT funds. K. Provide the following documentation to DEO within ten(10)calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten(10)calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten(10)calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes,there must be s submittal stating the names,job descriptions,on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. Issues or risks that have been faced with resolutions;and c. Projected activities to be completed within the following quarter. N. Subrccipient shall adhere to the deadlines for the project as agreed upon in the Attachment C—Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date,Subrecipient shall request an extension of such deadline from DEO in writing at least thirty(30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be no later than sixty(60)calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No.1—Engineering and Design Tasks that are eligible for reimbursement are as follows: Architectural and Structural construction documents including drawings and specifications such as shop drawings,submittals,reviews for roof replacement,light pole installation and HVAC tie down strapping. B. Deliverable No.2—Construction Tasks that are eligible for reimbursement are as follows: 1. Removal of existing eight (8) roll-down bay doors and replacement with eight (8) overhead doors meeting American Society of Civil Engineer (ASCE) Standards 07-10 and American National Standards Institute / Door and Access Systems Manufacturing Association ANST/DASMA) 108 and DASMA Technical Sheet 115. 2. Replace tie down strapping for the current HVAC equipment with strapping of like dimension to the concrete slap. 3. Refurbish existing generator housing through removal of rust and repainting. Page 22 of 60 223 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A Uocuslgn tnvelope IL):(.3htft3(:AUU-5tS51.4t•UF-1tBAU-A759Ut972A3A DEO Agreement No.:10124 4. Remove and replace existing light poles and replace with code compliant poles and foundations of like dimension. Supporting activities shall include: 1. Maintain financial records related to project activities; 2. Maintain project files; 3. Attend meetings to provide progress reports on subgrant activities; 4. Prepare documentation for and attend monitoring visits by DEO; 5. Prepare requests for funds for submission; 6. Prepare subgrant modification documents; 7. Prepare administrative closeout report; among other required activities to implement the project. 5.DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DEO's sole and absolute discretion,and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1-Engineering and Design Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.A of this reimbursement upon completion Level of Service as specified shall Scope of Work. of the tasks listed in Section 4.A result in non-payment for this of this Scope of Work as deliverable for each payment evidenced by submittal of the request. following documentation: 1) Copies of design drawings and specifications;and 2)Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 1 Cost-$32,383.00 Deliverable No.2-Construction Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.B.1 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one(1)of the result in non-payment for this tasks listed in Section 4.B.1 of this deliverable for each payment I Scope of Work as evidenced by request. Page 23 of 60 224 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocuagn tnveiope su:uront.,Nuu- I rur-tseAu-AioautafLP A DEO Agreement No.:I0124 submittal of the following documentation: 1)AIA form G702 or similar accepted DEO form completed by the contractor; 2)Photographs of completed installation;and 3)Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient shall complete eligible Subrecipient may request — Failure to complete the Minimum tasks as detailed in Section 4.B.2 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one(1) of the result in non-payment for this tasks listed in Section 4.B.2 of this deliverable for each payment Scope of Work as evidenced by request. submittal of the following documentation: 1)AIA form G702 or similar accepted DEO form completed by the contractor; 2)Photographs of completed installation;and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.B.3 of this reimbursement upon completion Level of Service as specified shall Scope of Work of a minimum of one(1)of the result in non-payment for this tasks listed in Section 4.B.3 of this deliverable for each payment Scope of Work as evidenced by request submittal of the following documentation: 1)AIA form G702 or similar accepted DEO form completed by the contractor; 2)Photographs of completed installation;and 3)Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.B.4 of this ! reimbursement upon completion Level of Service as specified shall Scope of Work. j of a minimum of one(1)of the result in non-payment for this tasks listed in Section 4.B.4 of this deliverable for each payment Scope of Work as evidenced by request submittal of the following documentation: Page 24 of 60 225 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uuuuaiyii crivelupe IL).t,roei,rwv-uou I .rur-oonv-/+,oavtaI P,.P DEO Agreement No.:I0124 1)AIA form G702 or similar accepted DEO form completed by the contractor; 2)Photographs of completed installation;and 3)Invoice package in accordance with Section 7.of this Scope of Work. Deliverable 2 Cost-$539,228.00 TOTAL PROJECT COST NOT TO EXCEED$571,611.00 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10%of each deliverable total funding amount. Changes that exceed 10%of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless,in no event shall DEO reimburse costs of more than the total amount of this Agreement. 7.INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s.215.971(1),F.S.and Section 21 of this Agreement,Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures https:/iwww.mytloridacfo.com/Division/AA/Manuals/documents/Reference Guide forState Expenditures.pd1). A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES,of this Attachment A;(3) have been paid; and (4)were incurred during this Agreement. 2. Subrecipient's invoices shall include the date,period in which work was performed, amount of reimbursement,and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703,or their substantive equivalents,certifying that the project,or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 226 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0F-86A0-A7590E972A3A DEO Agreement No.:I0124 C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Management Reporting Application(SERA).Further instruction on SERA invoicing and reporting,along with a copy of the invoice template,will be provided upon execution of the Agreement. Remainder of this page is intentionally left blank Page 26 of 60 227 0 DocuSign Envelope ID: CF6BCA00- 5851- 4F0E- 86A0- A7590E972A3A o0 c c DEO Agreement No.: IOl 24 m Attachment B- Project Budget( Example) g 0 Subrecipient: Contract Modification m Number: Number: q Activity/ Project National Objective Beneficiaries Budget 0W D Activity Description LMJ Slum Urgent Vi LI MI Non- Total CMIIT Other Source Total 9 Blight Need LMI Amount Funds * Funds CO g 1 1. Housing Program- Homeowner n Service Project ( Example Activities) 60m rn Home Repair o Reconstruction 1CT Replacement of I CD Manufactured Homes D C..) Temporary Rental and 1 Mortgage Assistance Buyout/ Acquisition for Redevelopment 2. Housing Program- Supportive Housing Initiative PUD Rental Housing Project ( Example Activities) 3. Public Facilities Program- Unified 1 1 Service Center ( Example Activities)4. Infrastructure Program Example Activities)Armstrong Drainage Project Hastings Phase I Sewer Hastings Phase II Sewer Page 27 of 60 228 C DocuSign Envelope ID: CF6BCA00- 5851- 4F0E- 86A0- A7590E972A3A DEO Agreement No.: I0124 Oyster Creek Basin Improvements 0 Orange Street Drainage n Avenue D Drainage W St. Augustine- Lake Maria Sanchez HMGP Match v,00 Drainage St Augustine Blvd& A Cypress Rd Drainage ao 5. Administration 0 6. Planning CD Totals: Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other agencies and program income. Source of Other Funds Amount 1.2.3.4. Page 28 of 60 229 v DocuSIgn Envelope ID: CF6BCA00- 5851- 4F0E- 86A0- A7590E972A3A DEO Agreement No.: I0124 I Attachment C— Activity Work Plan( Example) o 0 v m Subrecipient Activity: Project Budget 11 Contract Number. Date Prepared: Modification Number. n 0 9 CoCri Start End Describe CDBG- Estimated m Date Date Proposed Associated Local/ Matc o month ( month Action Activity Description Deliverable Task MIT h Funding Funds by year) / year) Co Funding End Date Co Co 0 0 m 0 D Ca D 1 I I 1 Page 29 of 60 230 DocuSign Envelope ID:CF6BCA00-5851-4FOF-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4FOF-86A0-A7590E972A3A DEO Agreement No.: I0124 Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrccipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that-will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State,Federal or local procurement guidelines.The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed$5000, the Subrccipicnt shall complete the following: a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrccipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract,the local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS" 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C.§§4601-4655;hereinafter,the"URA"),implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR§570.606(6),the requirements of 24 CFR§42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974(42 U.S.C. § 5304(d)), and the requirements in 24 CFR§570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her tights under the URA,an invitation to accompany the appraiser,all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights(for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 30 of 60 231 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD,and applicable,regulations and guidance laws,specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report(Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable);and d. Section 3 Participation Report(Construction Subcontractor), (if applicable). 8. In addition,each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. 9. For each Request for Funds(RFP)that includes reimbursement of construction costs,the Subrecipient shall provide a copy of the American institute of Architects (MA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer,and a copy of form G703, Continuation Sheet,or a comparable form approved by DEO. For each RFF that includes construction costs,the Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable,signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project,when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond(100 percent of the contract price);and c. The contractor's payment bond(100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR§570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966,as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for Rehabilitation,codified at 36 CFR 67,and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(6),Public Law 101-235,42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty(30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application or in the planning,development or implementation of the project or CDBG-MIT-funded activity;and Page 31 of 60 232 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(0. Title 24 CFR§ 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(8),such as those relating to the acquisition or disposition of real property;CDBG-MIT financial assistance to beneficiaries,businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with,and this Agreement is subject to,Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair.Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subredpient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design,as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 32 of 60 233 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: 70124 Attachment E—State and Federal Statutes,Regulations,and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the Subrccipicnt and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to,and,by signing this Agreement,certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement.These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday,January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrccipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement,regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitorini a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in§200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and conditions of this agreement. This review must include: 1) Reviewing financial and performance reports required by DEO; 2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews,and other means;and 3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 33 of 60 234 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocubogn tnvetope lu: bblAUU-au1-4rur-tsbAU-AfbilUEa/ZA A DEO Agreement No.: I0124 c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2).DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits,on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug-Free Workplace Subrccipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government-wide implementation (2 CFR part 182)of sections 5152-5158 of the Drug-Free Workplace Act of 1988 Pub.L. 100-690,Title V,Subtitle D;41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement,its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit ht tps://www.sam,gov!SAM! 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR 570.2000).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold,the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.200(j) and 24 CFR 570.4890),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 6. Federal Funding Accountability and Transparency Act iFFATA', The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM).The Subrecipient must have an active registration in SAM, hitps://www.sam.gov%SAM/ in accordance with 2 CFR part 25,appendix A,and must have a Data Universal Numbering System(DUNS) number https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Property Acquisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606. Page 34 of 60 235 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocuNgn tnveiope iu:uu-0651-4rur-abAu-Af*UU ('LASH DEO Agreement No.: I0124 In addition to other URA requirements,these regulations(49 CFR§24.403(d))implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 USC § 5181,which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974(Title I) (42 U.S.C.5309).Section 109 provides that no person in the United States shall,on the ground of race,color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973(29 U.S.C.794)(Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds.Thus,the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed,constructed,or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed,constructed or altered with funds allocated or reallocated under this part after December 11,1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968(42 U.S.C.4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures,and appendix A to 41 CFR part 101-19,subpart 101-19.6,for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications.It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that arc readily accessible to and usable by individuals with disabilities.Further,the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964(24 CFR part 1) 1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352),as amended. No person in the United States shall,on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1,or because he has made a complaint,testified,assisted or participated in any manner in an investigation,proceeding or hearing under 24 CFR part 1.The identity of complainants shall Page 35 of 60 236 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. 2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing,accommodations,facilities,services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. Jf the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property,structures or improvements thereon,or interests therein,acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real property,structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over,or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action 1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and implementing regulations at 42 CFR 60. DE() shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. 2) Women-and Minority-Owned Businesses(W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. 3) Notifications The Subrecipient 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 worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) Equal Employment Opportunity and Affirmative Action(EEO/AA)Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient,state that it is an Equal Opportunity or Affirmative Action employer. Page 36 of 60 237 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 9. Labor and Employment Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act,as amended (40 U.S.C.3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low-Income Person Definition A low-income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for smaller and larger families,except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families;or(ii)A very low- income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C.1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). 1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701u(Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low- income persons,particularly persons who are recipients of HUD assistance for housing. 2) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can sec the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. 3) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the Page 37 of 60 238 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A VVVVViy.I SIL-1,01,S.,•-•....1,1 1V!\V'!\I JJVI.J f Ll1JI'1 DEO Agreement No.: I0124 contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in. 24 CFR part 135. 4) The contractor will certify that any vacant employment positions,including training positions,that are filled 1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 5) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 6) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,and (n) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). c. Thresholds A. Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30(Numerical goals for meeting the greatest extent feasible requirement.) B. Recipients of Section 3 covered community development assistance, and their contractors and subcontractors(unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: 1. 10 percent of the aggregate number of new hires for the one-year period beginning in FY 1995; 2. 20 percent of the aggregate number of new hires for the one-year period beginning in FY 1996; and 3. 30 percent of the aggregate number of new hires for the one-year period beginning in FY 1997 and continuing thereafter. C. Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor(unless the contract or subcontract awards do not meet threshold specified in Section 135.3(a)(3))may demonstrate compliance with the requirements of this part by committing to award to Section 3 business concerns: 1. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction;and 2. At least three(3)percent of the total dollar amount of all other Section 3 covered contracts. 11. Conduct a. Hatch Act The Subrecipicnt shall comply with the Hatch Act,5 USC 1501 —1508,and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DEO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbying Certification Page 38 of 60 239 DocuSign Envelope ID.CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CI-513CA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 The Subrecipient hereby certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement and the extension,continuation,renewal,amendment or modification of any Federal contract,grant,loan,or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-I.LL,`Disclosure Form to Report Lobbying,"in accordance with its instructions; 3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants,loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly;and 4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is required by section 1352, title 31,U.S.C.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000,such as worship,religious instruction,or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under any Department program,or any intermediate organization with the same duties as a governmental entity,from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction,or proselytization,as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non-religious organizations. c. Environmental Conditions 1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g)of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58)and is not delegated DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by any participant in the development process before completion of the environmental review.A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. 2) Air and Water The_Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: a) Air quality. (1)The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended;particularly section 176(c) and d) (42 U.S.C. 7506(c)and(d));and (2)Determining Conformity of Federal Actions to State or Federal Implementation Plans(Environmental Protection Agency-40 CFR parts 6,51,and 93);and b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seg., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. Page 39 of 60 240 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocusign tnvelope lu:l;rbtit:AUU-atlb1-4rur-titiAU-AI5YUta1LAJA DEO Agreement No.: I0124 c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards,orders or regulations issued under the Clean Air Act,as amended,42 U.S.C. 7401, Section 508 of the Clean Water Act,as amended,33 U.S.C. 1368,et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act,Pub.L.94-163. 3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended,(42 U.S.C.5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance,to a person for repair,replacement or restoration for damage to any personal,residential,or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. 4) Lead-Based Paint The Subrecipient shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35,subparts A,B,J,K,and R of this title. 5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National I listoric Preservation Act of 1966,as amended,codified in title 54 of the United States Code,and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State,or local historic property list. 6) Additional Regulations a) The Temporary Assistance for Needy Families Program (`TANF"), 45 CFR Parts 260-265, the Social Services Block Grant("SSBG'),42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq.,which prohibits discrimination on the basis of sex in educational programs. c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. d) The Pro-Children Act:Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C.6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law(Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health,day care,early childhood development, education or library services on a routine or regular basis,to children up to age 18. e) Public Announcements and Advertising:When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall dearly state (1) the percentage of the total costs of the program or project which will be financed with federal money,(2)the dollar amount of federal funds for the project Page 40 of 60 241 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 or program,and (3)percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable,all equipment and products purchased with funds made available under this Agreement will be American-made. g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L.111-117),which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries. The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub.L. 111-242),provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub.L. 111-117. h) Contract Work Hours and Safety Standards Act(40 U.S.C.§327-333)—If this Contract involves federal funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333),as supplemented by Department of Labor regulations (29 CFR Part 5)is required. Under section 102 of the Act,each contractor shall 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 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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 artides ordinarily available on the open market, or contracts for transportation or transmission of intelligence. i) Resource Conservation and Recovery Act(RCRA). Under RCRA(Pub.L.94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recyded products pursuant to the EPA guidelines. l) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986,which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements,the State may impose any of the additional conditions and/or requirements outlined in 2 CFR§200.207. Page 41 of 60 242 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds,each Subrecipient must certify that it will"affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes(race,color,familial status,handicap,national origin,religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters;and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following. 1. Making fair housing presentations at schools,civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries,health fairs,community events,yard sales and church festivals;and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity;however,mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles,sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 42 of 60 243 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Equal Employment Opportunity As a condition for the receipt of CDBG-MTT funds, each Subrecipient must certify that it and the contractors, subcontractors,subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity(EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring,promotion,discharge,pay,fringe benefits,job training,classification,referral and other aspects of employment,on the basis of race,color,religion,sex,national origin,disability,age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/W13E list at the following website: https;//osd.dms.m,vtlorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b)into any contracts or subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act(ADA) As a condition for the receipt of CDBG-MIT funds,the Subrecipient must certify that it provides access to all federally funded activities to all individuals,regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 43 of 60 244 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs,services or other benefits, 2. Deny access to programs,services,benefits or opportunities to participate as a result of physical barriers,or 3. Deny employment opportunities,including hiring,promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III,28 CFR part 36) prohibit discrimination on the basis of disability in employment,State and local government,public accommodations,commercial facilities,transportation,and telecommunications.To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding.Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs,services and activities (e.g. public education, employment,transportation, recreation,health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. 'Transportation services provided by private entities are also covered by Title III. Section 3-Economic Opportunities for Low-and Very Low-Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-MIT-funded projects. The number of low-and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 CFR§ 135.38 is required to be included in CDBG-MIT-funded contracts of$100,000 or more. Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.§ 1701u(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons,particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or Page 44 of 60 245 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4F0F-86A0-A7590E972A3A DEO Agreement No.: I0124 workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C. §450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the followingFederallawsandregulations: 1. Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal funding; 2. Tide VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion,sex or national origin; 3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988); 4. 24 CFR§ 570.487(6)—Affirmatively Furthering Fair Housing; 5. 24 CFR§570.490(b)—Unit of general local government's record; 6. 24 CFR§570.606(6)—Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG-MIT funds because of race,color,religion,sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity;and Page 45 of 60 246 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 13. Section 3 of the Housing and Urban Development Act of 1968,as amended—Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that the City of Boynton Beach.Florida.shall comply with all of the provisions and Federal regulations listed in this Attachment F. By: eir---44;;;Date: 12021DD.1 Name: Sit n .leG(14 APPROVED • TO FO Tide: Mal O k CTY ATTORNEY Remainder of this page is intentionally left blank Page 46 of 60 247 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten(10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th of every April,July,October and January. 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate"no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out period may include,but are not limited to:making final payments,disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds(including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subredpient did not meet the audit threshold,an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subredpient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to auditla deo.m,florida.com within sixty(60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD-60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables,Project Detail Budget and Activity Work Plan. 8.All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. Page 47 of 60 248 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200(and particularly 2 C.F.R 200.302 titled"Financial Management"),Section 218.33,F.S.,and include the following: 1. Accurate,current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200(and particularly 2 CFR 200 Subpart E titled"Costs Principles") and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work,invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee,officer or agent shall 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 would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers,employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR§200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site at all reasonable times for business. "Reasonable"shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 48 of 60 249 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DocuSign Envelope ID:CF6BCA00-5851.4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Attachment I-Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 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 DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient 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 Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR§200.90,§200.64,and§200.70. 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO.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 Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F -Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2),F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of 750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient 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 Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, 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 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 49 of 60 250 DocuSign Envelope ID CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocusign tnvelope IL):ehtit3GA00-58514F0E-56A0-A7590E972A3A DEO Agreement No.: I0124 package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required.If the Subrecipient 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,F.S.,the cost of the audit must be paid from the nonstate entity's resources (ie., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS NOTE:This part would be used to specii any additional audit requirements imposed by the State awarding entity that are solea'a matter of that State awarding entity's policy(ie.,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),F.S., 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, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 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 Subrecipient directly to the Federal Audit Clearinghouse (FAC)as provided in 2 CFR§200.36 and§200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package.Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: a. DEO at each of the following addresses: Electronic copies(preferred): or Paper(hard copy): Audit(ci;deo.mytlorida.com Department Economic Opportunity MSC#75,Caldwell Building 107 East Madison Street Tallahassee,FL 32399-4126 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(https://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. Page 50 of 60 251 DocuSign Envelope ID.CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocusign tnvelope IU: bUUAUU-5tiO1-4F-Uh-tfbAU-A( iUt9( iA DEO Agreement No.: I0124 Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies(preferred): or Paper(hard copy): Audit( deo.tnvtlorida.com Department Economic Opportunity MSC#75,Caldwell Building 107 East Madison Street Tallahassee,FL.32399-4126 4 Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200,Subpart F-Audit Requirements,or Chapters 10.550(local governmental entities) and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued,or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO,or its designee,CFO,or Auditor General access to such records upon request.The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six(6) years from the date the audit report is issued,unless extended in writing by DEO. In addition,if any litigation,claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. Page 51 of 60 252 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocuaign tnveiope iu:urbesuAuu-wsol-4rur-osoHu-r+(aautai[A3A DEO Agreement No.: 10124 Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency:U.S.Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: 571,611.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 Funding is being provided for hardening the City of Boynton Beach's Fire Rescue Station No.2,located at 2615 Woolbright Road.This 4 bay Fire Station was constructed in 2005 and built to the 2001 Building Code and 145 MPH wind load(3 second gust). The 10,619 square foot structure is classified IV(Essential Facilities) and has an exposure C. The walls are CBS and the roof is comprised of wooden trusses and covered with a barrel roof tile. Activities to mitigate wind damage consist of replacing the Project Description:8 overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s)in this critical facility ensuring rescue equipment is functional This is not a research and development award. following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage,the doors shall comply with the high-impact wind load testing and design factors;installation of hurricane strapping to secure exterior HVAC equipment; removing rust and painting generator enclosure;and replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipicnt shall perform its obligations in accordance with 24 CFR§§570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and(3),F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A Page 52 of 60 253 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocurtgn envelope lu:l:rbtlliHUu-ats1-41-11r-8oMu-A/aauta/ZAJA DEO Agreement No.: I0124 Matching Resources for Federal Programs:N/A Subject to Section 215.97,Florida Statutes:N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR§200.331 and Section 215.97(5),F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 53 of 60 254 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A uocuslgn tnveiope lu:larbtx;Nuu-Sao1-aroyuta/ZAJA DEO Agreement No.: 10124 Attachment J—Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myforida.com. Subrecipient: FEIN: Subrecipicnt's Fiscal Year: Contact Name:1 Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance,during its fiscal year that it received under any agreement(e.g.,contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement,etc.)between the Subrecipient and the Department of Economic Opportunity (DEO)? Yes No If the above answer is yes,answer the following before proceeding to item 2. Did the Subrecipient expend$750,000 or more of state financial assistance(from DEO and all other sources of state financial assistance combined)during its fiscal year? Yes No If yes,the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97,Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement e.g.,contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement,etc.)between the Subrecipient and DEO? Yes No If the above answer is yes,also answer the following before proceeding to execution of this certification: Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of federal awards combined)during its fiscal year? Yes No If yes,the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 CFR part 200,subpart F,as revised. By signing below,I certify,on behalf of the Subrecipient,that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 54 of 60 255 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: 10124 Attachment K—Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement Page 55 of 60 256 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A IJUUU. Iyll CIIveiupe IV.t.rvol'/Yuu-OOC)IWrur-ooMv-M/OJVCY/CMJM DEO Agreement No.: I0124 Attachment L 2 CFR Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 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 affected 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 CPR 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 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 Page 56 of 60 257 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 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 lithe 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 govemmentwide 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. 0)See 200.323-Procurement of Recovered Materials. K) See 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment. L)See 200.322—Domestic Preferences for procurements. 78 FR 78608,Dec.26,2013,as amended at 79 FR 75888,Dec. 19,2014;85 FR 49577,Aug. 13,2020] Page 57 of 60 258 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: 10124 Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement("Agreement")is made and entered into by and between the City of Boynton Beach,Florida(hereinafter referred to as "Subrecipient"),and the State of Florida,Department of Economic Opportunity(hereinafter referred to as"DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community Development Block Grant-Mitigation Program (the "CDBG-MIT Program") administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency FEMA") or the Small Business Administration ("SBA") (singularly,a "Disaster Program" and collectively, the 'Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB")as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as Proceeds,"and any Proceeds that are a DOB shall be referred to herein as'DOB Proceeds." Upon receiving any Proceeds,Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB.If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subredpient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s)and providing any additional documentation with respect to such consent,giving depositions,providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO,Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG.?vHT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder,and to take,or cause to be taken,all actions and to do,or cause to be done,all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 58 of 60 259 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient(or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds,Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds,any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds,any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds,and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient;and(13) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient,and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning:Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C.3729. Remainder of this page is intentionally left blank Page 59 of 60 260 DocuSign Envelope ID:CF6BCA00-5851-4F0E-86A0-A7590E972A3A DEO Agreement No.: I0124 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. 7_ CITY OF BOYNTON BEAC ,FLORIDA DEPARTMENT OF ECONOMIC OPPOJ 'bY: AttilBy c--------- By vt!t Signature gnat Sre VL I'44J Steven Grant Meredith Ivey Title Mayor Title Chief of Staff Date I 'oaq -- .0a I Date 12/8/2021 APPROVED, TO 14 A._.,4/ 7. Chir ATTORNE Page 60 of 60 261 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-054- Approving Revised Exhibit A of the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for Construction and Professional Services Funding for the Demolition of the Structure Located at 480 W. Boynton Beach Blvd. Proposed Resolution No. R26-055- Approving a Budget Amendment for fiscal year 2025-2026, amending the Capital Improvement Fund in the Amount of $33,248. Requested Action: Staff recommends approval of Proposed Resolution No. R26-054 and Resolution No. R26-055. Explanation of Request: The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) entered into an Interlocal Agreement to provide CRA funding for construction and professional services associated with projects located within the CRA District. The agreement outlines the responsibilities of both parties and allows mutual consent to update Exhibit A when project funding adjustments are necessary. Additional costs of $33,248 were incurred during the demolition of the structure located at 480 W. Boynton Beach Boulevard, primarily due to additional trucking and disposal fees not included in the original estimate. These additional resources were approved by the CRA Board at its meeting on March 9, 2026, increasing the total project cost from $623,500 to $656,748. Approval of this item will revise Exhibit A of the Interlocal Agreement and authorize a budget amendment to recognize the additional CRA reimbursement funding. Budgeted Item: Yes Account Line Item and Description: 302-0000-369.22-00 / CRA REIMBURSEMENT 302-4199-580.49-17 / OTHER CONTRACTUAL SRVS / GG2604 Fiscal Impact: By approving this amendment and updated ILA exhibit the City will be able to obtain 100% reimbursement of the costs to demolish the Inn at Boynton. Attachments: R26-054 Agenda_Item_4386- 2026_Resolution_for_CRA_Construction_and_Professional_Services_Funding_Revised_Exhibit_A.docx Exhibit A to Resolution - Revised Exhibit A 262 Agenda Item 4386-2026 Resolution for Budget Amendment.docx Exhibit A to Budget Reso - Budget Amendment R23-161 Master ILA R25-305 Master ILA Exhibit A (Current approved version) 263 RESOLUTION NO. R26-054 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE ADOPTION OF AMENDED EXHIBIT 2 A TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON 3 BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 4 AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL 5 SERVICES; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City of Boynton Beach, Florida (“City”) and the City of Boynton Beach 8 Community Redevelopment Agency (“CRA”) entered into an Interlocal Agreement for Funding 9 Construction and Professional Services, approved by Resolution No. R23-161 on November 7, 10 2023; and 11 WHEREAS, additional costs in the amount of $33,248 were incurred during the demolition 12 of the structure located at 480 W. Boynton Beach Boulevard, primarily related to additional 13 trucking and disposal fees not identified in the original estimate. These additional resources were 14 approved by the CRA Board at its meeting on March 9, 2026, increasing the total project cost from 15 $623,500 to $656,748; and 16 WHEREAS, pursuant to section 4 of the Interlocal Agreement, Exhibit A to the Interlocal 17 Agreement may be updated at any time by the mutual consent of both parties and shall be 18 updated at least annually in a form mutually consented to by both parties. At such time as each 19 party adopts an identical Exhibit A in a duly noticed public meeting, the Agreement shall be 20 deemed amended such that the most recently adopted Exhibit A replaces the prior version of 21 Exhibit A of the Agreement without further action by the parties; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City’s citizens and residents to approve the updated Exhibit A to the Interlocal 24 Agreement for Funding Construction and Professional Services with the City of Boynton Beach 25 Community Redevelopment Agency. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT: 29 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 264 RESOLUTION NO. R26-054 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve the updated Exhibit A to the Interlocal Agreement for Funding Construction and 33 Professional Services with the City of Boynton Beach Community Redevelopment Agency, in form 34 and substance similar to that attached as Exhibit A. 35 SECTION 3. The Interlocal Agreement with the updated Exhibit A shall be retained by 36 the City Clerk as a public record of the City. A copy of the Interlocal Agreement with the updated 37 Exhibit A shall be provided to the CRA. 38 SECTION 4. This Resolution shall take effect in accordance with the law. 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 265 RESOLUTION NO. R26-054 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice-Mayor – Thomas Turkin _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Mack McCray _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Tammy Stanzione, CMC Rebecca Shelton 59 Interim City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 266 REVISED EXHIBIT "A" Fiscal Year 2025-2026 Projects City Project # Project Name BBCRA Funding 1 MLK Jr. Boulevard Streetscape Improvements Design & Construction $800,000 2 Federal Highway Streetscape $450,000 3 Pence Park Design, Permit & Construction $4,400,000 4 Harvey Oyer Park Pier Design & Permit $450,000 5 Senior Center Design $100,000 6 Jaycee Park Master Design $550,000 7 Centennial Park Improvement Design & Construction $750,000 8 Cottage District Road Improvement Design $200,000 9 Ocean Avenue Bridge Lighting $100,000 10 Federal Highway Crosswalk $600,000 11 4th Street Streetscape Improvement $250,000 12 Historic Woman’s Club of Boynton Beach $500,000 13 Entry Feature Signage $50,000 14 Town Square Hardening (Bollards) $200,000 15 Inn at Boynton Demolition $656,748 16 Neighborhood Security Gate $50,000 FY2025-2026 Total $10,106,748 267 RESOLUTION NO. R26- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A BUDGET AMENDMENT FOR FISCAL 2 YEAR 2025-2026 AMENDING THE CAPITAL IMPROVEMENT FUND IN 3 THE AMOUNT OF $33,248 FOR THE INN AT BOYNTON DEMOLITION 4 PROJECT; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the Fiscal Year 2025-2026 Budget was adopted by the City Commission by 7 Resolution No. R25-245 on September 18, 2025; and 8 WHEREAS, staff is requesting Commission approval to amend the Fiscal Year 2025-2026 9 budget as noted specifically on Exhibit A; and 10 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 11 best interests of the City's citizens and residents to approve a Budget Amendment for Fiscal Year 12 2025-2026, amending the Capital Improvement Fund in the Amount of $33,248 for the Inn at 13 Boynton Demolition project. 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 Budget Amendment for Fiscal Year 2025-2026, amending the Capital Improvement 21 Fund in the Amount of $33,248 for the Inn at Boynton Demolition project, as further detailed in 22 Exhibit A, attached hereto. 23 SECTION 3. This Resolution shall take effect in accordance with the law. 24 [SIGNATURES ON THE FOLLOWING PAGE] 25 26 268 RESOLUTION NO. R26- PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 27 CITY OF BOYNTON BEACH, FLORIDA 28 YES NO 29 Mayor – Rebecca Shelton _____ _____ 30 31 Vice-Mayor – Thomas Turkin _____ _____ 32 33 Commissioner – Angela Cruz _____ _____ 34 35 Commissioner – Mack McCray _____ _____ 36 37 Commissioner – Aimee Kelley _____ _____ 38 39 VOTE ______ 40 ATTEST: 41 42 _____________________________ ______________________________ 43 Tammy Stanzione, CMC Rebecca Shelton 44 Interim City Clerk Mayor 45 46 APPROVED AS TO FORM: 47 (Corporate Seal) 48 49 _______________________________ 50 Shawna G. Lamb 51 City Attorney 52 269 2025/26 2025/26 AMENDMENT APPROVED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT # Project Name / Comments/ Vendor CAPITAL IMPROVEMENT FUND 302-0000-369.22-00 CRA REIMBURSEMENT 17,459,710$ 33,248$ 17,492,958$ Adopted Fund Total Revenues 45,426,434$ 33,248$ 45,459,682$ 302-4199-580.49-17 OTHER CONTRACTUAL SRVS 673,500$ 33,248$ 706,748$ GG2604 Inn at Boynton Adopted Fund Total Expense 45,426,434$ 33,248$ 45,459,682$ CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 04/07/2026 Amendment 270 271 272 273 274 275 276 277 278 279 280 281 RESOLUTION NO. R25-305 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE ADOPTION OF AMENDED EXHIBIT 3 A TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON 4 BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 5 AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL 6 SERVICES; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the City of Boynton Beach, Florida ("City") and the City of Boynton Beach 10 Community Redevelopment Agency ("CRA") entered into an Interlocal Agreement for Funding 11 Construction and Professional Services, approved by Resolution No. R23-161 on November 7, 12 2023; and 13 WHEREAS, during the budget planning process for Fiscal Year 2025-2026, City and CRA 14 staff collaborated on an updated project list, which the CRA Board reviewed and approved at its 15 November 10, 2025, Board meeting; and 16 WHEREAS, pursuant to section 4 of the Interlocal Agreement, Exhibit A to the Interlocal 17 Agreement may be updated at any time by the mutual consent of both parties and shall be is updated at least annually in form mutually consented to by both parties. At such time as each 19 party adopts an identical Exhibit A in a duly noticed public meeting, the Agreement shall be 20 deemed amended such that the most recently adopted Exhibit A replaces the prior version of 21 Exhibit A of the Agreement without further action by the parties; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the city's citizens and residents to approve the updated Exhibit A to the Interlocal 24 Agreement for Funding Construction and Professional Services with the City of Boynton Beach 25 Community Redevelopment Agency. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT: 29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 282 RESOLUTION NO. R25-305 32 approve the updated Exhibit A to the Interlocal Agreement for Funding Construction and 33 Professional Services with the City of Boynton Beach Community Redevelopment Agency, in form 34 and substance similar to that attached as "Exhibit A." 35 SECTION 3. The Interlocal Agreement with the updated Exhibit A shall be retained by 36 the City Clerk as a public record of the City. A copy of the Interlocal Agreement with the updated 37 Exhibit A shall be provided to the CRA. 38 SECTION 4. This Resolution shall take effect in accordance with the law. 39 40 PASSED AND ADOPTED this )1.441 day of Umr 2025. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 Mayor - Rebecca Shelton t 44 45 Vice Mayor-Woodrow L. Hay 1/ 46 47 Commissioner-Angela Cruz 48 49 Commissioner- Thomas Turkin 50 51 Commissioner-Aimee Kelley 52 53 VOTE 3-0 54 ATT • 55 1 56 57 Maylee e-us, MPA, C Rebecca Shelton / 58 City Clerk YNTO Mayor 59 PO .•N6, 4 GRgTe 60 ems;n ti APPROVED AS TO FORM: 61 (Corporate Seal) i c SEAL •• 62 INCORPORATED; 63 1920 Ma. 64 FLOR1O" ./Shawna G. Lamb 65 City Attorney 283 REVISED EXHIBIT "A" Fiscal Year 2025-2026 Projects City Project# Project Name BBCRA Funding 1 MLK Jr. Boulevard Streetscape Improvements 800,000 Design & Construction 2 Federal Highway Streetscape 450,000 3 Pence Park Design, Permit& Construction 4,400,000 4 Harvey Oyer Park Pier Design & Permit 450,000 5 Senior Center Design 100,000 6 Jaycee Park Master Design 550,000 7 Centennial Park Improvement Design & 750,000 Construction 8 Cottage District Road Improvement Design 200,000 9 Ocean Avenue Bridge Lighting 100,000 10 Federal Highway Crosswalk 600,000 11 4th Street Streetscape Improvement 250,000 12 Historic Woman's Club of Boynton Beach 500,000 13 Entry Feature Signage 50,000 14 Town Square Hardening (Bollards) 200,000 15 Inn at Boynton Demolition 623,500 16 Neighborhood Security Gate 50,000 FY2025-2026 Total 10,073,500 284 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-056- Approving a Chemicals Purchase and Delivery Agreement between the City and Amaya Solutions, Inc., d/b/a American Water Chemicals, Inc., for Antiscalant and Corrosion Inhibitor in the amount of $175,628 annually. Requested Action: Staff recommends approval of Proposed Resolution R26-056. Explanation of Request: The City entered into a three (3) year agreement with American Water Chemicals, with the option of two (2) additional one-year renewals to purchase the chemicals required for drinking water treatment. The Utility utilizes AWC A-782 phosphate corrosion inhibitor at the East and West Water Treatment Plants to prevent corrosion in the distribution system in accordance with the Safe Drinking Water Act. Additionally, the Utility uses AWC A-102Plus Antiscalant at the West Water Treatment Plant to produce high-quality drinking water without adding sulfuric acid, a dangerous and more expensive chemical. The Utilities Department would like to obtain spending approval for a total of $175,628.00 annually based on the current contract to purchase phosphate corrosion inhibitor for $101,928.00 and membrane anti-scalant for $73,700.00. This purchase is being made pursuant to the Single Source Procurement Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy, as selecting American Water Chemicals, Inc. is most advantageous to the City. The City requires membrane antiscalant (AWC A-102Plus) and a Polyphosphate/Orthophosphate corrosion inhibitor (AWC A-782) for its water treatment facilities. Pilot testing conducted in December 2021 at the West Water Treatment Plant confirmed that AWC A-102Plus performed effectively at 85% recovery under conditions with acid feed eliminated, leading the City to standardize it as its membrane antiscalant of record. Due to its demonstrated unique suitability for the City's operational and technical requirements, this procurement qualifies as a single-source purchase under the City’s Purchasing Policy. AWC A-782 is a proprietary formulation required to maintain compliance with the EPA Lead and Copper Rule at the City’s East and West Water Treatment Plants. Substituting an alternative product could compromise the City's corrosion control program and risk regulatory non-compliance. Procuring both products from a single source ensures product continuity and 285 uninterrupted regulatory compliance. Staff respectfully requests Commission approval to enter into a purchase and delivery agreement with Amaya Solutions, Inc. (d/b/a American Water Chemicals, Inc.) for Antiscalant and Corrosion Inhibitor chemicals, totaling $175,628 annually. How will this affect city programs or services? These chemical products are required to meet safe drinking water state and federal regulations. Budgeted Item: Yes Account Line Item and Description: Funding is available in Utilities account 401-2811- 536.52-35, Process Chemicals. Fiscal Impact: $175,628.00 annually. Attachments: R26-056 Agenda_Item_4398- 2026_Resolution_for_Chemical_Purchase_and_Delivery_Agmt.docx Exhibit A to Resolution - signed agmt.pdf COI- City of Boynton Beach.pdf YOP_Amaya Solutions_City of Boynton Beach_coi_wos_161958398.pdf 286 RESOLUTION NO. R26-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CHEMICALS PURCHASE AND 2 DELIVERY AGREEMENT BETWEEN THE CITY AND AMAYA SOLUTIONS, 3 INC., D/B/A AMERICAN WATER CHEMICALS, INC., FOR ANTISCALANT 4 AND CORROSION INHIBITOR IN THE AMOUNT OF $175,628 5 ANNUALLY; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City requires membrane Antiscalant (AWC A-102Plus) and a 8 Polyphosphate/Orthophosphate blend (AWC A-782) for use in the operation of its water 9 treatment facilities; and 10 WHEREAS, the City received a proposal from Amaya Solutions, Inc., d/b/a American Water 11 Chemicals, Inc. (“Vendor”) for the purchase and delivery of AWC A-102Plus membrane Antiscalant 12 and AWC A-782 Polyphosphate/Orthophosphate corrosion inhibitor for use at the City’s water 13 treatment facilities; and 14 WHEREAS, pilot testing conducted in December of 2021 as part of the Pilot Testing and 15 Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant 16 study evaluated two scale inhibitor products, including AWC A-102 PLUS, and demonstrated that 17 AWC A-102 PLUS effectively performed under eliminated acid feed conditions and at eighty-five 18 percent (85%) recovery, and was recommended for further consideration in the subsequent 19 conceptual design; and 20 WHEREAS, based on the pilot testing results, the City has standardized the use of AWC 21 A102PLUS as its membrane Antiscalant for water treatment operations to ensure consistent 22 performance and regulatory compliance; and 23 WHEREAS, pursuant to the City’s Purchasing Policy, the procurement of AWC A-102 PLUS 24 qualifies as a single-source purchase due to its demonstrated unique suitability for the City’s 25 specific operational and technical requirements; and 26 WHEREAS, the City is required to utilize an orthophosphate-based corrosion control 27 inhibitor at its East Water Treatment Plant and West Water Treatment Plant to maintain 28 compliance with the United States Environmental Protection Agency Lead and Copper Rule and 29 to ensure acceptable lead and copper levels within the water distribution system; and 30 31 287 RESOLUTION NO. R26-056 WHEREAS, the specific Polyphosphate/Orthophosphate blend used by the City, AWC 32 A782, is a proprietary formulation optimized for the City’s water quality and treatment processes, 33 and changing such formulation could alter water quality parameters, impact the City’s corrosion 34 control program, and require enhanced regulatory monitoring; and 35 WHEREAS, based on these regulatory and operational considerations, the procurement 36 of AWC A-782 polyphosphate/orthophosphate corrosion inhibitor from the Vendor qualifies as a 37 single-source purchase in accordance with the City’s Purchasing Policy; and 38 WHEREAS, it is in the best interest of the City to utilize these products in order to provide 39 safe, clean, and healthy water for the residents of Boynton Beach; and 40 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 41 best interests of the City’s citizens and residents to approve the Chemicals Purchase and Delivery 42 Agreement between the City and Amaya Solutions, Inc., d/b/a American Water Chemicals, Inc., for 43 Antiscalant and Corrosion Inhibitor in the amount of $175,628 annually. 44 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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 50 approve the Chemicals Purchase and Delivery Agreement between the City and Amaya Solutions, 51 Inc., d/b/a American Water Chemicals, Inc. for Antiscalant and Corrosion Inhibitor in the amount 52 of $175,628 annually (the “Agreement”), in form and substance similar to that attached as Exhibit 53 A. 54 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 55 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 56 ancillary documents required under the Agreement or necessary to accomplish the purposes of 57 the Agreement, including any term extensions as provided in the Agreement, provided such 58 documents do not modify the financial terms or material terms. 59 288 RESOLUTION NO. R26-056 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 60 of the City. A copy of the fully executed Agreement shall be provided to Bryan Heller to forward 61 to the Vendor. 62 SECTION 5. This Resolution shall take effect in accordance with the law. 63 [SIGNATURES ON THE FOLLOWING PAGE] 64 65 289 RESOLUTION NO. R26-056 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 66 CITY OF BOYNTON BEACH, FLORIDA 67 YES NO 68 Mayor – Rebecca Shelton _____ _____ 69 70 Vice-Mayor – Thomas Turkin _____ _____ 71 72 Commissioner – Angela Cruz _____ _____ 73 74 Commissioner – Mack McCray _____ _____ 75 76 Commissioner – Aimee Kelley _____ _____ 77 78 VOTE ______ 79 ATTEST: 80 81 _____________________________ ______________________________ 82 Tammy Stanzione, CMC Rebecca Shelton 83 Interim City Clerk Mayor 84 85 APPROVED AS TO FORM: 86 (Corporate Seal) 87 88 _______________________________ 89 Shawna G. Lamb 90 City Attorney 91 290 26-031A – American Water Chemicals, Inc. 1 CHEMICALS PURCHASE AND DELIVERY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN WATER CHEMICALS, INC., FOR ANTISCALANT AND CORROSION INHIBITOR This Agreement is made as of this ___ day of ___________, 2026, by and between American Water Chemicals, Inc., with a principal address of 1802 Corporate Center Lane, Plant City, FL 33563, hereinafter referred to as “Vendor,” and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as follows: WHEREAS, the City requires membrane antiscalant (AWC A-102Plus) and a Polyphosphate/Orthophosphate blend (AWC A-782) for use in the operation of its water treatment facilities; and WHEREAS, the City received a proposal from American Water Chemicals, Inc. for the purchase and delivery of AWC A-102Plus membrane antiscalant and AWC A-782 polyphosphate/orthophosphate corrosion inhibitor for use at the City’s water treatment facilities; and WHEREAS, pilot testing conducted in December of 2021 as part of the Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant study evaluated two scale inhibitor products, including AWC A-102 PLUS, and demonstrated that AWC A-102 PLUS effectively performed under eliminated acid feed conditions and at eighty-five percent (85%) recovery, and was recommended for further consideration in the subsequent conceptual design; and WHEREAS, based on the pilot testing results, the City has standardized the use of AWC A- 102PLUS as its membrane antiscalant for water treatment operations to ensure consistent performance and regulatory compliance; and WHEREAS, pursuant to the City’s Purchasing Policy, the procurement of AWC A-102 PLUS qualifies as a single-source purchase due to its demonstrated unique suitability for the City’s specific operational and technical requirements; and WHEREAS, the City is required to utilize an orthophosphate-based corrosion control inhibitor at its East Water Treatment Plant and West Water Treatment Plant to maintain compliance with the United States Environmental Protection Agency Lead and Copper Rule and to ensure acceptable lead and copper levels within the water distribution system; and 291 26-031A – American Water Chemicals, Inc. 2 WHEREAS, the specific polyphosphate/orthophosphate blend used by the City, AWC A- 782, is a proprietary formulation optimized for the City’s water quality and treatment processes, and changing such formulation could alter water quality parameters, impact the City’s corrosion control program, and require enhanced regulatory monitoring; and WHEREAS, based on these regulatory and operational considerations, the procurement of AWC A-782 polyphosphate/orthophosphate corrosion inhibitor from American Water Chemicals, Inc. qualifies as a single-source purchase in accordance with the City’s Purchasing Policy; and, WHEREAS, it is the best interest of the City to utilize these products in order to provide safe, clean and healthy water to the residents of Boynton Beach; and, WHEREAS, Vendor has agreed to furnish and deliver the chemicals in accordance with the terms and conditions set forth herein and Vendor’s Proposal. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Vendor do hereby agree as follows: 1. CHEMICALS AND SCOPE OF SUPPLY: Vendor shall furnish and deliver the chemicals described in Vendor’s Proposal, attached hereto as Exhibit A and incorporated into this Agreement by reference (the “Chemicals”). The Chemicals shall: (a) meet or exceed all specifications set forth in Exhibit A; (b) be of first quality, new, and unused; (c) be suitable for the purposes specified; (d) comply with all applicable federal, state, and local laws, regulations, and standards, including but not limited to EPA, FDA, OSHA, DOT, and Florida Department of Environmental Protection requirements; (e) be properly packaged, labeled, and marked in accordance with all applicable regulations; and (f) be accompanied by all required Safety Data Sheets (SDS), certificates of analysis, and other documentation specified in Exhibit A. 2. ORDERING AND DELIVERY PROCEDURES: This Agreement authorizes the City to order Chemicals on an as-needed basis during the Term specified in Section 3. The City shall place orders by email to Vendor. Each order shall specify: (i) the type and quantity of Chemicals; (ii) the delivery location; (iii) the requested delivery date; and (iv) the purchase order number. Vendor shall deliver Chemicals within seven (7) business days of receiving a City purchase order. The City is under no obligation to purchase any minimum quantity of Chemicals during the Term. 3. TERM: This Agreement shall commence upon execution and continue for a period of three (3) year(s), terminating on ______________, 202__ (the “Initial Term”), unless terminated earlier in accordance with this Agreement. The City may, at its sole option, renew this Agreement for up to two (2) additional one-year period(s) upon the same terms and conditions, or with price adjustments as specified in Section 5, by providing written notice to Vendor at least sixty (60) days prior to the expiration of the then-current term. The Mayor is authorized to execute the 292 26-031A – American Water Chemicals, Inc. 3 term extension amendment(s). If Vendor requests a rate adjustment at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 4. NOT-TO-EXCEED CONTRACT AMOUNT: The total amount payable to Vendor under this Agreement shall not exceed One Hundred Seventy-Five Thousand Six Hundred Twenty-Eight Dollars ($175,628.00) annually (the “NTE Amount”). The City may order Chemicals on an as-needed basis up to the NTE Amount during the Term. Once the cumulative total of all payments reaches the NTE Amount, the City may not purchase additional Chemicals unless the Parties execute a written amendment increasing the NTE Amount. 5. PRICING: The unit prices for the Chemicals are outlined in Exhibit A and are firm and fixed for the Initial Term. The pricing includes all costs for the Chemicals, packaging, delivery, freight, fuel surcharges, taxes (except as provided in Section 8), environmental fees, and all other charges. No additional charges shall be permitted unless expressly authorized in writing by the City. For any renewal term(s), pricing may be adjusted annually based on the percentage change in the U.S. Producer Price Index for Chemicals and Allied Products (PPI), measured year over year, subject to the City’s written approval. The PPI shall be the latest published value available at least 30 days prior to the renewal date. Exhibit B describes the process for calculating index-based price adjustments for renewal terms and provides an example of how the adjustment will be applied. 6. DELIVERY REQUIREMENTS: All Chemicals shall be delivered FOB Destination to the following location(s): West Water Treatment Plant at 5469 Boynton Beach Blvd, Boynton Beach, FL 33437 and East Water Treatment Plant at 1620 S. Seacrest Blvd., Boynton Beach, FL 33435. Delivery hours are Monday through Friday, 7:00 AM to 3:00 PM, excluding City holidays. Vendor shall provide at least twenty-four (24) hours advance notice of delivery. Title and risk of loss shall pass to the City only upon delivery to the specified location and acceptance by the City. Vendor shall be responsible for unloading freight and the City shall be responsible for placement of freight in storage location. Vendor shall ensure that delivery vehicles and personnel comply with all City facility access requirements and safety protocols. Any Chemicals delivered that do not conform to the specifications may be rejected and returned to the Vendor at the Vendor’s expense. 7. INSPECTION AND ACCEPTANCE: The City reserves the right to inspect all Chemicals upon delivery and within five (5) days thereafter. Chemicals that fail to meet specifications or are damaged, defective, or non-conforming may be rejected by the City. Upon rejection, Vendor shall, at the City’s option: (a) promptly replace the rejected Chemicals at no additional cost; or (b) issue a full refund, including any delivery charges. Acceptance of any delivery shall not constitute a waiver of any warranties or the City’s right to later reject non-conforming Chemicals upon discovery of latent defects. The City’s payment for Chemicals does not constitute acceptance. 293 26-031A – American Water Chemicals, Inc. 4 8. PAYMENT TERMS: Payment shall be made within 45 days of receipt of: (1) a proper invoice; and (2) delivery and acceptance of conforming Chemicals, in accordance with the Local Government Prompt Payment Act, Section 218.70 et seq., Florida Statutes. Each invoice shall include: (a) purchase order number; (b) invoice date; (c) description and quantity of Chemicals delivered; (d) unit prices and extended totals; (e) delivery date; (f) delivery location; and (g) cumulative total of all payments to date under this Agreement. Vendor shall provide a W-9 with the first invoice. 9. TAX EXEMPT: Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, the City will provide the Vendor with proof of tax-exempt status. 10. QUALITY ASSURANCE AND TESTING: Vendor warrants that all Chemicals supplied under this Agreement shall: (a) conform to the specifications in Exhibit A; (b) be manufactured in accordance with applicable industry standards and good manufacturing practices; (c) be free from contamination and adulteration; and (d) be fit for the purposes for which they are intended. The Vendor shall provide a Certificate of Analysis (COA) with each delivery, demonstrating that the Chemicals meet the specified purity, concentration, and quality standards. The City reserves the right to conduct independent testing of the Chemicals at any time. If testing reveals non- conformance, Vendor shall reimburse the City for testing costs in addition to replacing the non- conforming Chemicals. 11. SAFETY DATA SHEETS AND DOCUMENTATION: Vendor shall provide current Safety Data Sheets (SDS) in compliance with OSHA Hazard Communication Standard (29 CFR 1910.1200) for all Chemicals. SDS must be provided: (a) with the initial delivery of each Chemical; (b) with each delivery if requested by the City; and (c) within 24 hours of any request by the City. Vendor shall immediately notify the City in writing of any changes to SDS or chemical formulations. All Chemicals shall be properly labeled in accordance with applicable federal, state, and local requirements, including DOT hazardous materials regulations. 12. HAZARDOUS MATERIALS COMPLIANCE: If the Chemicals constitute hazardous materials under federal, state, or local law, Vendor shall: (a) comply with all applicable laws governing the transportation, handling, storage, and disposal of hazardous materials; (b) ensure that delivery personnel are properly trained and licensed; (c) maintain all required permits and registrations; (d) provide proper placarding and documentation; and (e) be solely responsible for any spills, releases, or contamination occurring during transportation and delivery up to the point of acceptance by the City. 13. EMERGENCY RESPONSE INFORMATION: Vendor shall provide the City with 24-hour emergency contact information for chemical spill response and technical assistance. The Vendor shall maintain this emergency contact information as current and functional at all times during the Term of this Agreement. In the event of a spill, leak, or release of Chemicals during delivery, 294 26-031A – American Water Chemicals, Inc. 5 Vendor shall immediately initiate appropriate emergency response procedures and notify the City and all required regulatory agencies. 14. PRODUCT SUBSTITUTION: Vendor shall not substitute any Chemical with a different product, formulation, or brand without prior written approval from the City. Any request for substitution must be submitted in writing at least three (3) days in advance and must include: (a) technical specifications for the proposed substitute; (b) SDS for the substitute; (c) certification that the substitute meets or exceeds the original specifications; (d) any price difference; and (e) samples for City testing if requested. The City may accept or reject any proposed substitution in its sole discretion. 15. PRODUCT AVAILABILITY AND SUPPLY CONTINUITY: Vendor represents that it has, or can obtain, adequate supplies of the Chemicals to fulfill the City’s requirements under this Agreement. If Vendor becomes unable to supply any Chemical due to manufacturing discontinuation, supply shortage, or other reason, Vendor shall: (a) provide the City with at least three (3) days’ advance written notice; (b) propose suitable alternative products at equal or lower pricing; and (c) assist the City in transitioning to an alternative supplier if necessary. Failure to provide adequate notice may be grounds for termination for cause. 16. WARRANTIES: Vendor warrants that: (a) it has good and marketable title to all Chemicals supplied, free and clear of all liens and encumbrances; (b) the Chemicals are merchantable and fit for the particular purposes for which they are intended; (c) the Chemicals conform to all specifications, samples, and descriptions; (d) the Chemicals are free from defects in materials and workmanship; (e) the manufacture, sale, and delivery of the Chemicals does not infringe any patent, trademark, copyright, or other intellectual property right; (f) Vendor has all necessary permits, licenses, and approvals to manufacture, sell, and deliver the Chemicals; and (g) all representations made in Vendor’s Proposal are true and accurate. These warranties shall survive delivery, acceptance, and payment. 17. SHELF LIFE AND EXPIRATION: All Chemicals delivered shall have a minimum manufacturer’s stated shelf life of six (6) months remaining from the date of delivery. Each container shall be clearly marked with the manufacture date and expiration date. The City may reject any Chemicals that do not meet the minimum remaining shelf-life requirement. 18. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 295 26-031A – American Water Chemicals, Inc. 6 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 Vendor: American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 Telephone: (813) 246-5448 Email: customerservice@membranechemicals.com For routine ordering and delivery coordination: Ford Babcock Chief Water Plant Operator - West Water Treatment Plant Telephone: (561) 742-6955 Email: BabcockF@bbfl.us Bill Newsome Chief Water Plant Operator - East Water Treatment Plant Telephone: (561) 742-6953 Email: NewsomeW@bbfl.us 19. INVOICES: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 20. SOVEREIGN IMMUNITY: Nothing in this Agreement or herein shall be considered or construed to waive the City’s rights and immunities under common law or section 768.28, Florida Statutes, as may be amended. 21. ATTORNEY’S FEES: If either Party sues to enforce the Agreement, each Party shall bear its own attorney’s fees and court costs. 22. PUBLIC RECORDS: The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: 296 26-031A – American Water Chemicals, Inc. 7 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, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and d. Upon completion of the contract, the Vendor shall transfer to the City, at no cost to the City, all public records in the Vendor’s possession. All records stored electronically by the Vendor 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA, 33435, 561-742-6060, CityClerk@bbfl.us. 23. VENUE, JURISDICTION, WAIVER OF JURY TRIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. Any disputes that arise between the Parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 24. TERMINATION a. TERMINATION FOR CONVENIENCE: The City may terminate this Agreement for convenience upon fourteen (14) calendar days’ written notice. Upon termination, the City shall pay for all Chemicals delivered and accepted prior to the effective date of termination. The City shall have no obligation to accept delivery of any Chemicals ordered 297 26-031A – American Water Chemicals, Inc. 8 but not yet delivered as of the termination notice date, unless the Vendor can demonstrate that such Chemicals were already in transit or specifically manufactured or acquired for the City’s order. b. TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. The City may immediately terminate this Agreement for cause if: (a) Vendor delivers Chemicals that fail quality testing; (b) Vendor fails to deliver Chemicals within the required timeframe on two or more occasions; (c) Vendor violates any hazardous materials regulations; or (d) Vendor breaches any warranty. c. Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding insurance, warranties, indemnification, governing law, limitation of liability, and any other provisions that by their nature are intended to survive, shall survive termination of this Agreement and remain in full force and effect. 25. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors (collectively, “Indemnified Party”), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, of any nature arising out of, relating to, or resulting from: (a) the performance of this Agreement; (b) any defect, contamination, or non-conformance of the Chemicals; (c) the transportation, delivery, or storage of the Chemicals; (d) any spill, release, or exposure to the Chemicals; or (e) any breach of warranty or representation by Vendor, caused in whole or in part by any act or omission, negligent, willful, reckless, or otherwise of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If, in the opinion of the City and the City Attorney, it is necessary, the City may retain any sums due the Vendor under this Agreement until all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 26. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage set forth in the Insurance Advisory attached hereto as Exhibit C, and incorporated herein by reference. Vendor shall maintain insurance in the amounts as required in Exhibit C during the entire term of the 298 26-031A – American Water Chemicals, Inc. 9 Agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insureds. 27. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or lost profits or consequential damages. 28. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that the Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. Vendor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. 29. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including without limitation: (a) EPA regulations; (b) OSHA regulations; (c) DOT hazardous materials regulations; (d) Florida Department of Environmental Protection requirements; (e) section 501.171, Florida Statutes; and (f) all applicable environmental, health, and safety laws. Non-compliance may constitute a material breach of the Agreement. 30. 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 this Agreement. 31. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. If Vendor assigns or transfers this Agreement without the City’s written consent, the Agreement shall, at the City’s option, become null and void. 32. NO LIEN: The Vendor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Vendor. 33. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the 299 26-031A – American Water Chemicals, Inc. 10 City Commission of the City of Boynton Beach in the annual budget for the fiscal year of this Agreement, and is subject to termination based on lack of funding. 34. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to provide the same or similar chemicals or may purchase chemicals from other sources. 35. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Vendor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Vendor has with any third party or violates applicable law. Vendor further represents and warrants that execution of this Agreement is within Vendor’s legal powers, and each individual executing this Agreement on behalf of Vendor is duly authorized to execute the same on Vendor’s behalf. 36. THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 37. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 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 these shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 39. FORCE MAJEURE: Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, epidemic, pandemic, or other similar causes. The Party affected by such force majeure event shall notify the other Party within a reasonable time after the occurrence of such event and shall use reasonable efforts to minimize the impact of such event. If a force majeure event prevents Vendor from delivering Chemicals for more than thirty (30) days, the City may, in its discretion, terminate this Agreement or purchase substitute chemicals from alternative sources without penalty. 300 26-031A – American Water Chemicals, Inc. 11 40. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 41. 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 Solicitation, any Purchase Order and/or the Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the Solicitation; (3) the applicable Purchase Order; and (4) the Proposal. 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. 42. ENTIRE AGREEMENT: The Agreement, including the Solicitation, the Proposal, and the Exhibits that are incorporated into this Agreement in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may not be modified except by the Parties’ mutual agreement set forth in writing and signed by the Parties. 43. 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. 44. AMENDMENTS: No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. Any amendment that increases the NTE Amount must be approved by the City Commission. 45. HEADINGS: The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 46. NO CONSTRUCTION AGAINST DRAFTER: The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 47. ANTI-HUMAN TRAFFICKING: On or before the effective date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 301 26-031A – American Water Chemicals, Inc. 12 48. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; 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 will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes, which addresses entities that are on certain specified lists relating to boycotts, state sponsors of terrorism, and countries of concern. 49. 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 the Vendor violates this section, the City may immediately terminate this Agreement for cause. 50. 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. 51. ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in a foreign country of concern. For purposes of this section, “foreign country of concern” has the meaning set forth in Section 287.138, Florida Statutes. 52. FEDERAL GRANT COMPLIANCE. If any order under this Agreement involves Chemicals funded in whole or in part by federal funds, the Vendor shall comply with all federal requirements applicable to the funding source, including, but not limited to, procurement, reporting, record retention, audit access, and prohibited telecommunications equipment requirements. In the event of any conflict between this Agreement and the federal requirements, the federal requirements will govern and control. 302 26-031A – American Water Chemicals, Inc.13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below. CITY OF BOYNTON BEACH: By: _________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ ATTEST: _________________________________ City Clerk City Attorney’s Office Approved as to Form By:___________________________ VENDOR: American Water Chemicals, Inc. By: _________________________________ Print Name: _________________________ Title: _______________________________ Date: _______________________________ Email:_______________________________ Ryan Greiner Chief Financial Officer 03/05/2026 rgreiner@membranechemicals.com , ___________________ Name: _____________RGi 303 26-031A – American Water Chemicals, Inc. 14 EXHIBIT A VENDOR PROPOSAL, CHEMICAL SPECIFICATIONS, AND PRICING 304 AMERICAN WATER CHEMICALS SALES 1802 CORPORATE CENTER LANE PLANT CITY FL 33563 USA QUOTATION Original Quotation No.:22034772 Quotation Date:11/20/25 Valid Until:03/31/26 Customer No.:C00172 Customer Ref. No.: Page No.:Page 1 of 1 BILL TO SHIP TO VALID UNTIL CITY OF BOYNTON BEACH WEST WTP 03/31/26 PO BOX 310 BOYNTON BEACH FL 33435 USA 5469 WEST BOYNTON BEACH BLVD BOYNTON BEACH FL 33437 USA Sales Employee:Mason Bass Contact Name:FORD BABCOCK - WEST Ship Via: Terms:Net30 Freight Terms:PREPAID Item No.Description # of Pkgs Quantity Unit Price Total A782.600LB AWC A-782, 600LB DRUM 124 DRUM 74,400 LBS $ 1.3700 $ 101,928.00 A102PLUS.2500LB AWC A-102 PLUS, 2500LB TOTE 22 IBC 55,000 LBS $ 1.3400 $ 73,700.00 Subtotal $ 175,628.00 Shipping Tax Total Order Value $ 175,628.00 Remarks:22034772 QUOTE - JW ESTIMATED LEAD-TIME TO SHIP IS 10 WORKDAYS AFTER RECEIPT OF ORDER Phone: 813-246-5448 Fax: 813-623-6678 E-Mail: CUSTOMERSERVICE@MEMBRANECHEMICALS.COM Website: WWW.MEMBRANECHEMICALS.COM FORM: 145 REV. 11 01/17/2023 305 6DIHW\GDWDVKHHW $:&o$ DFFRUGLQJWR&)5 6(&7,21,'(17,),&$7,21  *+63URGXFWLGHQWLILHU $:&o$ 2WKHUPHDQVRILGHQWLILFDWLRQ 1RWDSSOLFDEOH 1$  5HFRPPHQGHGXVHRIWKHFKHPLFDODQGUHVWULFWLRQVRQXVH 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IDFLOLWDWHWKHLUXQGHUVWDQGLQJDQGLQWHUSUHWDWLRQRIWKHVDIHW\GDWDVKHHWDVZHOODVWKHSURGXFWODEHO 3ULQFLSDOELEOLRJUDSKLFDOVRXUFHV 2FFXSDWLRQDO6DIHW\ +HDOWK$GPLQLVWUDWLRQ 26+$  $EEUHYLDWLRQVDQGDFURQ\PV &217,18('211(;73$*( 'DWHRIFRPSLODWLRQ5HYLVHG9HUVLRQ 5HSODFHG 3DJH 323 6DIHW\GDWDVKHHW $:&o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– American Water Chemicals, Inc. 15 EXHIBIT B INDEX-BASED PRICE ADJUSTMENTS FOR RENEWAL TERMS 1. Annual Price Adjustment For any renewal term(s), the price for each chemical product supplied under this Agreement may be adjusted annually based on the year-over-year percentage change in the U.S. Producer Price Index (PPI) for Chemicals and Allied Products, as published by the U.S. Bureau of Labor Statistics: https://www.bls.gov/ppi/tables/. 2. Reference Month The PPI change shall be measured using the PPI value for the month corresponding to the renewal date compared to the same month in the prior year. The PPI value used shall be the most recently published value available at least thirty (30) days prior to the renewal date. 3. Adjustment Rate The annual adjustment shall not exceed the percentage change in the U.S. Producer Price Index for Chemicals and Allied Products (PPI), measured year over year. The PPI shall be the latest published value available at least 30 days prior to the renewal date. 4. Adjusted Price Calculation The adjusted price for each chemical product shall be calculated as follows: ܲ௥௘௡௘௪௔௟ =ܲ௣௥௜௢௥ ×(1+min (PPI Change %)) Where: 5. Example (For Illustration Only) Using the most recently published PPI values: Product Prior Price PPI ēÍIJČe ϼ‹eŕ ͑͏͓͑ Ҍ ‹eŕ 2025) Capped Adjustment New Price Antiscalant $1.34/lb +0.88% 0.88% $1.35/lb Corrosion Inhibitor $1.37/lb +0.88% 0.88% $1.38/lb Note: This example is for illustrative purposes only; actual adjustments shall be based on the PPI values published for the renewal month in accordance with Sections 1–4 above. 325 America's Gateway to the Gulfstream EXHIBIT C INSURANCE ADVISORY 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: x $1,000,000 each occurrence x $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury x $1,000,000 per occurrence for Property Damage x $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-OwnedAutoLiability,whichmaybesatisfiedbywayofendorsementtotheCommercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage mustbe afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: x $2,000,000 each occurrence x $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 326 America's Gateway to the Gulfstream Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable.For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: x All Risk Coverage including Flood and Windstorm with no coinsurance clause x Guaranteed policy extension provision x Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity x Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project x 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 327 America's Gateway to the Gulfstream 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 328 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) 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) COMMERCIAL GENERAL LIABILITY 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 INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Evanston Insurance Company Auto Owners Insurance Berkshire Hathaway Homestate Ins Co Progressive Northern Insurance Company Redwood Fire and Casualty Insurance Co. 10/17/2025 McGriff, a MMA LLC Company 333 S. Garland Ave Orlando, FL 32801-4927 407 691-9600 407 691-9600 888-635-4183 certorlando@mcgriff.com Amaya Solutions Inc dba American Water Chemicals 1802 Corporate Center Lane Plant City, FL 33563-7162 35378 18988 20044 38628 11673 A X X X X X MKLV2ENV105193 10/13/2025 10/13/2026 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 B B C D B X X X X X FL-4947152210 IL-4947152214 TX-02APM06056901 NE-04320122 VA-4947152213 03/01/2025 03/14/2025 07/22/2025 01/20/2025 01/10/2025 03/01/2026 03/14/2026 07/22/2026 01/20/2026 01/10/2026 1,000,000 A X X MKLV2EFX101705 10/13/2025 10/13/2026 5,000,000 5,000,000 A Contr Pollution Transp Pollution Non Own Disp Site MKLV2ENV105193 MKLV2ENV105193 MKLV2ENV105193 10/13/2025 10/13/2025 10/13/2025 10/13/2026 10/13/2026 10/13/2026 *See Description of Ops *See Description of Ops *See Description of Ops *Blanket Additional Insured, including Completed Operations, if required by written contract, provided as respects General Liability coverage per form CG2010(04/13) and CG2037(04/13). Blanket Waiver of Subrogation as required by written contract executed by both parties prior to loss per form CG2404 (05/09) "Waiver of Transfer of Rights of Recovery Against Others to Us". General Liability includes Blanket 30 Day Notice of Cancellation as required by written contract form MEIL 1233(11/13). (See Attached Descriptions) City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 1 of 2 #S38448400/M38423444 131AMERIWATClient#: 2211638 ASNO 1 of 2 #S38448400/M38423444 329 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Excess Liability policy is follow form. *Blanket Additional Insured provided as respects the FL Commercial Auto Liability coverage per form 58504(1/15). Blanket Waiver of Subrogation provided as respects the FL Commercial Auto Liability coverage as required by written contract prior to the loss per form 58583(1/15). Additional Auto Policy in force: CALIFORNIA Policy Number - 01APM06273901 Policy eff/exp dates - 10/1/2025-10/1/2026 Limits - $1,000,000 CSL Contractors/Transportation/Non-Owned Disposal Site Pollution Limits: Aggregate: $2,000,000 Each Occurrence: $1,000,000 Contractors Pollution Deductible $5,000 2 of 2 #S38448400/M38423444 330 10/16/2025 Marsh Affinity a division of Marsh USA LLC. PO BOX 14404 Des Moines, IA 50306-9686 Marsh Affinity 800-743-8130 ADPTotalSource@marsh.com Illinois National Ins Co 23817 A N 07/01/2025 07/01/2026 2,000,000 2,000,000 2,000,000 ADP TotalSource III, Inc. 5800 Windward Parkway Alpharetta, GA 30005 Alternate Employer: Amaya Solutions, Inc. DBA American Water Chemicals 1802 Corporate Center Lane PlantCity, FL 33563 WC 063528456 FLX All worksite employees working for Amaya Solutions, Inc. DBA American Water Chemicals paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. Amaya Solutions, Inc. DBA American Water Chemicals is an alternate employer under this policy. Proprietor/Partner/Executive Officer/Member are not excluded as long as they are in the ADPTS payroll or have completed the SEI Participation Addendum. WAIVER OF SUBROGATION IN FAVOR OF City of Boynton Beach AS RESPECTS OF JOB PERFORMED BY Amaya Solutions, Inc. DBA American Water Chemicals AS REQUIRED BY WRITTEN CONTRACT. City of Boynton Beach 100 E Ocean Ave. Boynton Beach, FL 33435 X 331 07/01/2025 WC 063528456 FL ADP TotalSource III, Inc. 5800 Windward Parkway Alpharetta, GA 30005 Alternate Employer: Amaya Solutions, Inc. DBA American Water Chemicals 1802 Corporate Center Lane PlantCity, FL 33563 Illinois National Ins Co WAIVER OF SUBROGATION IN FAVOR OF City of Boynton Beach AS RESPECTS OF JOB PERFORMED BY Amaya Solutions, Inc. DBA American Water Chemicals AS REQUIRED BY WRITTEN CONTRACT. 332 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-057- Approve a Piggyback Agreement between the City of Boynton Beach and Juniper Landscaping of Florida, LLC for park landscaping services with an annual expenditure not to exceed $275,000. Requested Action: Staff recommends approval of Proposed Resolution No. R26-057. Explanation of Request: The City of Boynton Beach maintains several sports fields that require ongoing maintenance to ensure they remain safe, functional, and enjoyable for residents. These fields serve as vital recreational spaces for youth programs, organized sports leagues, and the broader community. To keep these fields in proper condition, monthly maintenance is essential and must be performed by a landscaping contractor with the expertise and attention to detail required to meet the City's standards. This includes turf management, irrigation upkeep, field lining, and general groundskeeping to ensure playability and safety at all times. As part of the City's broader effort to centralize and modernize its procurement processes, the City intends to solicit this contract through our own formal Request for Proposals (RFP) process. This will allow the City to competitively evaluate vendors, establish clear service expectations, and ensure the best value for residents. However, in order to avoid any lapse in service while the RFP process is being developed and executed, the City requires an interim solution to maintain uninterrupted field operations. This temporary measure will ensure that sports fields remain properly maintained and available to the community without disruption during the transition period. The City's contract with Juniper Landscaping expired in August 2025. While staff had intended to execute a six-month extension to bridge the gap, competing priorities and organizational transitions prevented that from being completed in a timely manner. As a result, Juniper has continued to provide landscaping services at City sports fields since the start of the fiscal year without a formal agreement in place. To address this gap and ensure proper contractual coverage, staff worked proactively with Juniper to identify a viable procurement vehicle. A cooperative contract procured through the City of Weston was identified as a suitable alignment with the scope of services Juniper has been performing. This evening, staff is presenting the Commission with a contract structured under the City's piggyback exemption, which will ratify the ongoing work and authorize Juniper to continue services under a compliant framework. 333 This interim solution serves as a bridge while the City develops and executes its own formal solicitation for sports field maintenance services, a process the City will own and control from end to end. The contract presented this evening has an annual not-to-exceed value of $275,000, and staff are committed to completing a competitive solicitation and awarding a new contract before the start of the next fiscal year. How will this affect city programs or services? This contract will allow the sports fields to continue to be maintained. Budgeted Item: Yes Account Line Item and Description: 001-2730-572.46-98 REPAIR/MAINTENANCE SRVS. / GROUNDS MAINTENANCE Fiscal Impact: Budgeted item Attachments: R26-057 Agenda_Item_4406-2026_-_Resolution_to_Approve_Piggyback_Agreement_- _Juniper_Landscaping.docx Exhibit A to Resolution - signed Piggyback Agreement - Juniper Landscaping - Final.pdf Exhibit A - Master Agreement RFP 2019-13 and all Renewals.pdf Exhibit B - 2026 Pricing Proposal.pdf City of Boynton Beach.pdf 334 RESOLUTION NO. R26-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE PIGGYBACK AGREEMENT 2 BETWEEN THE CITY OF BOYNTON BEACH AND JUNIPER 3 LANDSCAPING OF FLORIDA, LLC, F/K/A GREENSOURCE LANDSCAPE 4 AND SPORTS TURF, INC., FOR PARK LANDSCAPING SERVICES, WITH 5 AN ANNUAL EXPENDITURE NOT TO EXCEED $275,000; PROVIDING 6 AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City requires landscaping services for City parks; and 9 WHEREAS, on May 20, 2019, the City of Weston, Florida, issued a “Request for Proposals” 10 RFP2019-013 - Parks Maintenance Services - Parks Group A: Regional Park and Heron Park for 11 which they received responses and subsequently awarded contracts to Juniper Landscaping of 12 Florida, LLC f/k/a Greensource Landscape and Sports Turf, Inc. (“Vendor”); and 13 WHEREAS, on March 16, 2020, the City Commission from the City of Weston adopted 14 Resolution No. 2020-25, accepting and ratifying the ranking of the firms under RFP No. 2019-13 15 for Parks Maintenance Services - Parks Group A: Regional Park and Heron Park, and awarding and 16 approving an Agreement with the Vendor; and 17 WHEREAS, in order to provide the City with landscaping services for athletic fields and 18 other landscaping needs, the City’s Parks and Grounds Division is requesting that the City enter 19 into a Piggyback Agreement with the Vendor to provide necessary equipment, products, and 20 related services; and 21 WHEREAS, the City Commission, upon staff's recommendation, has deemed it in the best 22 interests of the City’s citizens and residents to approve the Piggyback Agreement with the Vendor 23 to provide the City with landscaping services, with an annual amount not to exceed $275,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve the Piggyback Agreement with Vendor in form and substance similar to that attached as 30 Exhibit A. 31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 335 RESOLUTION NO. R26-057 authorizes the Mayor to execute the Piggyback Agreement and any ancillary documents as may 33 be necessary to accomplish the purpose of this Resolution. The Mayor is further authorized to 34 execute any Renewals pursuant to the Piggyback Agreement. 35 SECTION 4. The fully executed Piggyback Agreement shall be retained by the City Clerk 36 as a public record of the City, and a copy shall be provided to Andrew Rozwadowski to forward 37 to the Vendor. 38 SECTION 5. This Resolution shall take effect in accordance with the law. 39 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 336 RESOLUTION NO. R26-057 42 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor – Rebecca Shelton _____ _____ 46 47 Vice-Mayor – Thomas Turkin _____ _____ 48 49 Commissioner – Angela Cruz _____ _____ 50 51 Commissioner – Mack McCray _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ ______________________________ 59 Tammy Stanzione Rebecca Shelton 60 Interim City Clerk Mayor 61 62 APPROVED AS TO FORM: 63 (Corporate Seal) 64 65 _______________________________ 66 Shawna G. Lamb 67 City Attorney 68 337 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JUNIPER LANDSCAPING OF FLORIDA, LLC F/K/A GREENSOURCE LANDSCAPE AND SPORTS TURF, INC. This Piggyback Agreement is made as of this __ day of _____________, 2026, by and between JUNIPER LANDSCAPING OF FLORIDA, LLC F/K/A GREENSOURCE LANDSCAPE AND SPORTS TURF, INC., a Florida Limited Liability Company, with a principal address of 4415 Metro Parkway STE 300 FT. MYERS, FL 33916 and an EIN # of 26-4242641 hereinafter referred to as “Vendor,” and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS, on May 20, 2019, The City of Weston, Florida, issued a “Request for Proposals” RFP2019-013 - Parks Maintenance Services - Parks Group A: Regional Park and Heron Park for which they received responses and subsequently awarded contracts to Juniper Landscaping of Florida, LLC f/k/a Greensource Landscape and Sports Turf, Inc.; and WHEREAS, on March 16, 2020, the City Commission from the City of Weston adopted Resolution No. 2020-25, accepting and ratifying the ranking of the firms under RFP No. 2019-13 for Parks Maintenance Services - Parks Group A: Regional Park and Heron Park and awarding and approving an Agreement with Greensource Landscape and Sports Turf, Inc.; and WHEREAS, the City of Weston, having found that the contract was responsive and that the assigned work was performed satisfactorily, executed six previous amendments with the firm for an additional three-year term, from April 1, 2026, through March 31, 2029; and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations method where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to provide the City with landscaping services for athletic fields and other landscaping needs, the City's Parks and Grounds Division is requesting that the City enter into a Piggyback Agreement with the Vendor to provide necessary equipment, products, and related services; and WHEREAS, the Vendor has agreed to allow the City to piggyback the Agreement, from the City of Weston a copy of which is attached as Exhibit “A.”; and 338 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 2 WHEREAS, the vendor has provided a pricing proposal Exhibit “B.” to the City of Boynton Beach that meets the requirements of the Piggyback Procurement Exemption; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until September 31, 2026. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “City of Weston,” an agency of the State of Florida, are hereby replaced with the “City of Boynton Beach.” The City shall compensate the Vendor pursuant to the rates sheet set forth in the Master Agreement for the Services in an amount not to exceed TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($275,000.00) per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Vendor: Juniper Landscaping of Florida, LLC f/k/a Greensource Landscape and Sports Turf, Inc. Contact Name: Duke, Michael B. 4415 Metro Parkway STE 300 Fort Myers, FL 33916 339 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 3 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be emailed to: PWfinancial@bbfl.us Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; 340 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 4 B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 341 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 5 11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 342 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 6 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 343 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 7 25. 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. 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow 344 345 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 9 EXHIBIT “A” AGREEMENT AND BACKUP BETWEEN CITY OF WESTON AND JUNIPER LANDSCAPING OF FLORIDA, LLC F/K/A GREENSOURCE LANDSCAPE AND SPORTS TURF, INC. (CONTRACT NO. #83601V1 EXHIBIT A RFP 2016-13A ) 346 PIGGYBACK CONTRACT – JUNIPER LANDSCAPING OF FLORIDA, LLC Contract # 26-XXXPB 10 EXHIBIT “B” VENDOR PRICING PROPOSAL 347 348 349 350 351 352 353 354 355 356 Contract:RFP No. 2019-13 Parks Maintenance Services - Group A Vendor:Juniper Landscaping of Florida, LLC Effective:May 29, 2020 Exp. Date:March 31, 2029 Renewals: 1 - 3 yr. CPI: February (not to exceed 5%) CPI 1.40%CPI 5%CPI 5%CPI 4.89%CPI 2.86% 10/1/21 - 9/30/22 10/1/22 - 9/30/23 10/1/23 - 9/30/24 10/1/24 - 9/30/25 10/1/25 - 9/30/26 Item No. Description of Task Unit Qty. Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit A1 Regional Park monthly 12 76,649.00$ 77,722.09$ 81,608.19$ 85,688.60$ 89,878.77$ 92,449.31$ A2 Heron Park monthly 12 2,917.00$ 2,957.84$ 3,105.73$ 3,261.02$ 3,420.48$ 3,518.31$ A3 Bermuda Turf Installation (includes removal, disposal, site Sq. ft 20,000 1.73$ 1.75$ 1.84$ 1.93$ 2.03$ 2.09$ A4 Infill re-installation on entire artificial turf field (per field). Infill material provide by the CITY each 1 2,800.00$ 2,839.20$ 2,981.16$ 3,130.22$ 3,283.29$ 3,377.19$ Item Markup A6 30% A7 30% A8 35% A9 35% CPI 1.40%CPI 5%CPI 5%CPI 4.89%CPI 2.86% 10/1/21 - 9/30/22 10/1/22 - 9/30/23 10/1/23 - 9/30/24 10/1/24 - 9/30/25 10/1/25 - 9/30/26 Item No.Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit Cost Per Unit E-1 Square Ft.$0.95 0.96$ 1.01$ 1.06$ 1.11$ 1.15$ E-2 Square Ft.$1.73 1.75$ 1.84$ 1.93$ 2.03$ 2.09$ E-3 Square Ft.$1.73 1.75$ 1.84$ 1.93$ 2.03$ 2.09$ E-4 Square Ft.$1.50 1.52$ 1.60$ 1.68$ 1.76$ 1.81$ E-5 Square Ft.$1.73 1.75$ 1.84$ 1.93$ 2.03$ 2.09$ E-6 Each $4.10 4.16$ 4.37$ 4.58$ 4.81$ 4.95$ E-7 Cu. Yard $78.00 79.09$ 83.05$ 87.20$ 91.46$ 94.08$ E-8 Cu. Yard $79.20 80.31$ 84.32$ 88.54$ 92.87$ 95.53$ E-9 Cu. Yard $81.00 82.13$ 86.24$ 90.55$ 94.98$ 97.70$ E-10 Each $5.65 5.73$ 6.02$ 6.32$ 6.63$ 6.81$ E-11 Cu. Yard $117.50 119.15$ 125.10$ 131.36$ 137.78$ 141.72$ E-12 Cu. Yard $137.84 139.77$ 146.76$ 154.10$ 161.63$ 166.25$ E-13 Cu. Yard $137.84 139.77$ 146.76$ 154.10$ 161.63$ 166.25$ Originally Proposed Pricing UNIT PRICES FOR MATERIALS - SUPPLEMENTAL WORK Volleyball Court Sand Sand Annuals Mix Earthwise Gold Natural Pine Mulch - 2 cu. ft bag Soil 90/10 mix Soil – 80/20 mix Soil – 50/50 mix Spanish Gold Mulch – 2 cu. ft bag Latitude 36 Bermuda Sod Zoysia Sod Celebration Bermuda Sod Tifway 419 Sod St. Augustine “Palmetto” Sod Irrigation Parts & Supplies (based on SiteOne Landscape Supply Chemicals & Fertilizers Description of Task Description Originally Proposed Pricing Tree and Plants (based on “Betrock’s PlantFinder –Wholesale Guide to Miscellaneous building supplies and materials Consumer Price Index - Fee Schedule #70393 357 E-14 Square Ft.$235.00 238.29$ 250.20$ 262.71$ 275.56$ 283.44$ E-15 Ton $113.58 115.17$ 120.93$ 126.98$ 133.18$ 136.99$ E-16 Linear foot $19.85 20.13$ 21.13$ 22.19$ 23.28$ 23.94$ CPI 1.40%CPI 5%CPI 5%CPI 4.89%CPI 2.86% 10/1/21 - 9/30/22 10/1/22 - 9/30/23 10/1/23 - 9/30/24 10/1/24 - 9/30/25 10/1/25 - 9/30/26 Item No.Unit Cost Per Hour Cost Per Hour Cost Per Hour Cost Per Unit Cost Per Unit Cost Per Unit E-1 Hourly $38.00 38.53$ 40.46$ 42.48$ 44.56$ 45.83$ E-2 Hourly $38.00 38.53$ 40.46$ 42.48$ 44.56$ 45.83$ E-3 Hourly $55.00 55.77$ 58.56$ 61.49$ 64.49$ 66.34$ E-4 Hourly $55.00 55.77$ 58.56$ 61.49$ 64.49$ 66.34$ E-5 Hourly $55.00 55.77$ 58.56$ 61.49$ 64.49$ 66.34$ E-6 Hourly $50.00 50.70$ 53.24$ 55.90$ 58.63$ 60.31$ E-7 Hourly $80.00 81.12$ 85.18$ 89.43$ 93.81$ 96.49$ E-8 Hourly $70.00 70.98$ 74.53$ 78.26$ 82.08$ 84.43$ E-9 Hourly $70.00 70.98$ 74.53$ 78.26$ 82.08$ 84.43$ E-10 Hourly $250.00 253.50$ 266.18$ 279.48$ 293.15$ 301.53$ E-11 Hourly $135.00 136.89$ 143.73$ 150.92$ 158.30$ 162.83$ E-12 Hourly $80.00 81.12$ 85.18$ 89.43$ 93.81$ 96.49$ E-13 Hourly $165.00 167.31$ 175.68$ 184.46$ 193.48$ 199.01$ E-14 Hourly $190.00 192.66$ 202.29$ 212.41$ 222.79$ 229.17$ E-15 Hourly $45.00 45.63$ 47.91$ 50.31$ 52.77$ 54.28$ E-16 Hourly $70.00 70.98$ 74.53$ 78.26$ 82.08$ 84.43$ E-17 Hourly $180.00 182.52$ 191.65$ 201.23$ 211.07$ 217.10$ Laser Grading of Sports Field Originally Proposed Pricing UNIT PRICES FOR LABOR and EQUIPMENT - SUPPLEMENTAL WORK Spray Technician Water Truck w/operator Bucket truck w/operator Chipper truck w/operator Climber/trimmer Work boat w/operator 75 ton crane w/operator 18 yard dump truck w/driver Front end loader w/operator Bobcat w/operator Graduate Horticulturist Supervisor/Foreman Large Equipment Operator Irrigation Technician - Certified Irrigation Helper Laborer/Groundskeeper Description Bio-Barrier 12” Root Barrier Field Clay for Baseball/Softball Infields and Pitcher’s Mounds Crimson Stone for Baseball/Softball Warning Tracks (Installed ½ inch #70393 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 From Fee Schedule Item No. hrs E-5 Staffing 40 160 66.34$ 10,614.40$ E-1 Staffing 40 160 45.83$ 7,332.80$ E-2 Irrigation 25 25 45.85$ 1,146.25$ 19,093.45$ Proposed based on Weston Pricing 19,127.00$ Current invoice Additional Savings per month 33.55$ Diff +/- Boynton Beach Proposal 435 Proposed based on Weston Pricing Current invoice 436 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY C 1,000,000 07/01/2026 GSA4639112661-01 Deductible: $500,000 100,000 CLE-007374154-01 1,000,000 01/01/2026 10,000,000 PS4069459 (WI) X 07/01/2025 15105 10,000,000 Ded:$10K /Limit:EV20184607-07 N 07/01/2025 X 07/01/2025 07/01/2025 Mercer Insurance Company F 1 07/01/2026 01/01/2025 E 07/01/2026 CA6676920 D Professional Liability B 2,000,000 41718 1,000,000 16691 Safety National Casualty Corporation 1,000,000 X G X 07/03/2025 3,000,000 07/01/2025 2,000,000 Regarding the General Liability, The City of Boynton Beach, its officers, employees and agents is/are included as additional insured where required by written contract with respect to general and auto liability. Waiver of subrogation is applicable where required by written contract. Umbrella is follow form of primary subject to policy terms, conditions and exclusions. X 07/01/2026 07/01/2025 Fire Damage Boynton Beach, FL 33435 City of Boynton Beach American Guarantee & Liability Insurance Co. H 01/01/2025 EXT30091805100 ($1Mxs$4M) A Endurance American Specialty Insurance Company Great American Insurance Co. CN138350647---25-26 Ded.:$5K /Limit: 10,000 07/01/2026 5,000,000 TUE 3161764 06 ($5M Primary) 07/01/2026 Pollution Liability B 22200099900 ($2Mxs$2M primary) 2,000,000 20559 100,000 1,000,000 01/01/2026 LDS4069460 (FL,NC,PA,SC,TX) 07/01/2026AEC 6661232-02 ($5Mxs$5M) 1050 CONNECTICUT AVENUE, SUITE 700 MARSH USA LLC. X WASHINGTON, DC 20036-5386 4415 Metro Pkwy Juniper Landscaping of Florida, LLC Fort Myers, FL 33916-9425 Ste 300 X VPPL022057 07/01/2025 P. O. Box 310 Y Y Y 07/01/2025Y B Y 07/01/2026 General Security Indemnity Company Of AZ Y 437 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Prestige Property Maintenance, Inc.� � Shooter & Lindsey, LLC� Installation Floater Limit/Deductible: $250,000 / $1,000� -----------------------------------------------------------------------------------------� Juniper Landscape Services, LLC� Juniper of Bradenton, LLC� � 22 � Leased & Rented Equipment and Installation Floater:� Washington �� �� � -----------------------------------------------------------------------------------------� �� INSURERS AFFORDING COVERAGE/NAIC #�� INSURER H: Capital Specialty Ins Corp ()�� INSURER G: Gemini Insurance Company (10833)�� Certificate of Liability Insurance Coast to Coast Landscaping, LLC� CN138350647 Carrier: Munich Re Syndicate 457 at Lloyd's of London � Landscape Logistics LLC� Dates: 07/01/2025 - 07/01/2026� Rips Professional Lawncare, LLC� Leased & Rented Equipment Limit/Deductible: $500,000 / $2,500� � � Juniper Landscaping Holdings LLC� Juniper Landscaping Shared Services, LLC� Juniper Landscaping of Florida, LLC� Davis Landscape LTD� MARSH USA LLC.� 4415 Metro Pkwy� Juniper Landscaping of Florida, LLC� Fort Myers, FL 33916-9425 Ste 300� The above captioned policies include coverage for the following entities:� Elegant Landscape and Design Inc.� Landscape Maintenance Professionals, LLC� 25 Policy#: 01MRCM0001043-00 � 438 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-058- Amend and modify the subscription services order form originally approved by the City Manager for $74,210 to add Smart Automated Testing Services from Kainos WorkSmart, Inc. in the amount of $298,980 for a three- year term, plus a contingency allowance of $40,000, bringing the new contract amount to $413,190, pursuant to the Sole Source Procurement Exemption. Requested Action: Staff recommends the approval of Proposed Resolution No. 26-058. Explanation of Request: The City of Boynton Beach is currently implementing Workday, a cloud-based enterprise resource planning (ERP) platform, to modernize operations across Human Capital Management (HCM), Finance, Security, and Payroll. As part of a successful Workday implementation, comprehensive and structured testing is required to validate system configurations, integrations, and data integrity prior to go-live and throughout ongoing system updates. To support this effort, staff evaluated automated testing solutions purpose-built for Workday environments. Following that review, staff recommends awarding a contract to Kainos for their Smart Test platform. Kainos Smart Test is a Workday-native automated testing tool that enables the City to efficiently validate system changes, reduce manual testing effort, and minimize implementation risk. This purchase is being made pursuant to the Sole Source Procurement Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. This section permits sole-source services and purchases when it is determined that only one viable source is available. Such circumstances may include, but are not limited to, repairs or additions from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed distributors, or proprietary items. Kainos has submitted the required documentation to the City, and the Procurement Division has affirmed that the documentation for this purchase meets the Sole Source Procurement Exemption criteria. 439 The following justification supports this determination: 1. Unique and Proprietary Solution Kainos Smart Test is the only Workday-approved automated testing service designed exclusively for the Workday platform. Kainos is the sole developer and exclusive provider of this solution, and no other vendor offers a comparable product capable of meeting the City's requirements. Generic testing tools are not a viable alternative, as maintaining them would require an estimated 100 person- days per week of staff effort to keep pace with Workday's weekly software releases — a burden that is neither practical nor cost-effective for the City. 2. Workday-Approved and Workday-Integrated Kainos is the only select software partner authorized by Workday to offer a pre-built automated testing service for the Workday platform. Kainos receives access to Workday's development environment prior to public release, enabling weekly updates to Smart Test that keep the City's testing suite continuously synchronized with Workday updates at no additional maintenance cost to the City. 3. Existing Sole Source Relationship The City previously entered into an agreement with Kainos for the first phase of this engagement as a sole source / professional services procurement. This contract represents a continuation and expansion of that existing relationship. Awarding to a different vendor is not feasible, as Kainos is the exclusive provider of the onboarding methodology and services required to deploy and utilize Smart Test. 4. Sole Source Letter from Vendor Kainos has provided a formal sole source letter, dated November 2025, signed by Matt Palmer, Vice President of Americas, confirming that no comparative quotations can be obtained and that Kainos is the sole developer and exclusive provider of Kainos Smart Test. 5. Public Sector Precedent Kainos Smart Test is currently utilized by over 460 organizations to test their Workday implementations, including numerous public sector institutions. Workday itself uses Kainos Smart Test to validate its own internal Workday environment. Based on the above, staff has determined that competition for this service is not practicable, and that procurement through a sole source award is in the best interest of the City. Staff respectfully requests Commission approval to amend the existing agreement with Kainos, currently valued at $74,210, to incorporate additional Smart Test options. The proposed amendment would increase the contract by $298,980 over three years, plus a contingency allowance of $40,000 applied within the same term, resulting in a new contract total of $413,190.00 over three years. How will this affect city programs or services? This amendment will have no negative impact on City programs or services. In fact, it supports the opposite — by ensuring the Workday implementation is thoroughly tested before go-live, the City reduces the risk of system errors, payroll disruptions, or data integrity issues that could directly affect employees 440 and day-to-day operations. Automated testing through Kainos Smart Test provides a proactive safeguard that protects the continuity of City services throughout the implementation and beyond. Account Line Item and Description: TBD Fiscal Impact: $413,190.00 over three years Attachments: R26-058 Agenda_Item_4488-2026_Resolution_for_Kainos_Smart_Test_Purchase (1).docx Exhibit A to Resolution - PID 224173 Subscription Service Additional Order Form Kainos Smart Sole Sourced Justification Letter - CBB.pdf Order form $74,210 2026-2028.pdf Name change 441 RESOLUTION NO. R26-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE AMENDMENT AND 2 MODIFICATION OF THE SUBSCRIPTION SERVICES ORDER ORIGINALLY 3 APPROVED BY THE CITY MANAGER FOR $74,210 TO ADD SMART 4 AUTOMATED TESTING SERVICES FROM KAINOS WORKSMART INC., 5 IN THE AMOUNT OF $298,980 FOR A THREE-YEAR TERM, PLUS A 6 CONTINGENCY ALLOWANCE OF $40,000, BRINGING THE NEW 7 CONTRACT TOTAL TO $413,190, PURSUANT TO THE SOLE SOURCE 8 PROCUREMENT EXEMPTION; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the City of Boynton Beach is currently implementing Workday, a cloud-based 11 enterprise resource planning (“ERP”) platform, to modernize operations across Human Capital 12 Management (“HCM”), Finance, Security, and Payroll. As part of a successful Workday 13 implementation, comprehensive and structured testing is required to validate system 14 configurations, integrations, and data integrity prior to go-live and throughout ongoing system 15 updates; and 16 WHEREAS, the City entered into a Kainos Subscription Service Order Form in the amount 17 of $74,210 for the purchase of the Smart Audit Subscription Service; and 18 WHEREAS, to support this effort, staff evaluated automated testing solutions purpose-19 built for Workday environments. Following that review, the staff recommends purchasing 20 additional services from Kainos for their Smart Test platform. Kainos Smart Test is a Workday-21 native automated testing tool that enables the City to efficiently validate system changes, reduce 22 manual testing effort, and minimize implementation risk; and 23 WHEREAS, this purchase is being made pursuant to the Sole Source Procurement 24 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. 25 This section permits sole-source services and purchases when it is determined that only one viable 26 source is available. Such circumstances may include, but are not limited to, repairs or additions 27 from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed 28 distributors, or proprietary items. Kainos has submitted the required documentation to the City, 29 and the Procurement Division has affirmed that the documentation for this purchase meets the 30 Sole Source Procurement Exemption criteria; and 31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 32 442 RESOLUTION NO. R26-058 best interests of the City’s citizens and residents to approve the amendment and modification of 33 the subscription services order form originally approved by the City Manager in the amount of 34 $74,210 to add Smart Test Automated Testing Services from Kainos WorkSmart Inc., in the amount 35 of $298.980 for a three-year term, plus a contingency allowance of $40,000, bringing the new 36 amount payable total to $413,190, pursuant to the Sole Source Procurement Exemption. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve the amendment and modification of the subscription services order form originally 44 approved by the City Manager in the amount of $74,210 to add Smart Test Automated Testing 45 Services from Kainos WorkSmart Inc., in the amount of $298,980 for a three-year term, plus a 46 contingency allowance of $40,000, bringing the new amount payable total to $413,190, pursuant 47 to the Sole Source Procurement Exemption. , as further detailed in the Kainos Subscription Service 48 Additional Order Form, attached hereto as Exhibit A. 49 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the Mayor to execute the Order Form. The Mayor is further authorized to execute any 51 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 52 SECTION 4. The City Clerk shall retain the fully executed Order Form as a public record 53 of the City. A copy of the fully executed Order Form shall be provided to Andrew Rozwadowski 54 to forward to the Vendor. 55 SECTION 5. This Resolution shall take effect in accordance with the law. 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 58 443 RESOLUTION NO. R26-058 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice-Mayor – Thomas Turkin _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Mack McCray _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Tammy Stanzione, CMC Rebecca Shelton 76 Interim City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 444 Kainos Subscription Service Additional Order Form Status Definitive Security Confidential Version No. 5.0 445 KAINOS SUBSCRIPTION SERVICE ADDITIONAL ORDER FORM Customer Details Customer Name City of Boynton Beach Registered Office Address 100 East Ocean Avenue Boynton Beach, Fl 33435 Customer Contact, Phone, Email Dan Dugger I 561,742,6010 I dugger@bbfl.us Invoice Contact, Phone, Email Dan Dugger I 561,742,6010 I dugger@bbfl.us Hosting Platform USA Kainos Details Kainos Name Kainos WorkSmart Inc Registered Office Address Suite 4300, 111 Monument Circle Indianapolis, Indiana 46204, USA Kainos Contact, Phone, Email Michael Bingham I michael.bingham@kainos.com Contract Reference (PID) 224173 Subscription Term Start Date Day 13 Month April Year 2026 End Date Day 12 Month April Year 2029 Subscription Service Modules Selected Built on Workday Smart Audit Subscription Service Segregation of Duties ☐ ✓ Privileged Access & Security Design Validation ☐ User Activity Monitoring ☐ Configuration Change Detection ☐ User Access Review ☐ Smart Shield Subscription Service N/A ☐ Smart Test Subscription Service Advanced Compensation ☐ Financials ✓ HCM ✓ Payroll ✓ Recruitment ☐ Security ✓ Talent and Performance ☐ Learning ☐ Kainos EDM N/A ☐ Charging Band(s) Staff Number (FSE) Subscription Service Charge (Annual) Up to 1,000 $72,000 ✓ 1,001 – 2,000 $86,400 ☐ 2,001 – 3,000 $103,680 ☐ Summary of Charges Services Invoice Amount Frequency Duration Total Smart Test Gold Subscription Service (Up to 4k Staff Number) $72,000 Annually in advance 5% uplift pr year. 3 years $226,980 Smart Test Post-Deployment Onboarding (Up to 4k FSE) $72,000 On signature N/A $72,000 Total Charges $298,980 Terms 1. The Subscription Service is governed by the same terms and conditions as your existing Order for Audit with PID 222275. The Security Program will apply to any additional Subscription Service selected. Customer Kainos 446 Signature Signature Print Name Print Name Title Title Date Date 447 © KAINOS 2025 PAGE: 1 OF 3 November 2025 To: Alan Lawson, Director of Finance, City of Boynton Beach From: Matt Palmer, Kainos RE: Single source request for a data masking tool for Workday, and an automated testing tool for Workday City of Boynton Beach is requesting the purchase of Kainos Smart Shield,and therefore are requesting a sole source letter from Kainos. Kainos Smart Shield will be the key data masking tool of City of Boynton Beach’s Workday environment. Kainos Smart Shield Smart Shield is a cloud solution and part of the Kainos Smart suite. It is a gateway that functions as a data-transformation layer sitting between your Workday non-production tenant and the users browser. The gateway recognizes fields by a unique identifier and determines if the value will be displayed or masked based on data-privacy controls. All users are assigned to a Smart Shield profile that will determine their access. The profile states what data elements and fields a user can see and for how long. Data transformation works before the page is rendered and fields/elements to be masked are replaced with ‘Xs’ if alpha or alpha/numeric and ‘0’s’ if numeric. Profile creation and management is controlled in the Smart Shield administration portal. The client super user will have access to the Smart Shield administration area so they can configure profiles, assign users to profiles as-well-as the tenant(s) Smart Shield is provisioned on. When a user is no longer assigned to a profile then they will not be able to access the Workday tenant. Customers can enable users to only access their Workday tenant via Smart Shield through the Workday Authentication Policy. Whilst there are several other scrambling options, none of them are suitable at this stage. The limitations of other solutions are as follows: - Does not support Sandbox environment - Does not support masking Performance Reviews - Value of data is diminished - Masked data cannot be updated - No fine-tuned controls The limitations above are all requirements for City of Boynton VB, rendering those other solutions unsuitable. 448 © KAINOS 2025 PAGE: 2 OF 3 Kainos Smart Test Kainos are uniquely credentialed to be your testing partners and Kainos Smart Test is the only Workday Approved automated testing service that has been designed exclusively to work for Workday. Additionally, Kainos is the sole developer and exclusive provider of the Onboarding services, including the methodology, required to utilize the offering. Workday themselves use Kainos Smart Test to test their own internal Workday project. • Kainos are both an implementation and software partner of Workday. We are certified as an implementation partner to deploy Workday, much like the likes of Deloitte, Accenture (and Workday themselves). For avoidance of doubt, the Kainos Smart automated testing service is mutually exclusive from the implementation portion of our business. Kainos are the only select software partner to offer a pre-built automated testing service designed specifically for Workday. Furthermore, Kainos is the only vendor who can deploy the Kainos Smart Test for our customers. Please see the following public facing links for supporting information around Kainos’ position in this space; o https://www.kainos.com/workday/products/smart-test o https://www.workday.com/en-us/company/partners/software- partners.html?q=&partnerType=Software%20Partner&category_subcat=Cros s%20Application_Testing%20Tools&program=Select%20Partner • Kainos Smart Test is always in sync with Workday. Kainos can do this because Workday give us access to their development software before it is released to clients. Workday release a new version of their software every week; Kainos release a version of our Smart software every week also to reflect the Workday changes. This means that our clients always have an up-to-date suite of test automation without having to invest any additional automation maintenance effort. If a Workday customer was to use a generic test automation tool, it is the customer who has to maintain the automation and update the scripts each week. The effort to keep the test automation up to date is 100 person days per week. More crucially however is the time duration to complete the work. Assuming the customer was able to complete the test automation each week, there would immediately be a new version of the software to test so you are always playing catch up and never in sync. It is therefore not practical for any Workday customer to write their own test automation. It is for this reason that IBM, who have a number of generic automation testing products, use Kainos Smart Test to test their Workday application. • Kainos have invested over 270 people years in the product to date in terms of development. We have a 70+ person product team working full time developing new functionality for the product. 449 © KAINOS 2025 PAGE: 3 OF 3 • There are currently over 460 organizations using Kainos Smart to test their Workday implementations, during deployment and in post-production. These include a number of Public Sector institutions like University of Washington, University of Southern California and Arizona State University. In addition, Workday themselves use Kainos Smart Test to test their own internal Workday project. Kainos Smart Test allows you to test your HR and Financial business processes, Payroll configuration, Integrations, Reports and Security. • An existing customer, Cardinal Health tried to implement a generic automation testing framework and ultimately, were unsuccessful. Since then, they have adopted Kainos Smart Test and have realised significant savings. Further details can be found in the following case study. • Kainos have over 30 years’ of experience of testing complex software environments and have the skills, discipline and know-how that is necessary to test mission critical services. Please consider this a sole source request as no comparative quotations can be obtained. Kainos is the sole developer and exclusive provider of Kainos Smart Test. Sincerely, Matt Palmer Vice President America’s 450 co Y O ir p ' P TON MEMO To: Daniel Dugger, City Manager From: Stacey R. yNeinger, Deputy City AttornebA) Date: January 1 , 2026 Dept. ITS Matter# 25-01967 Re: Kainos; Software Subscription Transmitted herewith is a document that has been reviewed and approved for legal sufficiency. Kindly forward the document, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute the document in accordance with: O Resolution No. R24-011; Resolution No. R25-200 Contract Amount: $74,210 Contract Term: 2 years To: Office of the City Clerk Please: Ensure the document is signed by the City Manager and dated. Please retain the document as a public record and forward a copy of the fully executed document to: Fred Harris, ITS To: Fred Harris, ITS Please forward the fully signed document to the other party. 451 Docusign Envelope ID CBOD1DE4-DA9D-430E-9437-1BA466383642 kains ® 3 zi e00...cif I" Ili -1".1 - s,' i f1 \` l if s I/,. \.,,, / ; t r A i i47_____ Kainos Subscription Service Order Form Status Definitive Security Confidential Version No. 5 0 452 Docusign Envelope ID:CBOD1DE4-DA9D-430E-9437-1BA466383642 KAINOS SUBSCRIPTION SERVICE ORDER FORM customer Details Customer Name City Of Boynton Beach Registered Office Address 100 East Ocean Avenue Boynton Beach,Fl 33435 Customer Contact,Phone,Email Dan Dugger, 561 742.6010,dugger@bbfl.us Invoice Contact,Phone, Email Dan Dugger, 561.742.6010,dugger@bbfl.us Hosting Platform USA Kainos Details Kainos Name Kainos WorkSmart Limited Registered Office Address Suite 4300, 111 Monument Circle Indianapolis, Indiana 46204,USA Kainos Contact,Phone, Email Michael Bingham,+l 470 467 8596,michael.bingham@kainos.com Contract Reference (PID) 222275 IMP 11111111111111111==111111.1111.1. Start Date Day 05 Month 01 Year 2026 End Date Day 04 Month 01 Year 2028 Subscri•lion Service •Modules Selected Built on Workday Segregation of Duties Privileged Access& Security Design Validation Smart Audit Subscription Service User ActivityMonitoringConfiguration Change Detection User Access Review Smart Shield Subscription Service N/A 0 Advanced 0 Corn.ensation Financials Smart Test Subscription Service HCM 0 Payroll Recruitment Security 0 Talent and Performance Learning 0 Kainos EU'. N/A 0 Staff Number(FSE) Subscription Service Charge(Annual) Up to 1000 36.200 Services Invoice Amount Frequency Duration Total Annually in Smart Audit Subscription Service$36,200 advance 5%uplift 2 vt-cv, 74,210 per year. Total Charges 74,210 Customer Kainos Signatur; Sig @nod by: D P F88210 A14C 4 Print Name Dan Dugger Print Name Padraig Callaghan TitleCi}M 140tr.gscr Title EVP Americas Date 07-01-2026 7:48 AM PST NT• . The Order Form and the Terms of Use an•r • c• r al Terms are accepted on signature. O :'ore 't . l 1 EAI,, y.,CITY ATTORNEY'S OFFICE i cj S S gApprov:d am!,firm and legality 1NCigz0 • 1il I%. FLOR P-453 Docusign Envelope ID CBOD1DE4-DA9D-430E-9437-1BA466383642 ADDENDUM ADDITIONAL TERMS — SOFTWARE I SAAS ADDITIONAL TERMS FOR KAINOS SMART AUDIT SUBSCRIPTION The terms of this Addendum supplement the Agreement with the City of Boynton Beach and the Terms (as defined below). If there is any conflict between the Agreement and this Addendum, this Addendum shall control. PUBLIC RECORDS The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat., or as otherwise provided by law, C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK(a BBFL.US CONFIDENTIALITY. If the Agreement contains any confidentiality obligations, any such provisions are subject to Chapter 119, Florida Statutes, mandates. The Agreement and any information provided by Contractor to the City may fall within the disclosure requirements of Chapter 119, Fla. Stat The Contractor must clearly label and mark each page or section of any tangible documents(excluding internet-based Confidential Information) provided to the City in connection with the Agreement that it considers proprietary information or otherwise confidential or exempt from Chapter 119, Fla. Stat. If the City receives a public records request regarding the Contractor's Confidential Information, it will notify the Contractor in writing or electronically. If the Contractor continues to assert in good faith that the information is confidential or exempt from disclosure pursuant to Chapter 119. Fla Stat.. then the Contractor shall be solely responsible for defending its position or seeking a judicial declaration. Nothing in this Agreement shall create an obligation or duty for the City to defend or justify the Contractor's position. Any requirements in the Agreement that require the City to destroy Confidential Information belonging to the City upon termination of the Agreement are hereby deemed null and void. 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, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor 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 Statutes. Contractor represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. VERIFICATION OF EMPLOYMENT ELIGIBILITY. Contractor represents that Contractor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department 454 Docusign Envelope ID CBOD1DE4-DA9D-430E-9437-1BA466383642 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 Contractor violates this section, City may immediately terminate this Agreement for cause, and Contractor shall be liable for all costs incurred by City due to the termination. PUBLIC ENTITY CRIMES ACT. Contractor 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. Contractor 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 Contractor has been placed on the convicted vendor list. ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to an individual's personal identifying information under this Agreement. Accordingly, Contractor represents and certifies: (i) 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 Contractor; and (iii) 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 or the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement, Contractor 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. 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. ANTI-HUMAN TRAFFICKING.On or before the Effective Date of the Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. INVOICES AND PAYMENT. Notwithstanding Section 2.2 of the Subscription Service Terms of Use or any other provision in the Agreement requiring payment within thirty (30) days, all payments shall be made in accordance with the Local Government Prompt Payment Act, Section 218.70 et seq.,Florida Statutes . Interest on late payments, if any. shall be calculated in accordance with Section 218.74, Florida Statutes. VENUE, WAIVER OF JURY TRIAL. The exclusive venue for any lawsuit arising from, related to. or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim 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 ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. INDEMNIFICATION. [Not used]. 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. NO AUTO-RENEWAL.This Agreement shall expire on December 31,2027,and shall not automatically renew. Any continuation of services beyond the expiration date requires a new written agreement executed by both parties. ON-SITE SERVICES AND TRAVEL REIMBURSEMENT. Any on-site attendance by Contractor at City facilities requires City's advance written approval. If City approves on-site services, reimbursement for travel expenses shall be limited to rates established by the U.S. General Services Administration (GSA) for the relevant location and shall not exceed GSA per diem rates for lodging, meals, and incidental expenses. No reimbursement shall be made for expenses not pre-approved in writing by the City, or that exceed GSA rates. Contractor shall submit expense reimbursement requests within thirty (30) days of the on-site visit. This provision modifies and supersedes Sections 1.4 and 2.2 of the Subscription Service Terms of Use. INSURANCE. Contractor shall maintain the following minimum insurance coverage throughout the term of this Agreement. a Commercial General Liability: $1,000,000 per occurrence/$2,000,000 aggregate b. Professional Liability/Errors&Omissions: $1,000,000 per claim/$2,000,000 aggregate c. Cyber Liability Insurance. $2,000,000 per claim/$2,000,000 aggregate d. Workers' Compensation Statutory limits Contractor shall provide certificates of insurance naming City as additional insured prior to contract execution and annually thereafter. 455 Docusign Envelope ID'CBOD1DE4-DA9D-430E-9437-1BA466383642 ORDER OF PRECEDENCE. In the event of any conflict or inconsistency between or among the terms of the contract documents, the following order of precedence shall apply: 1. This Addendum (Addendum Additional Terms—Software/SaaS) 2. City of Boynton Beach Order Form 3. Kainos Subscription Service Order Form 4. Kainos Subscription Service Terms of Use (Version 13.0) 5. Service Level Agreement(SLA) 6. Data Processing Agreement(DPA) 7. Any other attachments or exhibits This order of precedence modifies and supersedes Section 12.14 of the Subscription Service Terms of Use the"Terms"). SOFTWARE AS A SERVICE (SAAS)AND TECHNOLOGY PROVISIONS DATA OWNERSHIP AND PORTABILITY. For SaaS and technology services, the City retains full ownership of all data entered into, processed by. or generated through Contractor's systems. Upon termination or expiration of this Agreement, on the City's written request Contractor shall provide the City with all Personal Data (as defined in the Terms) in a standard, machine-readable format at no additional cost within thirty (30) days Contractor shall not retain any copies of City data except as required by law. DATA SECURITY AND PRIVACY. Contractor shall implement and maintain industry-standard security measures to protect City data, including but not limited to encryption in transit and at rest, access controls, regular security assessments, and employee background checks for personnel with access to City systems. Contractor shall immediately notify the City of any actual or suspected data breach, security incident, or unauthorized access within twenty-four(24) hours of discovery. SERVICE LEVEL AGREEMENTS. For technology services, Contractor shall maintain system uptime of at least 99.5%during business hours(8:00 AM to 5:00 PM EST, Monday through Friday,excluding City holidays). Planned maintenance requiring system downtime must be scheduled with at least 24 hours'advance notice to the City BUSINESS CONTINUITY AND DISASTER RECOVERY. Contractor shall maintain appropriate backup and disaster recovery procedures to ensure continuity of services and data protection. Contractor shall provide the City with a copy of Its disaster recovery plan upon request and demonstrate successful recovery procedures annually. COMPLIANCE WITH APPLICABLE LAWS. For technology services involving personal data, Contractor shall comply with all applicable federal, state, and local privacy laws, including but not limited to HIPAA (if applicable), FERPA(if applicable), and any Florida data protection statutes. Contractor shall provide evidence of compliance upon City's request. TECHNOLOGY SUPPORT AND MAINTENANCE. Contractor shall provide ongoing technical support during normal business hours and shall respond to critical issues within four (4) hours. Contractor shall maintain current versions of all software and security patches unless otherwise agreed in writing. VENDOR LOCK-IN PREVENTION. Contractor agrees not to implement any technical or contractual barriers that would prevent the City from migrating to alternative solutions. This includes providing necessary APIs, data exports, and reasonable transition assistance upon contract termination. HOSTING LOCATION. Contractor confirms that all City data shall be hosted exclusively within the continental United States and shall not be hosted outside the United States without the City's express prior written consent. r Signed by: By si ,_. o , gip,; Mtractor agrees to the terms in this Addendum. Name:illirli6 tAlf=ghanNa Title: EVP Americas Date: 07-01-2026 17.48 AM PST 456 0 docusign Certificate Of Completion Envelope Id:0A01C94E-3A21-4134-93D8-B9BF006DA667 Status Sent Subject:Complete with Docusign Smat Audit OF_City of Boynton_MSC_v3.0(RO).docx.pdf Source Envelope: Document Pages:5 Signatures:0 Envelope Originator: Certificate Pages:3 Initials 0 Kainos Commercial AutoNav:Enabled 4-6 Upper Crescent Envelopeld Stamping:Enabled Belfast.R3 BT7 1NT Time Zone:(UTC)Dublin,Edinburgh, Lisbon. London legaldocusign@kainos.com IP Address: 165.225.209.70 Record Tracking Status:Original Holder:Kainos Commercial Location:DocuSign 1/9/2026 3:24:00 PM legaldocusign@kainos.com Signer Events Signature Timestamp 11111.1111.11 Dan Dugger Sent: 1/9/2026 6:56:31 PM cityattorney@bbfl.us Viewed 1/9/2026 7:31:22 PM Security Level: Email,Account Authentication None) Electronic Record and Signature Disclosure: Accepted: 1/9/2026 7:31:22 PM ID:34620874-b052-4cac-b8e4-3d138a5c9cba In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp 111111111111111 Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp AIM Fred Harris COPIED Sent 1/9/2026 6.56 34 PM harrisf@bbfl.us Viewed: 1/9/2026 6:57:36 PM Security Level: Email,Account Authentication None) Electronic Record and Signature Disclosure: Accepted: 1/5/2026 6:03:06 PM ID:5d39c114-1e6a-42a6-a382-f16443625121 Michael Bingham michael.bingham@kainos com Security Level Email,Account Authentication None) Electronic Record and Signature Disclosure: Accepted: 10/27/2022 12:40 14 PM ID:b388c013-8bb0-4517-9ec1-1a573f6cf17b Milan Singh-Cheema milan singh-cheema@kainos.com Security Level: Email,Account Authentication None) Electronic Record and Signature Disclosure: Not Offered via Docusign 457 Carbon Copy Events Status Timestamp Veda Maharaj veda.maharaj@kainos.com Security Level:Email,Account Authentication None) Electronic Record and Signature Disclosure: Not Offered via Docusign Kainos Commercial legaldocusign@kainos.com Security Level:Email,Account Authentication None) Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/9/2026 3:38 12 PM Certified Delivered Security Checked 1/9/2026 7:31:22 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 458 Electronic Record and Signature Disclosure created on:7/18/2019 2:0418 PM Parties agreed to:Dan Dugger,Fred Harris,Michael Bingham DISCLOSURE From time to time,Kainos Software Limited(we, us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign)Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the'I agree'button at the bottom of this document. Getting paper copies As long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time usually 30 days)after such documents are first sent to you. How to contact Kainos Software Limited: To contact us by email send messages to: kainoscommercial@kainos.com Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically,which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. By checking the'I Agree'box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access. 459 1,„. MEMO To: Daniel Dugger, City Manager From: Ian Gregorchik, Assistant City Attorney I ki. '- Date: March l9 , 2026 Dept. Procurement Matter# 26-02170 Re: Kainos WorkSmart Limited; Software Subscription; Name change to Kainos WorkSmart Inc. Transmitted herewith is a document that has been reviewed and approved for legal sufficiency. Kindly forward the document, along with this memo,to the City Clerk's Office. The City Manager is authorized to execute the document in accordance with: D Resolution No. R24-011; Resolution No. R25-200 Contract Amount:$0 name change To: Office of the City Clerk Please: Ensure the document is signed by the City Manager and dated. Please retain the document as a public record and forward a copy of the fully executed document to: Andrew Rozwadowski, Procurement To: Andrew Rozwadowski, Procurement Please forward the fully signed document to the other party. 460 Docusign Envelope ID 4C3AA489-25E4-4B95-A827-78A5A612FFF2 kain . s ® i i, l yr , 7 e_____.„--, SFr" i, s 4.ifet;ti - 1 i r V. t Kainos Change Request Status Definitive Security Confidential Version No. 2.0 461 Docusign Envelope ID:4C3AA489-25E4-4B95-A827-78A5A612FFF2 Kainos I Change Request Issue:2.0 KAINOS I CHANGE REQUEST Part A Kainos Entity: Kainos WorkSmart Inc. Kainos Contact: Michael Bingham,+1 470 467 8596, michael.bingham@kainos.com Change Request Reference:PID222275 v1.0 Original Contract Reference:PID222275 Original Contract Name:PID222275_City of Boynton Beach_Subscription Service Order Form The Terms and Conditions of the Original Contract apply except to the extent amended in this Change Request. Part B Customer Name:City Of Boynton Beach Title of Change Request:Contracting entity change and administrative requirements. Part C a •"` v O]Cost (plus VAT and expenses,if any):N/A Impacted By:N/A Security Review:N/A Operational Impact(s): N/A Details of Change:All rights,obligations,and liabilities of Kainos Worksmart Limited under the Original Contract are hereby assigned to and assumed by Kainos Worksmart Inc. For the avoidance of doubt, Kainos Worksmart Inc.shall be deemed to have been the contracting party in respect of the Original Contract as of its effective date. Signed by the Customer Signed by Kainos Signature SIgned by. r Name Print Name raDA14CC 1A39y-e- Title Cl . Ste. Title EVP Americas Date 3 .73 a6 Date 19-03-2026 I 8:02 AM PDT CITY ATTORNEY'S OFFICE Approv as form an legality By: A&- v CONFIDENTIAL 2 462 0 docusign Certificate Of Completion Envelope Id.4C3AA489-25E4-4B95-A827-78A5A612FFF2 Status:Completed Subject:Complete with Docusign:PID222275_Kainos Change Request_City of Boynton_MSC_v2.0(RO).docx Source Envelope: Document Pages:2 Signatures: 1 Envelope Originator: Certificate Pages:3 Initials:0 Kainos Commercial AutoNav:Enabled 4-6 Upper Crescent Envelopeld Stamping:Enabled Belfast,R3 BT7 1 NT Time Zone:(UTC)Dublin,Edinburgh,Lisbon,London legaldocusign©kainos.com IP Address: 165.225.209.51 Record Tracking Status:Original Holder:Kainos Commercial Location:DocuSign 3/17/2026 7:44:56 PM legaldocusign@kainos.com Signer Events Signature Timestamp Padraig Callaghan 31p ni"tl by: Sent:3/17/2026 7:44:57 PM p.callaghan©kainos.com Paar aivl (aU.a(uun. Viewed:3/19/2026 3:02:16 PM s—FBB210373DAI CC EVP Americas Signed:3/19/2026 3:02:41 PM EVP Americas Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style None) Using IP Address:136.226.77.90 Electronic Record and Signature Disclosure: Accepted:7/25/2019 2:32:57 PM ID:9e5d74f1-5f7b-4ab5-aa44-73e336031882 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Michael Bingham Sent:3/17/2026 7:44:57 PM michael.bingham@kainos.comy O PI E D Viewed:3/18/2026 2:39:21 PM Security Level:Email,Account Authentication None) Electronic Record and Signature Disclosure: Accepted: 10/27/2022 12:40:14 PM ID:b388c013-8bb0-4517-9ec1-1a573f6cf17b Milan Singh-Cheema Sent:3/17/2026 7:44:56 PM milan.singh-cheema@kainos.com COPIED Viewed:3/17/2026 7:44:56 PM Senior Commercial Associate-Q(SA) Signed:3/17/2026 7:44:56 PM Kainos Canada Inc Security Level:Email,Account Authentication None) Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp 463 Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/17/2026 7:44:57 PM Certified Delivered Security Checked 3/19/2026 3:02:16 PM Signing Complete Security Checked 3/19/2026 3:02:41 PM Completed Security Checked 3/19/2026 3:02:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 464 Electronic Record and Signature Disclosure created on:7/18/2019 2:04:18 PM Parties agreed to:Padraig Callaghan, Michael Bingham DISCLOSURE From time to time, Kainos Software Limited(we, us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign)Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the 'I agree'button at the bottom of this document. Getting paper copies As long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time usually 30 days)after such documents are first sent to you. How to contact Kainos Software Limited: To contact us by email send messages to: kainoscommercial@kainos.com Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access.By checking the 'I Agree'box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access. 465 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. 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Ordinance No. 26-005- Second Reading, an Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 08-007 by amending Policy 4.5.3 of the Comprehensive Plan's Conservation Element of the City of Boynton Beach, Florida, to implement a payment in lieu option for conservation lands; providing a business impact statement; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of the Proposed Ordinance No. 26-005, at second reading. Explanation of Request: Staff is proposing to amend the Conservation Element of the City of Boynton Beach’s Comprehensive Plan modifying Policy 4.5.3 to implement an environmentally sensitive lands payment in lieu option. Collection of the funds would allow for the maintenance and/or purchase of environmentally sensitive lands. How will this affect city programs or services? The collection of fees will support the maintenance and/or acquisition of environmentally sensitive lands. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord_26-005__Amending_Ordinance_08-007 - Updated signature block.docx Comprehenisve Plan Text Amendment Staff Report.docx Exhibit A_Environmental Lands in lieu strikethrough and underline.docx State Review Letter- BOYNTON BCH. 26-01ESR (P).pdf Agenda Item 4130-2026 Business Impact Statement - Proposed Ordinance No. 26-XXX - Policy 4.5.3.docx 466 ORDINANCE NO. 26-005 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 08-007 BY 4 AMENDING POLICY 4.5.3 OF THE COMPREHENSIVE PLAN’S 5 CONSERVATION ELEMENT OF THE CITY OF BOYNTON BEACH, 6 FLORIDA; TO IMPLEMENT A PAYMENT IN LIEU OPTION FOR 7 CONSERVATION LANDS; PROVIDING FOR CODIFICATION; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 12 Conservation Element to the City’s Comprehensive Plan pursuant to Ordinance No. 08-007; and 13 WHEREAS, Policy 4.5.3 of the Conservation Element of the City of Boynton Beach’s 14 Comprehensive Plan currently establishes a requirement that development on high-value or large 15 sites must include ecological surveys and preservation of at least 25% of native habitat; and 16 WHEREAS, the Development Department would like to amend the Conservation Element 17 of the City’s Comprehensive Plan to implement an environmentally sensitive lands payment in 18 lieu option; and 19 WHEREAS, the collection of fees will support the maintenance and/or acquisition of 20 environmentally sensitive lands; and 21 WHEREAS, the City Commission has determined that this amendment serves the public 22 health, safety, and welfare of the citizens of the City of Boynton Beach; and 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA: 25 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 26 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 27 467 ORDINANCE NO. 26-005 Page 2 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: The City’s Comprehensive Plan, City of Boynton Beach Conservation 28 Element, Goal 4, Objective 4.5, is hereby amended to read as follows: 29 Objective 4.5 30 To provide for the continued existence of at least 75% of the acreage occupied by “A” 31 rated ecosystems sites through the long term plan horizon. 32 Measurability: Number of acres of “A” rated ecosystem sites retained. 33 Policy 4.5.1 34 The City shall continue to recognize all natural resource areas depicted in Figure 4 as 35 environmentally sensitive sites. The City shall also adopt the “Conservation Overlay” of “A” 36 rated ecosystems sites as part of the Future Land Use Map of the Comprehensive Plan. 37 Policy 4.5.2 38 The City shall continue to provide the County with updates to the City’s inventory of 39 sensitive ecosystems and formally request assistance and financial support from State and 40 County agencies to preserve “A” rated ecosystems sites in the City. The City shall continue 41 to, as routine procedure, also notify the County of development proposals formally 42 initiated on “A” rated sites. 43 Policy 4.5.3 44 The City shall continue to require a detailed flora and fauna survey on any “A” rated site 45 subject to a development proposal and any site greater than 10 acres in size. The City shall 46 require preservation of a minimum 25% of all native plant communities which occur on an 47 “A” rated ecosystems site the specific location to be determined as a result of the site 48 survey. Habitat shall be preserved with intact canopy, understory and ground cover. 49 The City shall have the option of a payment in lieu of the preservation requirement. The 50 City’s Land Development Regulations establish the process for determining eligibility and 51 program implementation. The City shall adopt a fee to assess the in lieu payment amount, 52 based on the land area. 53 Policy 4.5.4 54 The City shall continue to enforce land development regulations to prohibit land clearing 55 practices that destroy native Florida ecosystems in whole or in part prior to permitting by 56 the City. 57 468 ORDINANCE NO. 26-005 Page 3 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Policy 4.5.5 58 The City shall continue to enforce policies regarding the preservation of native habitat and 59 endangered or threatened species and these policies shall also apply to any property 60 which is owned or acquired by the City. 61 Section 3: Codification. It is the intention of the City Commission of the City of 62 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 63 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 64 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 65 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 66 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 67 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 68 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 69 provisions of this Ordinance. 70 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 71 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 72 conflict. 73 Section 6: Effective Date. That this Ordinance shall take effect immediately 74 upon passage. 75 [SIGNATURE PAGE TO FOLLOW] 76 469 ORDINANCE NO. 26-005 Page 4 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 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 81 Mayor – Rebecca Shelton _____ _____ 82 83 Vice Mayor – Thomas Turkin _____ _____ 84 85 Commissioner – Angela Cruz _____ _____ 86 87 Commissioner – Mack McCray _____ _____ 88 89 Commissioner – Aimee Kelley _____ _____ 90 91 VOTE ______ 92 ATTEST: 93 94 95 _____________________________ 96 Tammy Stanzione Rebecca Shelton 97 Interim City Clerk Mayor 98 99 APPROVED AS TO FORM: 100 (Corporate Seal) 101 102 Shawna G. Lamb 103 City Attorney 104 470 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Development Director FROM: Kevin Fischer, AICP Planning and Zoning Division Director DATE: January 20, 2026 REQUEST: Approve an amendment to the Conservation Element of the City of Boynton Beach’s Comprehensive Plan modifying Policy 4.5.3 to implement an environmentally sensitive lands payment in lieu option. ________________ OVERVIEW Staff is proposing to amend the Conservation Element of the City of Boynton Beach’s Comprehensive Plan modifying Policy 4.5.3 to implement an environmentally sensitive lands payment in lieu option. Collection of the funds would allow for the maintenance and/or purchase of environmentally sensitive lands. EXPLANATION & PROPOSED AMENDMENT The purpose of this Comprehensive Plan amendment is to add an environmentally sensitive lands payment in lieu option. Policy 4.5.3 of the Conservation Element of the Comprehensive Plan states: 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. Recognizing the unique attributes of various parcels within the City, and the small nature of some of the areas preserved by implementing this Policy, the amendment, as shown in Exhibit A, would add a payment in lieu option. This program would allow for the collection of funds to be utilized for the maintenance of existing environmentally sensitive lands or the purchase of strategic environmentally sensitive lands. The proposed Comprehensive Plan text amendment would not remove the requirement to assess the land to determine site specific conditions and the identification of high quality environmentally sensitive lands. Adoption of this amendment will require future land development regulation amendments and the adoption of an in lieu fee payment amount. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject text amendment to the Comprehensive Plan. 471 Exhibit A: Comprehensive Plan Conservation Element Strikethrough and Underline. Objective 4.5 To provide for the continued existence of at least 75% of the acreage occupied by “A” rated ecosystems sites through the long term plan horizon. Measurability: Number of acres of “A” rated ecosystem sites retained. Policy 4.5.1 The City shall continue to recognize all natural resource areas depicted in Figure 4 as environmentally sensitive sites. The City shall also adopt the “Conservation Overlay” of “A” rated ecosystems sites as part of the Future Land Use Map of the Comprehensive Plan. Policy 4.5.2 The City shall continue to provide the County with updates to the City’s inventory of sensitive ecosystems and formally request assistance and financial support from State and County agencies to preserve “A” rated ecosystems sites in the City. The City shall continue to, as routine procedure, also notify the County of development proposals formally initiated on “A” rated sites. 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. The City shall have the option of a payment in lieu of the preservation requirement. The City’s Land Development Regulations establish the process for determining eligibility and program implementation. The City shall adopt a fee to assess the in lieu payment amount, based on the land area. 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. 472 Policy 4.5.5 The City shall continue to enforce policies regarding the 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. 473 474 475 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, AMENDING ORDINANCE NO. 08-007 BY AMENDING POLICY 4.5.3 OF THE COMPREHENSIVE PLAN’S CONSERVATION ELEMENT OF THE CITY OF BOYNTON BEACH, FLORIDA; TO IMPLEMENT A PAYMENT IN LIEU OPTION FOR CONSERVATION LANDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 476 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): Staff is proposing to amend the Conservation Element of the City of Boynton Beach’s Comprehensive Plan modifying Policy 4.5.3 to implement an environmentally sensitive lands payment in lieu option. Collection of the funds would allow for the maintenance and/or purchase of environmentally sensitive lands. 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: Adoption of this amendment will require future land development regulation amendments and the adoption of an in lieu fee payment amount. (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: N/A 4. Additional information the governing body deems useful (if any): N/A 477 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. 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Ordinance No. 26-010- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 1, Article II "Definitions;" Chapter 1, Article VII, Section 2 "Director of Planning and Zoning;" Chapter 1, Article IX, Section 6 "Posting of Notice;" Chapter 2, Article I, Section 2 "Types of Land Development Applications;" Chapter 2, Article I, Section 3 "Review Process for Applications Requiring Public Hearings, Generally"; Chapter 2, Article II, Section 2 "Standard Applications", Chapter 2, Article II, Section 4 "Relief Applications"; Chapter 2, Article II, Section 7 "Other Applications"; Chapter 2, Article III, Section 4 "Right-of-Way Permit"; Chapter 3, Article I, Section 2 "Scope"; Chapter 4, Article IV, Section 5 "Community Design; Chapter 4, Article V, Section 2 "Standards"; and Chapter 4, Article IV, Section 4 "Standards"; of the Land Development Regulations to remove outdated Advisory Board references, modify off-street parking standards, and update certain feather banner procedural requirements; providing for codification; conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-010, at second reading. Explanation of Request: Updates to the Land Develo pment Regulations to amend various sections of the Land Development Regulations in order to remove references to the Planning and Development Board as it is no longer a City Advisory Board and update review and approval procedures to reflect this, modify off-street parking requirements to allow for additional surface area when using certain permeable materials, and remove certain fee and deposit requirements for temporary feather banner signs. How will this affect city programs or services? No impact. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-010_Agenda_Item_4350- 2026_Amending_LDR_to_remove_Planning_and_Development_Board (3).docx Staff_Report_-_CDRV_26-004.docx 478 Attachment_1_- _Planning_and_Development_Board_Reference_Amendments_strikethrough_and_underline.docx Attachment_2_-_Minimum_Off- Street_Parking_Requirement_Amendments_Strikethrough_and_underline.docx Attachment_3_-_Feather_Banner_Amendments_Strikethrough_and_underline.docx Agenda_Item_4350-2026_Business_Impact_Statement_-_Proposed_Ordinance_No._26- 010.docx 479 Page 1 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 1, 4 ARTICLE VII, SECTION 2 “DIRECTOR OF PLANNING AND ZONING”; 5 CHAPTER 1, ARTICLE IX, SECTION 6 “POSTING OF NOTICE”; CHAPTER 6 2, ARTICLE I, SECTION 2 “TYPES OF LAND DEVELOPMENT 7 APPLICATIONS”; CHAPTER 2, ARTICLE I, SECTION 3 “REVIEW PROCESS 8 FOR APPLICATIONS REQUIRING PUBLIC HEARINGS, GENERALLY”; 9 CHAPTER 2, ARTICLE II, SECTION 2 ”STANDARD APPLICATIONS”; 10 CHAPTER 2, ARTICLE II, SECTION 4 “RELIEF APPLICATIONS”; CHAPTER 11 2, ARTICLE II, SECTION 7 “OTHER APPLICATIONS”; CHAPTER 2, 12 ARTICLE III, SECTION 4 “RIGHT-OF-WAY PERMIT”; CHAPTER 3, 13 ARTICLE I, SECTION 2 “SCOPE”; CHAPTER 4, ARTICLE IV, SECTION 5 14 “COMMUNITY DESIGN”; CHAPTER 4, ARTICLE V, SECTION 2 15 “STANDARDS”; AND CHAPTER 4, ARTICLE IV, SECTION 4 16 “STANDARDS”; OF THE LAND DEVELOPMENT REGULATIONS TO 17 REMOVE OUTDATED ADVISORY BOARD REFERENCES, MODIFY OFF-18 STREET PARKING STANDARDS, AND UPDATE CERTAIN FEATHER 19 BANNER PROCEDURAL REQUIREMENTS; PROVIDING FOR 20 CODIFICATION; CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 21 22 WHEREAS, Part III “Land Development Regulations,” Chapter 1, Article VII, Section 2 23 “Director of Planning and Zoning”; Chapter I, Article IX, Section 6 “Posting of Notice”; Chapter 2, 24 Article I, Section 2 “Types of Land Development Applications Requiring Public Hearings, 25 Generally”; Chapter 2, Article II, Section 2 “standard Applications”; Chapter 2, Article II, Section 4 26 “Relief Applications”; Chapter 2, Article III, Section 4 “Right-of-Way Permit”; Chapter 3, Article I, 27 Section 2 “Scope”; Chapter 4, Article IV, Section 5 “Community Design”; Chapter 4, Article V, 28 Section 2 “Standards”; and Chapter 4, Article IV, Section 4 “Standards” of the City’s Code of 29 Ordinances currently references and regulates the City’s Planning and Development Advisory 30 480 Page 2 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Board, off-street parking standards throughout the City, and feather banner procedural 31 requirements; and 32 WHEREAS, the Planning and Development Board is no longer a City Advisory Board and 33 the Development Department would like to amend the City’s Land Development Regulations to 34 remove references to the Planning and Development Board; and 35 WHEREAS, the Development Department would like to amend the City’s Land 36 Development Regulations to modify off-street parking requirements to allow for additional 37 surface area when using certain permeable materials; and 38 WHEREAS, the Development Department would like to amend the City’s Land 39 Development Regulations to remove certain fee and deposit requirements for temporary feather 40 banner signs; and 41 WHEREAS, the City Commission has determined that these amendments serve the public 42 health, safety, and welfare of the citizens of the City of Boynton Beach; and 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 44 BOYNTON BEACH, FLORIDA: 45 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: The City’s Code of Ordinances, Part III “Land Development Regulations,” 48 Chapter 1 “General Administration” is hereby amended to read as follows: 49 50 481 Page 3 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. PART III LAND DEVELOPMENT REGULATIONS 51 … 52 CHAPTER 1. GENERAL ADMINISTRATION 53 … 54 ARTICLE II. DEFINITIONS 55 … 56 BOARD - Board means any board appointed by the city, such as the Planning and Development 57 Historic Preservation Board. Also, see "Historic Preservation, Board." 58 … 59 LANDSCAPING - Any of the following or combination thereof: Materials such as, but not limited 60 to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, 61 pebbles, sand, walls or fences, and decorative paving materials approved by the Development 62 Department and the Planning and Development Board. 63 … 64 OFFICERS/AGENCIES - Wherever reference is made in this Code or Regulations to any officer or 65 agency, such as "City Manager," "the Mayor," "the City Clerk," "Planning and Development Board," 66 and so forth, such reference shall be construed to mean such officer or agency of the city and 67 shall include the duly authorized subordinates or personnel of such officer or agency. 68 … 69 ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES 70 … 71 Sec. 2. Director of Planning and Zoning. 72 … 73 B. Duties and Responsibilities. 74 … 75 2. To coordinate the above plans with the Planning and Development Boards as 76 appropriate. 77 … 78 ARTICLE IX. NOTICE OF INTENT 79 … 80 482 Page 4 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 6. Posting of Notice. 81 82 The notice of intent shall be posted in the Development Department, and in a conspicuous 83 location in City Hall. 84 From and after the notice of intent, applicants for appropriate certificates, permits, and other 85 applicable development applications, including but not limited to plats, site plans, rezonings, 86 variances, and building permits, shall be provided written notice of the pending land development 87 regulatory changes which that may potentially affect the applicant. Applicants shall be provided 88 written notice by mail and through the availability of notices in the Development Department, and 89 by posting of the notice of intent. To the extent that affected parties have comments, they shall 90 be afforded the opportunity to file a written opinion or objections with the Development Director. 91 Neither the failure of the city to provide written notice nor the failure of an applicant for 92 development to observe the posted notice nor the failure of the city to provide the posted notice 93 shall invalidate the applicability of this article to said applicant for development approval. 94 The Planning and Development Board shall be provided with a copy of all notices of intent upon 95 issuance. 96 Section 3: The City’s Code of Ordinances, Part III “Land Development Regulations,” 97 Chapter 2 “Land Development Process” is hereby amended to read as follows: 98 CHAPTER 2. LAND DEVELOPMENT PROCESS 99 ARTICLE I. OVERVIEW 100 … 101 Sec. 2. Types of Land Development Applications. 102 … 103 A. Table 2-1. Applications by City Departments. 104 Legend: 105 HRPB: Historic Resources Preservation Board 106 P&Z: Planning and Zoning Division 107 P&D: Planning and Development Board 108 CRA: Community Redevelopment Agency 109 483 Page 5 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. CC: City Commission 110 … 111 Sec. 3. Review Process for Applications Requiring Public Hearings, Generally. 112 … 113 A. Staff Review. Each land development application that requires a public hearing shall be 114 reviewed by staff to ensure compliance with all applicable codes, standards, and 115 regulations; redevelopment plans; and the Comprehensive Plan's goals, objectives, and 116 policies. Unless otherwise specified, the application shall be processed in accordance with 117 the following actions: 118 1. Completeness Review. This section applies to any land development application 119 in this chapter, unless otherwise provided for in the regulations for that specific 120 application. No review shall commence until the application is deemed complete 121 by the reviewing authority. 122 2. Analysis and Recommendations. Staff comments and recommendations shall 123 identify noncompliance and deficiencies with the standards and requirements of 124 these Land Development Regulations or any other applicable codes. During this 125 informal procedure, staff comments and recommendations are forwarded to the 126 applicant so that each issue can be completely resolved or adequately addressed, 127 as determined by staff, prior to Advisory Board review. An applicant may orally or 128 in writing, challenge any staff comment or recommendation by contacting the 129 issuing department directly and presenting specific grounds for the challenge. The 130 issuing department will either affirm or reverse its original comment or 131 recommendation, but all such action shall be based on the provisions of 132 appropriate codes, ordinances, rules, regulations, standard drawings, 133 redevelopment plans, or Comprehensive Plan. A staff comment becomes a 134 recommendation when it is not based on a specific code, ordinance, rule, 135 regulation, standard drawing, redevelopment plan, or goal, objective, or policy of 136 the Comprehensive Plan. Such staff recommendation becomes compulsory when 137 it is approved as part of the conditions of approval and development order by the 138 applicable Advisory Board or City Commission. 139 3. Forward to Applicable Advisory Board Review, if applicable. Upon conclusion of 140 staff review, if an item requires Board action, the Director of Planning and Zoning, 141 designee, or reviewing authority will transmit the document with staff comments 142 and recommendations to the applicable Advisory Board for their review and 143 recommendation. 144 484 Page 6 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. B. Advisory Board Review. 145 1. Notification. The Planning and Zoning Division shall notify the applicant in 146 writing, of the date, time, and location of the Advisory Board meeting. The 147 applicant may opt to postpone Advisory Board review by submitting a written 148 request to the Director of Planning and Zoning, designee, or to the appropriate 149 reviewing authority. In all instances, the applicant shall be responsible to comply 150 with the applicable public notice requirements of City Code of Ordinances Part II, 151 Chapter 2, Article I, Section 2-20. 152 2. Action. The Advisory Board will consider all presented items, including the staff 153 report, exhibits, and recommendations, in conjunction with any testimony or other 154 information presented at the meeting, and recommend that City Commission: 155 a. Approve the application; 156 b. Approve the application subject to conditions; 157 c. Table or defer their decision to a subsequent meeting in order to collect 158 additional information or conduct further analyses; or 159 d. Deny the application. 160 CB. City Commission Review. After the Advisory Board conducts its review and formulates 161 a recommendation, the Director of Planning, designee, or reviewing authority will forward 162 the items to the City Commission for final review and approval. 163 1. Notification. The Planning and Zoning Division shall notify the applicant in 164 writing of the date, time, and location of the City Commission meeting. The 165 applicant may opt to postpone City Commission review by submitting a written 166 request to the Director of Planning and Zoning, designee, or to the appropriate 167 reviewing authority. In all instances, the applicant shall be responsible to comply 168 with the applicable public notice requirements of City Code of Ordinances Part II, 169 Chapter 2, Article I, Section 2-20. 170 … 171 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 172 … 173 Sec. 2. Standard Applications 174 A. Conditional Use, Including Time Extension. 175 … 176 485 Page 7 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 177 4. Approval Process. The Planning and Development Board and City Commission 178 shall consider only such conditional uses as are authorized under the terms of 179 the zoning regulations of Chapter 3. An application for conditional use 180 approval requires review by the City Commission and shall be processed in 181 accordance with Chapter 2, Article I, Section 3. The Commission, upon 182 recommendation of the Board, may grant conditional uses absolutely or 183 conditioned upon the faithful adherence to the review criteria contained in 184 Section 2.C.3. above. The Commission may also deny requests for conditional 185 uses when not in harmony with the intent and purpose of this section. 186 … 187 Sec. 4. Relief Applications 188 … 189 D. Variance to Land Development Regulations. 190 … 191 4. Approval Process. An application for variance approval requires review by the City Commission 192 and shall be processed in accordance with Chapter 2, Article I, Section 3. In addition, in 193 recommending approval of a variance, the City Commission Planning and Development Board 194 may determine impose the following: 195 a. The Board may pPrescribe appropriate conditions and safeguards in conformity with 196 this section. Violations of such conditions and safeguards, when made a part of the terms 197 under which the variance is granted, shall be deemed a violation of this section. 198 b. The Board may pPrescribe a reasonable time limit within which the action for which the 199 variance is required shall begin, be completed, or both. 200 … 201 Sec. 7. Other Applications 202 … 203 C. Mobile Vendor Approval. 204 … 205 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this 206 application. Because of minimum separation requirements between each MVU, in those instances 207 486 Page 8 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. when more than one (1) application has been submitted for the same location, the earliest 208 application shall be processed and forwarded to either the Planning and Zoning Division 209 Development Board or and the Community Redevelopment Agency, if whichever is applicable. 210 … 211 ARTICLE III. ENGINEERING DIVISION SERVICES 212 … 213 Sec. 4. Right-of-Way Permit. 214 … 215 D. Conditions for Permits. 216 … 217 d. The City Commission, after a public hearing before the Planning and 218 Development Board and receipt of the findings and recommendations of such 219 Board, may waive or vary any requirement of paragraph b. above for good cause 220 shown upon application by the persons seeking access. 221 Section 4: The City’s Code of Ordinances, Part III “Land Development Regulations,” 222 Chapter 3 “Zoning” is hereby amended to read as follows: 223 CHAPTER 3. ZONING 224 ARTICLE I. OVERVIEW 225 … 226 Sec. 2. Scope. 227 The purpose of these Regulations is to promote the physical and economic development of the 228 city, and foster the use and enjoyment of property in a manner consistent with adopted plans, 229 regulations, and policies. The intent of these Regulations is to promote public health, safety, and 230 welfare; to provide for efficient circulation; to improve the appearance of the community; to assure 231 compatible land uses; and to preserve the resources and character of the area. This zoning 232 regulation includes comprehensive zoning rules for the City of Boynton Beach, dividing the city 233 into districts and establishing the boundaries thereof; regulating and restricting the erection, 234 construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; 235 regulating and restricting the height, number of stories, and size of buildings and other structures; 236 regulating and restricting the percentage of lots that may be occupied; regulating and restricting 237 the size of yards, courts, and other open spaces; regulating and restricting the density of 238 487 Page 9 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. population; regulating and restricting the location or use of buildings, structures, and land and 239 water for trade, industry, residence, and other purposes; specifying the use of defining certain 240 terms herein; providing for the administration, enforcement and amendment of this regulation; 241 establishing and defining the powers and duties of both the Planning and Development Board 242 and the Community Redevelopment Agency Board; establishing and defining the powers and 243 duties of the Building Board of Adjustment and Appeals; setting penalties for violation of this 244 zoning regulation and authorizing resort to other remedies to prevent or abate violation; 245 providing that this zoning regulation shall supersede any previous zoning ordinance or resolution; 246 and for other purposes. 247 Section 5: The City’s Code of Ordinances, Part III “Land Development Regulations,” 248 Chapter 4 “Site Development Standards” is hereby amended to read as follows: 249 CHAPTER 4. SITE DEVELOPMENT STANDARDS. 250 ARTICLE IV. SIGN STANDARDS. 251 … 252 Sec. 5. Community Design. 253 A. General. 254 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is 255 materially a factor of the level of visual harmony between signs, support structures, project 256 architecture, and adjacent surroundings. In addition to the mechanical limitations on signs 257 imposed by this section, there are certain aesthetic considerations that must be met, and 258 therefore signs are subject to review by the Planning and Development Board and City 259 Commission, when required. 260 … 261 Section 6: The City’s Code of Ordinances, Part III “Land Development Regulations,” 262 Chapter 4 “Site Development Standards,” Article IV “Sign Standards” is hereby amended to read 263 as follows: 264 CHAPTER 4. SITE DEVELOPMENT STANDARDS 265 … 266 ARTICLE IV. SIGN STANDARDS 267 … 268 488 Page 10 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4. Standards 269 270 10. Feather Banners. 271 … 272 b. Materials. The sign face shall be nylon, polyester vinyl, or canvas, and neither the sign 273 face nor the sign frame shall contain glitter, florescentfluorescent, metallic, or reflective 274 materials. 275 … 276 g. Fee requirements. Permit applications shall be processed following the same process 277 used for processing other zoning permits, with a fee based on reviewer wage and review 278 time. The minimum fee for each application shall be fifty dollars ($50.00). 279 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of the 280 ninety (90) day permit, provided the applicant surrenders the original permit. 281 i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner displayed 282 without a permit or after the expiration of a permit. 283 Section 7: The City’s Code of Ordinances, Part III “Land Development Regulations,” 284 Chapter 4 “Site Development Standards,” Article V “Minimum Off-Street Parking Requirements” is 285 hereby amended to read as follows: 286 CHAPTER 4. SITE DEVELOPMENT STANDARDS 287 … 288 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 289 … 290 Section 2. Standards 291 … 292 4. Driveways and other impervious surfaces within front or side yards of single- and two-family 293 dwelling units. 294 a. Applicability. The requirements of this section are applicable to new construction 295 projects, modifications that increase air-conditioned living space and/or number of 296 bedrooms, and requests for a Certificate of Use. 297 489 Page 11 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 298 ba. Driveways shall be constructed of concrete, asphalt, permeable materials as listed in 299 subsection b, or other hard-surface as approved by the City Engineer. Where possible, 300 design and construction should maximize the reflective properties and minimize the heat 301 island effect of such improvements. Also, where possible, tandem parking design, defined 302 as the arrangement of two parking spaces placed one behind the other, is encouraged to 303 minimize impervious surface area and maximize the environmental design of the project. 304 cb. SuchImpervious surfaces shall not exceed 40% of the required minimum front yard 305 area. In cases of irregularly shaped lots, the average width of the lot will be used to 306 calculate the minimum front yard area. 307 c. A maximum of 55% of the required minimum front yard area is permitted to consist of 308 materials with a percolation rate of at least fifty (50) percent relative to the ground 309 percolation rate that are specifically designed to be semi-pervious and also provide a hard-310 surface. Permeable paving materials include, but are not limited to, pervious pavers, 311 pervious concrete, porous asphalt, and substantially similar materials. In cases of irregularly 312 shaped lots, the average width of the lot will be used to calculate the minimum front yard 313 area. 314 1. In cases where a portion of the area consists of impervious materials and a 315 portion consists of permeable materials, the area of materials with a percolation 316 rate of at least fifty (50) are calculated at 50% of the area consisting of these 317 materials, such that in no case shall the impervious calculation exceed 40%. 318 Section 8: Codification. It is the intention of the City Commission of the City of 319 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 320 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 321 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 322 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 323 Section 9: Severability. If any clause, section, or other part of this Ordinance shall be 324 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 325 490 Page 12 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. or invalid part shall be considered as eliminated and in no way affecting the validity of the other 326 provisions of this Ordinance. 327 Section 10: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 328 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 329 conflict. 330 Section 11: Effective Date. That this Ordinance shall take effect immediately 331 upon passage. 332 [Signature on the Following Page] 333 491 Page 13 of 13 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2026. 334 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 335 CITY OF BOYNTON BEACH, FLORIDA 336 YES NO 337 338 Mayor – Rebecca Shelton _____ _____ 339 340 Vice Mayor – Thomas Turkin _____ _____ 341 342 Commissioner – Angela Cruz _____ _____ 343 344 Commissioner – Mack McCray _____ _____ 345 346 Commissioner – Aimee Kelley _____ _____ 347 348 VOTE ______ 349 ATTEST: 350 351 352 _____________________________ 353 Tammy Stanzione Rebecca Shelton 354 Interim City Clerk Mayor 355 356 APPROVED AS TO FORM: 357 (Corporate Seal) 358 359 Shawna G. Lamb 360 City Attorney 361 492 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Development Director FROM: Kevin Fischer, AICP Planning and Zoning Division Director DATE: March 9, 2026 City Commission Dates: March 23, 2026 & April 7, 2026 REQUEST: Approve amendments to Chapter 1, Article II "Definitions;" Chapter 1, Article VII, Section 2 "Director of Planning and Zoning;" Chapter 1, Article IX, Section 6 "Posting of Notice;" Chapter 2, Article I, Section 2 "Types of Land Development Applications;" Chapter 2, Article I, Section 3 "Review Process for Applications Requiring Public Hearings, Generally"; Chapter 2, Article II, Section 2 "Standard Applications", Chapter 2, Article II, Section 4 "Relief Applications"; Chapter 2, Article II, Section 7 "Other Applications"; Chapter 2, Article III, Section 4 "Right-of-Way Permit"; Chapter 3, Article I, Section 2 "Scope"; Chapter 4, Article IV, Section 5 "Community Design; Chapter 4, Article V, Section 2 "Standards;" and Chapter 4, Article IV, Section 4 "Standards;" of the Land Development Regulations to remove outdated Advisory Board references, modify off- street parking standards, and update certain feather banner procedural requirements ________________ OVERVIEW Staff is proposing to amend various sections of the Land Development Regulations in order to:  Remove references to the Planning and Development Board as it is no longer a City Advisory Board and update review and approval procedures to reflect this;  Modify off-street parking requirements to allow for additional surface area when using certain permeable materials; and  Remove certain fee and deposit requirements for temporary feather banner signs. EXPLANATION & PROPOSED AMENDMENT The amendments in Attachment 1 relate to removal of references to the Planning and Development Board. In 2023 the Planning and Development Board was removed as being one of the City’s Advisory Board, yet the land development regulations still include numerous references to the Board. In addition, development review and approval procedures are proposed to be updated to reflect the removal of the Planning and Development Board. The amendments in Attachment 2 relate to updates to the “Driveways and other impervious surfaces within front or side yards of single- and two- family dwelling units”. The updates add additional area for surfaces when permeable materials are used, specifically materials that have a percolation rate of at least fifty (50) percent. Language is also proposed to be added to address 493 Page 2 Various LDR Amendments CDRV 26-004 2 irregularly shaped lots. The amendments in Attachment 3 are to remove fee and deposit requirements for temporary feather banner signs. Fee requirements are already addressed through permit applications and are not necessary to be included in this section of the land development regulations. A deposit is also currently required, but the amendment would remove this administrative process of collecting and refunding deposits for these temporary signs. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject amendments to the Land Development Regulations. 494 Planning and Development Board Reference Amendments PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION … ARTICLE II. DEFINITIONS … BOARD - Board means any board appointed by the city, such as the Planning and Development Historic Preservation Board. Also, see "Historic Preservation, Board." … LANDSCAPING - Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the Development Department and the Planning and Development Board. … OFFICERS/AGENCIES - Wherever reference is made in this Code or Regulations to any officer or agency, such as "City Manager," "the Mayor," "the City Clerk," "Planning and Development Board," and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency. 495 Planning and Development Board Reference Amendments CHAPTER 1. GENERAL ADMINISTRATION. … ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES … Sec. 2. Director of Planning and Zoning. A. General. Pursuant to the Charter of the City, there is hereby created the position of Director of Planning and Zoning. B. Duties and Responsibilities. The duties and responsibilities of the Director of Planning and Zoning shall be: 1. To implement the provisions of the Comprehensive Plan, including the supervision of and participation in specialized planning activities and research that is essential to the preparation of the Plan. 2. To coordinate the above plans with the Planning and Development Boards as appropriate. 3. To serve as principal agent of the city in contracted planning activities. This shall include preparation of the scope of work of each contract, as well as supervision of progress once contract is consummated. 4. To act as technical advisor to department heads and similar officials on planning matters. 5. To perform all work as required or directed by the City Manager or designee. 496 Planning and Development Board Reference Amendments CHAPTER 1. GENERAL ADMINISTRATION … ARTICLE IX. NOTICE OF INTENT … Sec. 6. Posting of Notice. The notice of intent shall be posted in the Development Department, and in a conspicuous location in City Hall. From and after the notice of intent, applicants for appropriate certificates, permits, and other applicable development applications, including but not limited to plats, site plans, rezonings, variances, and building permits, shall be provided written notice of the pending land development regulatory changes which may potentially affect the applicant. Applicants shall be provided written notice by mail and through the availability of notices in the Development Department, and by posting of the notice of intent. To the extent that affected parties have comments, they shall be afforded the opportunity to file written opinion or objections with the Development Director. Neither the failure of the city to provide written notice nor the failure of an applicant for development to observe the posted notice nor the failure of the city to provide posted notice shall invalidate the applicability of this article to said applicant for development approval. The Planning and Development Board shall be provided with a copy of al l notices of intent upon issuance. 497 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE I. OVERVIEW … Sec. 2. Types of Land Development Applications. A. Table 2-1. Applications by City Departments. Legend: HRPB: Historic Resources Preservation Board P&Z: Planning and Zoning Division P&D: Planning and Development Board CRA: Community Redevelopment Agency CC: City Commission 498 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE I. OVERVIEW … Sec. 3. Review Process for Applications Requiring Public Hearings, Generally. This section generally describes the review process for land development applications requiring public hearings. The required plan(s), application(s), fee(s), and supporting document(s) are dependent upon the type, cha racter, and complexity of the proposed project or relief being sought. A. Staff Review. Each land development application that requires a public hearing shall be reviewed by staff to ensure compliance with all applicable codes, standards, and regulations; redevelopment plans; and the Comprehensive Plan's goals, objectives, and policies. Unless otherwise specified, the application shall be processed in accordance with the following actions: 1. Completeness Review. This section applies to any land development application in this chapter, unless otherwise provided for in the regulations for that specific application. No review shall commence until the application is deemed complete by the reviewing authority. 2. Analysis and Recommendations. Staff comments and recommendations shall identify noncompliance and deficiencies with the standards and requirements of these Land Development Regulations or any other applicable codes. During this informal procedure, staff comments and recommendations are forwarded to the applicant so that each issue can be completely resolved or adequately addressed, as determined by staff, prior to Advisory Board review. An applicant may orally or in writing, challenge any staff comment or recommendation by contacting the issuing department directly and presenting specific grounds for the challenge. The issuing department will either affirm or reverse its original comment or recommendation, but all such action shall be based on the provisions of appropriate codes, ordinances, rules, regulat ions, standard drawings, redevelopment plans, or Comprehensive Plan. A staff comment becomes a recommendation when it is not based on a specific code, ordinance, rule, regulation, standard drawing, redevelopment plan, or goal, objective, or policy of the Comprehensive Plan. Such staff recommendation becomes compulsory when it is approved as part of the conditions of approval and development order by the applicable Advisory Board or City Commission. 3. Forward to Applicable Advisory Board Review, if applicable. Upon conclusion of staff review, if an item requires Board action, the Director of Planning and Zoning, designee, or reviewing authority will transmit the document with staff 499 Planning and Development Board Reference Amendments comments and recommendations to the applicable Advisory Board for their review and recommendation. B. Advisory Board Review. 1. Notification. The Planning and Zoning Division shall notify the applicant in writing, of the date, time, and location of the Advisory Board meeting. The applicant may opt to postpone Advisory Board review by submitting a written request to the Director of Planning and Zoning, designee, or to the appropriate reviewing authority. In all instances, the applicant shall be responsible to comply with the applicable public notice requirements of City Code of Ordinances Part II, Chapter 2, Article I, Section 2-20. 2. Action. The Advisory Board will consider all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at the meeting, and recommend that City Commission: a. Approve the application; b. Approve the application subject to conditions; c. Table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or d. Deny the application. CB. City Commission Review. After the Advisory Board conducts its review and formulates a recommendation, the Director of Planning, designee, or reviewing authority will forward the items to the City Commission for final review and approva l. 1. Notification. The Planning and Zoning Division shall notify the applicant in writing, of the date, time, and location of the City Commission meeting. The applicant may opt to postpone City Commission review by submitting a written request to the Director of Planning and Zoning, designee, or to the appropriate reviewing authority. In all instances, the applicant shall be responsible to comply with the applicable public notice requirements of City Code of Ordinances Part II, Chapter 2, Article I, Section 2-20. 2. Action. The City Commission will review all presented items, including the staff report, exhibits, and recommendations, in conjunction with any testimony or other information presented at all meetings, and vote to: a. Approve the application; b. Approve the application subject to conditions; c. Table or defer their decision to a subsequent meeting in order to collect additional information or conduct further analyses; or 500 Planning and Development Board Reference Amendments d. Deny the application. The action of the City Commission is the final decision. 501 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE II. PLANNING AND ZONING DIVISION SERVICES … Sec. 2. Standard Applications A. Conditional Use, Including Time Extension. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth uniformed procedures, well-defined application processes, and information to guide the review of conditional use submittals. In addition to that described in this section, it is also the intent to provide for separate submittal requirements and expedited review process for those conditional uses that qualify as a sustainable development and meets the intent of the city's green building initiatives. b. Applicability. The procedures, requirements, and standards of this section shall apply to any use that is identified with a "C" in the use matrix (Table 3-28) of Chapter 3, Article IV, Section 3.D. c. Terms and Definitions. As defined by Chapter 1, Article II, a use that because of special requirements or characteristics may be allowed in a particular zoning district, but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. d. Rules. For the purpose of this subsection, a "site plan" shall be construed to include either a new site plan or a major site plan modification. e. Use Matrix. Conditional uses are identified with a "C" in the use matrix (Table 3-28). See Chapter 3, Article IV, Section 3.C. for the legend of the use matrix. 2. Submittal Requirements. The submittal requirements and process for this type of application will vary depending on whether the request is for use approval only or use approval in connection with improvements requiring site plan review (e.g. construction of new building, modifications to existing building or site, etc.). See subsection 1.D. above for the submittal requirements of this application. 3. Review Criteria. See Chapter 3, Article IV, Section 4 for the review standards applicable to the evaluation of conditional uses, which will vary depending on 502 Planning and Development Board Reference Amendments whether the request is for use approval only or use approval in connection with improvements requiring site plan review (e.g. construction of new building, modifications to existing building or site, etc.). In instances when site plan review is required, the review criteria of Section 2.F.3. below shall also apply. 4. Approval Process. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations of Chapter 3. An application for conditional use a pproval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. The Commission, upon recommendation of the Board, may grant conditional uses absolutely or conditioned upon the faithful adherence to the review criteria contained in Section 2.C.3. above. The Commission may also deny requests for conditional uses when not in harmony with the intent and purpose of this section. 503 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE II. PLANNING AND ZONING DIVISION SERVICES … Sec. 4. Relief Applications D. Variance to Land Development Regulations. … 4. Approval Process. An application for variance approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. In addition, in recommending approval of a variance, the City Commission Planning and Development Board may determine impose the following: a. The Board may pPrescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The Board may pPrescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. 504 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE II. PLANNING AND ZONING DIVISION SERVICES … Sec. 7. Other Applications … C. Mobile Vendor Approval. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth well- defined application processes, review criteria, and information to guide in the processing and review of mobile vending units (MVU) submittals. b. Applicability. This subsection is applicable to any MVU proposed within the city in accordance with Chapter 3, Article V, Section 10 . It shall be unlawful for anyone to operate an MVU in the city without first obtaining the necessary approvals as contained herein. c. Exception. Portable or mobile kitchens necessary to provide temporary food services in connection with permitted construction work are not subject to the removal requirement or size restrictions. Such temporary units must be removed immediately upon completion of the work. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. Because of minimum separation requirements between each MVU, in those instances when more than one (1) application has been submitted for the same location, the earliest application shall be processed and forwarded to either the Planning and Zoning Division Development Board or and the Community Redevelopment Agency, if whichever is applicable. 505 Planning and Development Board Reference Amendments CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE III. ENGINEERING DIVISION SERVICES … Sec. 4. Right-of-Way Permit. … D. Conditions for Permits. Unless otherwise determined by the City Engineer or designee, approval of all permit applications are subject to the following conditions: 1. Access to Streets and Alleys. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the following requirements are met: a. That access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city; b. If the street to which access is desired is not improved with hard surface pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the City Engineer; (1) Curbs and gutters (if deemed appropriate) shall be constructed along the side of any street to which access is sought to the limits of the property. (2) Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the City Engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. (3) Storm drainage (piped or swaled) shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. (4) Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the 506 Planning and Development Board Reference Amendments development of the property meets the warrants established by the Palm Beach County Traffic Engineering Division. c. No person shall construct any access to any alley unless the following requirements are met: (1) Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought from the limits of the property and beyond to the nearest paved portion of the alley; and (2) Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties, or the adjacent alley or roadway, or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the City Engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom. d. The City Commission, after a public hearing before the Planning and Development Board and receipt of the findings and recommendations of such Board, may waive or vary any requirement of paragraph b. above for good cause shown upon application by the persons seeking access. 507 Planning and Development Board Reference Amendments CHAPTER 3. ZONING ARTICLE I. OVERVIEW … Sec. 2. Scope. The purpose of these Regulations is to promote the physical and economic development of the city, and foster the use and enjoyment of property in a manner consistent with adopted plans, regulations, and policies. The intent of these Regulations is to promote public health, safety, and welfare; to provide for efficient circulation; to improve the appearance of the community; to assure compatible land uses; and to preserve the resources and character of the area. This zoning regulation includes comprehensive zoning rules for the City of Boynton Beach, dividing the city into districts and establishing the boundaries thereof; regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; regulating and restricting the height, number of stories, and size of buildings and other structures; regulating and restricting the percentage of lots that may be occupied; regulating and restricting the size of yards, courts, and other open spaces; regulating and restricting the density of population; regulating and restr icting the location or use of buildings, structures, and land and water for trade, industry, residence, and other purposes; specifying the use of defining certain terms herein; providing for the administration, enforcement and amendment of this regulation; establishing and defining the powers and duties of both the Planning and Development Board and the Community Redevelopment Agency Board; establishing and defining the powers and duties of the Building Board of Adjustment and Appeals; setting penalties for violation of this zoning regulation and authorizing resort to other remedies to prevent or abate violation; providing that this zoning regulation shall supersede any previous zoning ordinance or resolution; and for other purposes. (Ord. 10-025, passed 12-7-10) 508 Planning and Development Board Reference Amendments CHAPTER 4. SITE DEVELOPMENT STANDARDS. ARTICLE IV. SIGN STANDARDS. … Sec. 5. Community Design. A. General. 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is materially a factor of the level of visual harmony between signs, support structures, project architecture, and adjacent surroundings. In addition to the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations that must be met, and therefore signs are subject t o review by the Planning and Development Board and City Commission, when required. 509 Minimum Off-Street Parking Requirement Amendments PART III LAND DEVELOPMENT REGULATIONS CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS … Section 2. Standards … 4. Driveways and other impervious surfaces within front or side yards of single- and two- family dwelling units. a. Applicability. The requirements of this section are applicable to new construction projects, modifications that increase air-conditioned living space and/or number of bedrooms, and requests for a Certificate of Use. ba. Driveways shall be constructed of concrete, asphalt, permeable materials as listed in subsection b, or other hard-surface as approved by the City Engineer. Where possible, design and construction should maximize the reflective properties and minimize the heat island effect of such improvements. Also where possible, tandem parking design, defined as the arrangement of two parking spaces placed one behind the other, is encouraged to minimize impervious surface area and maximize the environmental design of the project. cb. SuchImpervious surfaces shall not exceed 40% of the required minimum front yard area. In cases of irregularly shaped lots, the average width of the lot will be used to calculate the minimum front yard area. c. A maximum of 55% of the required minimum front yard area is permitted to consist of materials with a percolation rate of at least fifty (50) percent relative to the ground percolation rate that are specifically designed to be semi -pervious and also provide a hard-surface. Permeable paving materials include but are not limited to pervious pavers, pervious concrete, porous asphalt and substantially similar materials. In cases of irregularly shaped lots, the average width of the lot will be used to calculate the minimum front yard area . 1. In cases where a portion of the area consists of impervious materials and a potion consists of permeable materials, the area of materials with a percolation rate of at least fifty (50) are calculated at 50% of the area consisting of these materials such that in no case shall the impervious calculation exceed 40%. 510 Feather Banner Amendments PART III LAND DEVELOPMENT REGULATIONS CHAPTER 4. SITE DEVELOPMENT STANDARDS … ARTICLE IV. SIGN STANDARDS … Section 4. Standards 10. Feather Banners. a. Terms and definitions. A feather banner is a style of temporary lightweight sign comprised of partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign face is attached. Depending on the shape and type of movement, such signs may also be called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. Height/size standards - A maximum height of ten (10) feet six (6) inches overall measurement including support portion of sign, and a maximum width of thirty (30) inches. b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. c. Number of banners. (1) Along business or shopping center frontage: one (1) feather banner per business (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage is less than three hundred (300) feet. Where more than one frontage exists, the linear dimension shall be cumulative, and the permitted banner may be placed along either frontage. (2) Banners placed on or within five (5) feet from the building facade or supporting components: one (1) feather banner per business (as evidenced by business tax receipt). (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 3.B.4.) shall be permitted and displayed per business at any one (1) time. d. Location. Feather banners shall not be placed within the sight triangle of driveways or intersections, shall not be attached to landscaping materials, and 511 Feather Banner Amendments must be placed behind the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the property line, except that the setback may be less than ten (10) feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block parking spaces or drive aisles. Banner placement may not interfere with pedestrian movement. e. Duration. The maximum display period shall be ninety (90) days per twelve (l2)-month period, except that feather banner permits may be issued for one (1) additional display period contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional ninety (90)-day display period may be requested after seven (7) working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the city in queue for the next available display period based on the expiration dates of existing permits. Complete, first- time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. f. Application. An application shall be required for each banner, shall include a scaled plan or drawing that identifies the location of and setback for the proposed banner, and indicates the length of the property frontage if banner is to be placed greater than five (5) feet from the building where the subject business is located. The application shall be signed by the business owner and the property owner. g. Fee requirements. Permit applications shall be processed following the same process used for processing other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for each application shall be fifty dollars ($50.00). h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of the ninety (90) day permit, provided the applicant surrenders the original permit. i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner displayed without a permit or after the expiration of a permit. 512 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 1, ARTICLE VII, SECTION 2 “DIRECTOR OF PLANNING AND ZONING”; CHAPTER 1, ARTICLE IX, SECTION 6 “POSTING OF NOTICE”; CHAPTER 2, ARTICLE I, SECTION 2 “TYPES OF LAND DEVELOPMENT APPLICATIONS”; CHAPTER 2, ARTICLE I, SECTION 3 “REVIEW PROCESS FOR APPLICATIONS REQUIRING PUBLIC HEARINGS, GENERALLY”; CHAPTER 2, ARTICLE II, SECTION 2 ”STANDARD APPLICATIONS”; CHAPTER 2, ARTICLE II, SECTION 4 “RELIEF APPLICATIONS”; CHAPTER 2, ARTICLE II, SECTION 7 “OTHER APPLICATIONS”; CHAPTER 2, ARTICLE III, SECTION 4 “RIGHT-OF-WAY PERMIT”; CHAPTER 3, ARTICLE I, SECTION 2 “SCOPE”; CHAPTER 4, ARTICLE IV, SECTION 5 “COMMUNITY DESIGN”; CHAPTER 4, ARTICLE V, SECTION 2 “STANDARDS”; AND CHAPTER 4, ARTICLE IV, SECTION 4 “STANDARDS”; OF THE LAND DEVELOPMENT REGULATIONS TO REMOVE OUTDATED ADVISORY BOARD REFERENCES, MODIFY OFF-STREET PARKING STANDARDS, AND UPDATE CERTAIN FEATHER BANNER PROCEDURAL REQUIREMENTS; PROVIDING FOR CODIFICATION; CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 513 Page 2 of 3 ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 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): Staff is proposing to amend various sections of the Land Development Regulations in order to: • Remove references to the Planning and Development Board as it is no longer a City Advisory Board and update review and approval procedures to reflect this; • Modify off-street parking requirements to allow for additional surface area when using certain permeable materials; and • Remove certain fee and deposit requirements for temporary feather banner signs. 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. 514 Page 3 of 3 N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 515 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 04/ 7/2026 Meeting Date: 04/ 7/2026 Legislative Update Requested Action: by City Manager Daniel Dugger 516 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-059- Award Request for Qualifications No. 25-045Q for NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction Project (Grant Funded) to Keith & Associates for Engineering Design and Environmental Review Services, and approve a professional services agreement between the City of Boynton Beach and Keith & Associates in an amount not to exceed $2,074,704.00. Requested Action: City Staff Recommends approval of Proposed Resolution No. R26-059. 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 RFQ sought a qualified engineering consultant to deliver a full suite of services, including hydrologic and hydraulic modeling, environmental assessment, preliminary and final design, value engineering, permitting, preparation of bid documents, bidding support, and limited construction administration services during the construction phase. The solicitation closed on September 24, 2025, with five (5) firms submitting proposals. An Evaluation Committee was convened to review and score the proposals consistent with CCNA evaluation standards. On November 12, 2025, the Committee shortlisted three (3) firms for interviews. Final presentations and interviews were conducted on December 10, 2025. Based on the final rankings, Keith and Associates was determined to be the most highly qualified firm to provide the required services. On January 20, 2026, the City Commission approved the evaluation committee’s recommendation and authorized staff to negotiate a contract with Keith and Associates through Resolution No. R26-009. Negotiation meetings were held on January 22, 2026, February 12, 2026, and March 2, 2026. The final scope of work was confirmed to include all services necessary to deliver the project, and the fee proposal was deemed fair, competitive, and reasonable. The negotiated agreement, in the amount of $2,074,704.00, outlines Keith and Associates’ responsibilities, in two phases, which include but are not limited to: PHASE I 517 Environmental Assessment ROW Assessment and Easement Process Conducting detailed topographic and geotechnical investigations, and subsurface utility engineering. 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. Preparing construction documents, technical specifications, and cost estimates. Coordinating and obtaining all required permits with agencies such as SFWMD, USACE, FDOT and Palm Beach County Land Development Public Outreach coordination 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 Limited Construction Administration Services: Includes part-time Field Project Representative (FPR) inspector, and certification of construction by the Engineer of Record (EOR) for permit closure. Staff respectfully requests approval to advance the City’s stormwater and resiliency goals in the Heart of Boynton community. The Commission is asked to award RFQ No. 25-045Q to Keith and Associates, approve the Agreement at a ceiling of $2,074,704.00, and authorize the Mayor to execute the agreement. 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 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. 518 Engaging a qualified consulting firm to develop a comprehensive engineering design for stormwater improvements will enable the City to implement a modernized drainage system tailored to address these deficiencies. The proposed design will enhance the level of service (LOS) by: • Mitigating Flood Risks – reducing the frequency and severity of flooding events that currently impact residents, businesses, and public infrastructure. • Protecting Public Safety – improving roadway conditions during storms to ensure continued access for emergency vehicles, hospitals, and other critical services. • Preserving Community Assets – safeguarding homes, green spaces, and City roadways from long-term water damage. • Increasing Resiliency – strengthening the neighborhood’s ability to withstand heavy rainfall and storm events, reducing future recovery costs. By delivering a build-ready engineering design, this project will position the City to advance construction of long-term stormwater solutions. The improvements will significantly enhance the quality of life for Heart of Boynton residents, reduce public safety hazards, and ensure uninterrupted City services during severe weather events. Budgeted Item: Yes Account Line Item and Description: 403-5000-538-65.09 (Stormwater) - $1.5 Million 403-5000-533-65.02 (Water) - $375K 403-5000-535-65.04 (Sewer) - $200K Fiscal Impact: Funding in the amount of $2,175,000 is available through Utilities CIP Accounts for Project #UC2401 Attachments: R26-059 Agenda_Item_4405-2026_Resolution_for_RFQ_No._25- 045Q_Award_and_agmt.docx Exhibit A to Resolution - 25-045Q Vendor Executed Agreement.pdf 15617.00 - Heart of Boynton - City of Boynton Beach Master Contract 3.6.2026_Rev.pdf R26-009 Executed.pdf 25-045QEvaluationSummary.pdf RFQ_25-045Q_Notice_of_Intent_to_Negotiate.pdf 25-045Q_NW_3rd_Street-SFWMD_C-16_-_Final_9.22.pdf KEITH COI Exp 2.19.2027_Rev.pdf 519 RESOLUTION NO. R26-059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATIONS NO. 2 25-045Q FOR ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW 3 SERVICES FOR NW 3RD STREET – SFWMD C-16, FLOOD RISK 4 REDUCTION (GRANT FUNDED) TO KEITH AND ASSOCIATES, INC., AND 5 APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 6 CITY AND KEITH AND ASSOCIATES, INC., IN AN AMOUNT NOT TO 7 EXCEED $2,074,704.00; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, in accordance with the Consultant’s Competitive Negotiations Act (“CCNA”), 10 Section 287.055, Florida Statutes, the City issued Request for Qualifications (“RFQ”) No. 25-045Q 11 on August 19, 2025 to select a qualified engineering consulting firm to provide design, 12 environmental assessment, permitting, bidding, and construction phase services for the NW 3rd 13 Street – SFWMD C-16 Flood Risk Reduction Project within the Heart of Boynton area; and 14 WHEREAS, the RFQ sought a qualified engineering consultant to deliver a full suite of 15 services, including hydrologic and hydraulic modeling, environmental assessment, preliminary and 16 final design, value engineering, permitting, preparation of bid documents, bidding support, and 17 limited construction administration services during the construction phase; and 18 WHEREAS, the solicitation closed on September 24, 2025, with five (5) firms submitting 19 proposals. An Evaluation Committee was convened to review and score the proposals consistent 20 with CCNA evaluation standards. On November 12, 2025, the Committee shortlisted three (3) firms 21 for interviews. Final presentations and interviews were conducted on December 10, 2025. Based 22 on the final rankings, Keith and Associates, Inc., (“Consultant”) was determined to be the most 23 highly qualified firm to provide the required services; and 24 WHEREAS, on January 20, 2026, the City Commission approved the evaluation 25 committee’s recommendation and authorized staff to negotiate a contract with the Consultant 26 through Resolution No. R26-009. Negotiation meetings were held on January 22, 2026, February 27 12, 2026, and March 2, 2026. The final scope of work was confirmed to include all services 28 necessary to deliver the project, and the fee proposal was deemed fair, competitive, and 29 reasonable; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to award RFQ No. 25-045Q for Engineering 32 520 RESOLUTION NO. R26-059 Design and Environmental Review Services for NW 3rd Street – SFWMD C-16, Flood Risk 33 Reduction (Grant Funded) to Keith and Associates, Inc., and approve a Professional Services 34 Agreement between the City and Keith and Associates, Inc., in an amount not to exceed 35 $2,074,704.00. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT: 39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 42 award RFQ No. 25-045Q for Engineering Design and Environmental Review Services for NW 3rd 43 Street – SFWMD C-16, Flood Risk Reduction (Grant Funded) to Keith and Associates, Inc. 44 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve a Professional Services Agreement between the City and Keith and Associates, Inc., in an 46 amount not to exceed $2,074,704.00 (the “Agreement”), in form and substance similar to that 47 attached as Exhibit A. 48 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 50 ancillary documents required under the Agreement or necessary to accomplish the purposes of 51 the Agreement, including any term extensions as provided in the Agreement, provided such 52 documents do not modify the financial terms or material terms. 53 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 54 of the City. A copy of the fully executed Agreement shall be provided to Dr. Poonam Kalkat to 55 forward to the Consultant. 56 SECTION 6. This Resolution shall take effect in accordance with the law. 57 [SIGNATURES ON THE FOLLOWING PAGE] 58 59 521 RESOLUTION NO. R26-059 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor – Rebecca Shelton _____ _____ 63 64 Vice-Mayor – Thomas Turkin _____ _____ 65 66 Commissioner – Angela Cruz _____ _____ 67 68 Commissioner – Mack McCray _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 VOTE ______ 73 ATTEST: 74 75 _____________________________ ______________________________ 76 Tammy Stanzione, CMC Rebecca Shelton 77 Interim City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal) 81 82 _______________________________ 83 Shawna G. Lamb 84 City Attorney 85 522 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-1 ENGINEERING DESIGN SERVICES – NW 3RD STREET – SFWMD C-16 (HEART OF BOYNTON), FLOOD RISK REDUCTION (GRANT FUNDED) RFQ No. 25-045Q 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 Keith and Associates, Inc. a corporation authorized to do business in the State of Florida, with a business address of 301 E. Atlantic Blvd, Pompano Beach, FL 33060, 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 _________________, 2026, 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 Engineering Design and Environmental Review Services – NW 3rd Street – SFWMD C-16, Flood Risk Reduction (Grant Funded), 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. 1.3 CONSULTANT shall complete all work in accordance with the phases of services described below, as more specifically described in the RFQ. 523 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-2 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 11 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 (f) Utilities coordination documentation (g) Environmental documents (if applicable) (the “Preliminary Design Package”). 524 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-3 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. 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; 525 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-4 (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: (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 526 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-5 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 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 527 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-6 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 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). 528 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-7 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 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 529 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-8 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 Jose C. Huertas, Engineer IV and Poonam Kalkat, Utilities Director. 1.16 The CONSULTANT’S Representative during the performance of the Agreement shall be Michael Cartossa, Project Manager, Senior Associate. 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 shall continue until completion of the services described herein, unless earlier terminated in accordance with this Agreement. The schedule set forth in this section applies only to Phase I services, which include planning, design, modeling, surveys, environmental review, permitting, and preparation of the bidding package for the Project. All Phase I planning and design activities, including submission of the final invoice for Phase I services, shall be completed within three hundred thirty (330) calendar days, or as otherwise required to comply with the applicable grant schedule. Phase II services, consisting of bidding assistance and construction administration, shall be performed only upon approval of the grant funding for Phase II and issuance of a Notice to Proceed (NTP) to the construction contractor. The schedule for Phase II services shall be based on the construction contract schedule and the NTP date issued to the contractor. Notwithstanding the above, the total contract duration between the CITY and the CONSULTANT shall not exceed eighteen (18) months (five hundred forty-eight (548) days) from the date the construction bid for the Project is advertised, consistent with the schedule provided in the CONSULTANT’s proposal. 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. 530 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-9 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: Two Million Seventy-Four Thousand Seven Hundred Four Dollars and Zero Cents ($2,074,704.00). 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. d. Invoices shall be submitted to: Boynton Beach Finance Department 531 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-10 Attn: Accounts Payable 100 E. Ocean Avenue Boynton Beach, FL 33435 Email: AP@bbfl.us Invoices shall be concurrently emailed 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; 532 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-11 g. By-pass plumbing, when applicable; 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, 533 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-12 CONSULTANT shall suspend work on the portion of the scope of services affected by a contemplated 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 534 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-13 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. 535 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-14 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. 536 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-15 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 under this Agreement and City projects to the City. 537 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-16 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. 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 538 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-17 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. 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. 539 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-18 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: Michael Cartossa & Jorge Valle-Pellot Keith and Associates, Inc. 301 E. Atlantic Blvd. Pompano Beach, FL 33060 Phone: (561) 469-0992 Email: mcartossa@keithteam.com Email: jvalle@keithteam.com 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 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. 540 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-19 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, 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. 541 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-20 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. 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, 542 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-21 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 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 543 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-22 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. 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 544 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-23 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. 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 545 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-24 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. § 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 546 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-25 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. 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. 547 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-26 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. 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. 548 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) A-27 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 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. 549 550 EXHIBIT A FEE SCHEDULE 551 www.KEITHteam.com Pompano Beach (HQ) Miami West Palm Beach Orlando Port Saint Lucie AGREEMENT FOR PROFESSIONAL SERVICES February 10, 2026 Rev. March 6, 2026 Keith Webber City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Phone: (561) 742 – 6000 E-mail: webberk@bbfl.us Project Name: Heart of Boynton Beach Project Location: Boynton Beach, FL KEITH Project Number: 15617.00 Dear Keith Webber: In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith and Associates, Inc. dba KEITH (CONSULTANT) and City of Boynton Beach ("CITY") for professional services is submitted for your consideration and approval. The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT and accepted by CITY, and to establish the contractual conditions between CONSULTANT and CITY with respect to the proposed services. CONSULTANT will begin work within ten (10) days after receipt of a fully executed copy of this Agreement. Such receipt will constitute written notice to proceed. This proposal will remain valid for thirty (30) days. PROJECT UNDERSTANDING The CITY has requested that CONSULTANT assist in the development of The Heart of Boynton. The PROJECT SITE is located in eastern Boynton Beach, Florida between I-95, US 1, Boynton Beach Boulevard, and the C-16 Canal. The project consists of stormwater infrastructure improvements to increase the system capacity and reduce flooding. The project is divided into two (2) phases. Phase I will consist of Design, modeling and permitting, and Phase II will consist of construction administration services, upon grant approval. Additional information in graphic format is included on the following page. CONSULTANT will be responsible for the following disciplines: Survey, Subsurface Utility Engineering (SUE), Civil Engineering, Landscape Architecture and CEI Services. The scope of work is specifically described on the following pages and does not include work by other necessary disciplines unless specifically noted in the contract. The CITY/OWNER is responsible for all other disciplines to complete the project. For this project CONSULTANT has included Baxter and Woodman (Stormwater Modeling / H&H Study and Modeling), ECS Florida, LLC (Geotechnical Engineering / Environmental Engineering), The Merchant Strategy (S/WBE) (Public Outreach), TBG Consulting, LLC (SBE) (Construction Cost Estimating / Constructability Review). CONSULTANT has identified the following agencies that will require coordination, submittals and or permitting throughout the project: City of Boynton Beach Planning & Development, Engineering, City of Boynton Beach Utilities, South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT), Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Palm Beach County Land Development (PBCLD) , Palm Beach County Roadway Division, Palm Beach County Health Department, Boynton Beach Fire Rescue Approval. If additional agency coordination is required, this will be included as a contract addendum. The CITY is responsible to provide GIS, record drawings, existing ICPR mode. 552 March 6, 2026 / Page 2 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CAD Standards: CONSULTANT will use its CAD standards to create and complete all deliverables within this agreement. Project Areas – Site Map 553 March 6, 2026 / Page 3 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach APPROACH CONSULTANT believes in a context-based approach that considers multiple facets of the development process resulting in solutions that are curated for each authentic scenario. In addition to the traditional design approach, we believe careful consideration should be given to economic, ecological, and social factors. This cohesive approach to each project is engineered to enhance the opportunity for a resilient solution. Our approach is categorized into the following three general phases: Exploration Phase – The process of becoming familiar with an area through extensive analysis. Inspiration Phase – The process of developing ideas emanating from the exploration process. Implementation Phase – The process of activating a decision or plan 554 March 6, 2026 / Page 4 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach PROJECT SCOPE CONSULTANT will provide the below services to assist the CITY and Project Team. ☒ Survey ☐ ALTA/NSPS ☒ Topography ☐ Boundary ☐ Tree ☐ Sketch and Description ☐ Construction Layout ☐ Construction As-Built ☒ ROW ☒ SUE ☒ Horizontal Designation ☒ Location Services ☒ Utility Mapping ☒ Records Research ☒ Utility Coordination ☐ Planning Services ☐ Due Diligence ☐ Platting ☐ Rezoning ☐ Conditional Use Permit ☐ Right of Way Vacation ☐ Site Plan Processing and Coordination ☐ Site Plan / Project Coordination ☐ Other________ ☒ Civil Engineering Services ☒ Paving, Grading and Drainage ☒ Water Distribution and Sanitary Sewer ☒ Erosion Control Plan ☒ Engineering Permitting ☐ Transportation Engineering Services ☐ Major Roadway ☐ Minor Roadway ☐ Drainage ☐ Maintenance of Traffic Plans ☐ Quality Control ☐ Other________ ☐ Traffic Engineering Services ☐Traffic Impact Study ☐Traffic Impact Statement ☐ Parking Study ☐ Pavement Marking and Signage ☐ Signalization ☐ Roadway Lighting ☐ Other________ ☒ Landscape Architecture Services ☐ Hardscape and Paving ☐ Fine Grading ☐ Landscape ☐ Irrigation ☐ Site Lighting / Photometrics ☐ Pools or Water Features ☐ Specialty Features ☒ Tree Inventory & Analysis ☐ Amenity Deck(s) ☐ Other________ ☒ Construction/Program Management Services ☐ Permitting ☒ Bidding Assistance ☐ Building Permit Coordination ☒ Construction Observation ☒ Construction Certification ☐ Other________ It is assumed adequate service points already exist on-site or at the abutting site boundary or in the adjacent public right-of-way. No sewage pump station or offsite improvements or extensions, other than service connections, are anticipated under this Proposal. 555 March 6, 2026 / Page 5 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach DESCRIPTION OF SERVICES AND DELIVERABLES PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design • 1.1 Project Management • 1.2 Team Meetings and Meetings with Government Agencies • 1.4 Due Diligence • 1.5 Right-of Way Survey • 1.6 Topographic Survey • 1.7.1 Horizontal Designation Services • 1.7.2 Location Services • 1.7.3 Utility Mapping • 1.7.4 Records Research • 1.7.5 Utility Coordination • 1.8 Environmental Assessment • 1.9 Geotechnical Investigation Task 2 – Preliminary Design Report • 2.1 Existing H&H Modeling Review and Update • 2.2 Draft and Final Design Report, H&H Modeling, and Options • 2.3 BCA Compliance Verification Task 3 – Final Design and Plan Development • 3.1.1 Preliminary Civil Engineering Design Plans (30%) • 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) • 3.2 Technical Specifications • 3.3 Engineer’s Opinion of Probable Cost • 3.4 Engineering Permitting • 3.5 Tree Inventory and Appraisal by Certified Arborist Task 4 – Public Outreach Coordination (Design Phase) PHASE 2 (Construction - Subject to Approval of Phase 2 Grant) Task 5 – Bidding Assistance (CITY will advertise and issue Addenda with CONSULTANT’s Inputs) Task 6 – Limited Construction Administration Services • 6.1 Shop Drawing Reviews • 6.2 Periodic Site Visits and Construction Observation • 6.4 Issue Clarifications • 6.5 Meetings and Conference Calls • 6.6 As-Builts Review • 6.7 Final Inspections • 6.8 Final Certifications Task 7 - Public Outreach Coordination (Construction Phase) 556 March 6, 2026 / Page 6 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design 1.1 Project Management CONSULTANT will perform contract maintenance including project management efforts for setup and maintenance of files, electronic folders and documents, schedule updates, and progress reports to CITY. CONSULTANT will establish responsibilities among project team members, lines of communication, project schedule and budget to ensure project goals are achieved. CONSULTANT will coordinate invoices with subconsultants, prepare and submit monthly invoices including monthly status reports. Quality Control & Quality Assurance (QC/QA) CONSULTANT employs a Quality Control (QC) and Quality Assurance (QA) process on all project tasks to ensure all projects meet the highest standards of quality, regulatory requirements, best practices and ultimately CITY satisfaction. Quality is achieved through proper planning, coordination, supervision, technical direction, definition of job requirements and by skilled personnel performing their work functions carefully. Quality is controlled through checking, reviewing, and surveillance of work activities by individuals who are not directly responsible for performing the initial work activity. Quality is verified by having a manager or designee performing Quality Assurance functions consisting of surveillance and auditing of the work and the procedures followed when performing the work. Quality is assured through independent reviews by qualified staff of the processes, procedures, documentation, supervision, technical directions, and staffing associated with the project. Quality Assurance (QA) will be performed at project management level and Quality Control (QC) is included in every task. 1.2 Team Meetings and Meetings with Government Agencies CONSULTANT will coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings, review with City Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State and County Agencies required for final permit submittals. CONSULTANT will prepare for and attend all team meetings on an as needed basis for the duration of the project. CONSULTANT will be represented at reoccurring team meetings by the project manager and when necessary any team experts for specific disciplines. It is anticipated that ten (10) general meetings with agencies and three (3) review meetings with CITY at 30%, 60% and 90% are included. For all applicable meetings CONSULTANT will provide meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. Unless directed otherwise by the CITY these meeting minutes will only serve to capture the items directly responsible to the CONSULTANT team and the interaction with agencies and/or the CITY. 1.4 Due Diligence The purpose of this task is to work collaboratively with the design team to understand the context and influences on the project and to communicate these to the Team for review and discussion. The end goal is to develop an overview of the existing neighborhood, previously prepared concepts/model, code, and regulatory constraints and required agency coordination to understand potential strengths, weaknesses, and opportunities of the site. CONSULTANT will research, review, and evaluate available existing data, permits, as-builts, policies, regulations, existing mapping, studies, models, reports, and Light Detection and Ranging (LiDAR) information to validate or correct this data or obtain missing data to fully understand the existing stormwater infrastructure system within the CITY limits. 557 March 6, 2026 / Page 7 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CONSULTANT will utilize the LiDAR information in order to prepare the hydraulic model of the existing conditions. An inventory of the existing stormwater infrastructure will be based on the available existing data. No field inspections are anticipated. The CITY will provide information regarding the previous storm events to CONSULTANT for the calibration of the model. 1.5 Right-of Way Survey CONSULTANT will prepare Right of Way (ROW) Mapping for the project areas shown above in red (proposed drainage improvements) to support planning, design, and permitting efforts associated with private development. The ROW Map will be based on available record information, documents provided by the CITY, and survey field data. The remainder of the project area will be depicted as for planning purposes and does not constitute a boundary or Right of Way survey. • Obtain and review available record documents including: o Recorded plats. o Deeds and right-of-way conveyances. o Easement agreements. o Prior right-of-way maps or sketch exhibits. • Review documents provided by the CITY. • CONSULTANT will perform an analysis of record documents to: o Identify apparent public and private right-of-way limits affecting the project. o Evaluate roadway frontage, access points, and apparent ownership transitions. • CONSULTANT will prepare a base map depicting, as applicable: o Apparent right-of-way lines Adjacent parcel outlines and project boundary limits for reference. o Easements, access agreements, and rights-of-way impacting the development site. o Recorded roadway centerlines or edge-of-pavement references when available from record data. o Parcel identifiers and document references as shown in the public records. 1.6 Topographic Survey The topographic information will be gathered with a combination of LiDAR and conventional ground survey. Topographic information will include ground identifiable features if visible and accessible. Limits will extend to 5 feet past the Right-of-Way. • Prepare a survey in accordance with Rule 5J-17, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. • Prepare a digital terrain model suitable to provide 1-foot contours of the project limits. • The survey will consist of site features and general ground elevations and breaks in grade. • Spot elevations will be shown as derived from the DTM or ground survey. • Survey of the Canal o The Survey will start at the North/South top of bank extended to the SFWMD C-16 canal running East/West. Elevations will be GPS-based and shown at an interval of approximately 100 feet, including intermediate changes in grade, from edge of water to edge of water. The survey drawing will include the canals cross-sectional “spot” elevations at the described interval. • The Topographic Survey will include: o Above-ground improvements on the subject’s property if visible and attainable. o Footprint of building structures. o Surface location of visible underground utilities (manholes, catch basins, valves, vaults, hand holes). o Rim and invert elevations of storm and sanitary manholes, culverts, catch basins, and outfalls including pipe sizes and type if attainable. If storm or sewer manhole structures 558 March 6, 2026 / Page 8 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach are full of water and/or debris making sufficient measurement of inverts and other information not measurable, CITY will be notified that maintenance activities are required prior to measurement. Survey estimate based on preliminary estimate of 42 structures total – 30 manholes and 12 catch basins. o Finish floor elevations of residences. o Sub-surface designation or location of underground utilities. Traffic pavement striping. o Parking spaces. o Overhead wires (horizontal location only). o Type and height of walls, fences. o Outline of areas of dense vegetation such as tree lines, bushes, hedges, and shrubs within the right of way. o Outline of landscaped areas. o Individual trees (and shrubs) over 4-inch caliper measured at breast height when not included within areas of dense vegetation unless specifically requested. • The Topographic Survey will not include: o Sub-surface foundations or structures. o Individual trees when within areas of dense vegetation. o Sprinkler Heads, irrigation equipment. o Underwater mapping/features. o Temporary features such as a trailer, delineator dome, landscape lighting, etc. • Deliverable will be an AutoCAD Civil 3d file utilizing CONSULTANT CAD standards and a signed and sealed plot (pdf) of the Survey. Terrestrial Mobile Mapping • The purpose of this terrestrial mobile mapping application is to acquire high-resolution geospatial data using vehicle-mounted sensors for efficient and accurate mapping of the project area. The mobile mapping system is equipped with LiDAR, GNSS, IMU, and high-definition cameras to collect spatial data while traversing the site. • LiDAR Processing o The accuracy analysis of the LiDAR point cloud data will conform to the requirements set forth in the ASPRS Positional Accuracy Standards for Digital Geospatial Data, Edition 2, Version 2 (2024), as published by the American Society for Photogrammetry and Remote Sensing (ASPRS). LiDAR data will be processed to meet industry standards, with a focus on bare earth representation. CONSULTANT will review the bare earth data to confirm areas where vegetation density may have impacted LiDAR penetration. If required, supplemental ground measurements will be performed to support data completeness. • Extraction o CONSULTANT will extract all visible and unobstructed topographic and planimetric features from the 3D stereo image models and the classified LiDAR point cloud in accordance with the project specifications. o A Digital Terrain Model (DTM), incorporating breaklines and spot elevations, will be developed to meet the defined project requirements and applicable industry standards. o Features extracted from the LiDAR may be combined with ground surveyed features during the final mapping process. Title Search • CONSULTANT has identified up to five (5) properties next to SFWMD canal (as shown on aerial below) where drainage outfalls will be potentially installed. CONSULTANT will perform title search services for these properties. • Fee includes Not to Exceed time and materials for $15,000.00 ($3,000/each). 559 March 6, 2026 / Page 9 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach • CONSULTANT will prepare up to four (4) Sketches to Accompany Legal Descriptions for Easements, two (2) of the Sketches for the outfall locations for $12,000 ($3,000/each). • Add 4 easements sketch & descriptions and $/each up to 2 outfall locations SURVEY ASSUMPTIONS • Horizontal data will be reported in the North American Datum of 1983, 2011 adjustment (NAD 83/2011). Vertical data will be reported in the North American Vertical Datum of 1988. Horizontal and vertical data will be collected using RTK GPS and conventional methods with an accuracy of +/- 0.2’. • This survey does not include a tree inventory assessment. Tree species identification will be limited to general classifications (e.g., oak, palm, pine) and should not be considered botanically accurate or relied upon for precise nomenclature. • Expenses for travel are included in our base fee. • Utility Information scope of service excludes the cleaning of underground structures. • Utility Information scope of service excludes the maintenance of traffic requirements. If structures within the roadway require maintenance of traffic (traffic control) a contract amendment for this services request fee will be required. • CONSULTANT will utilize its established CAD standards, (in AutoCAD Civil 3D 2025) for the creation and completion of all deliverables under this agreement. • This service is strictly record-based and does not constitute a boundary, ALTA/NSPS. • No determination of property ownership beyond record document review. • ROW staking, monumentation, or property corner recovery is excluded. • ROW acquisitions, dedications, or vacation documents are excluded. • CONSULTANT does not certify ownership, jurisdictional authority, or enforceability of recorded rights-of-way or easements. 1.7 Subsurface Utility Engineering (SUE) and Utility Coordination CONSULTANT will follow ASCE Standard 38-22 – “Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data” during the field and office operations for this project. The quality levels discussed below are defined within the standard. CONSULTANT is to provide professional services associated with designation, location, and mapping of existing subsurface utilities. CONSULTANT will designate all known tone able and non‑tone able utilities within the limits of Sara Sims Park, including 560 March 6, 2026 / Page 10 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach NW 1st Street and extending east to the back of sidewalk along N Seacrest Boulevard. Approximately 15,000 linear feet of roadway will be included, encompassing the full right‑of‑way plus five (5) feet into the adjacent property, as depicted by the magenta‑highlighted areas on the attached aerial exhibit. In addition, a 10‑foot radius around 42 SPT and percolation test soil boring locations will be designated. CONSULTANT will perform up to one hundred (100) test hole investigations, including the associated designation layout, data collection, and mapping. Gravity systems, service laterals, irrigation or overhead facilities are not included in this investigation. Survey/SUE Horizontal Designation Limits 1.7.1 Horizontal Designation Services CONSULTANT will horizontally mark any known tone able and non-tone able underground utilities that are represented on as-built plans, above ground appurtenances, and other miscellaneous utility records (to be provided by CITY). The designation limits will include the magenta‑highlighted areas shown on the attached aerial exhibit, consisting of Sara Sims Park and approximately 15,000 linear feet of right‑of‑way (extending 5’ past the right of way). The limits also include forty- two (42) soil boring locations, each with a 10‑foot radius, and the layout of up to one hundred (100) test hole locations. Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CITY and included in the scope of services. 1.7.2 Location Services CONSULTANT will perform up to one hundred (100) test holes at specific sites requested by the design engineer. Test holes will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of minimum size (usually 1’ by 1’). Backfill of test holes will be 561 March 6, 2026 / Page 11 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach performed utilizing the removed material, if suitable. Areas will be restored back as close as possible to their original condition. Installation of an identifiable above ground marker will be performed at each test hole location. Field markers will consist of a nail and disk in asphalt, or an iron rod and cap with survey stake in grassed areas. Test holes performed in the street will be patched using cold patch. The test hole number and utility will be identified on the ground or on the stake, as appropriate. A test hole summary report will be created providing coordinates, depth of cover, type, size, and material if applicable. There is a four (4) test hole minimum for location services. Subsurface Utility Engineering Conditions and Understandings CITY is required by law to contract Sunshine State One Call of Florida forty-eight (48) hours in advance of any CITY excavation. CONSULTANT will not access confined spaces. If confined spaces need to be accessed for locating purposes, then the CITY will be notified, and further arrangements will be made for said access. Additional fees may be applicable. If additional MOT is required beyond the capability of CONSULTANTS standard MOT operations, CONSULTANT will notify the CITY. Additional requests outside the scope of services, when requested by CITY and/or CITY’s representative, will be invoiced on an hourly basis. This proposal assumes site access is available and work can be performed between the hours of 7:30 AM and 5:00 PM Monday through Friday. 1.7.3 Utility Mapping CONSULTANT will perform surveying services to collect the surface markings completed in Task 1.7.1 and/or Task 1.7.2 that mark the underground utilities. Survey of said markings will be based on Real-Time Kinematic (RTK) GPS observations and referenced to the Florida State Plane Coordinate System (NAD83/11) and the North American Vertical Datum of 1988 (NAVD88). Survey of Horizontal Designations will be delivered in a geo-referenced (NAD83/11) AutoCAD file. Survey of Location Services (test holes) will be delivered in Excel in PNEZD format. 1.7.4 Records Research CONSULTANT will perform utility records research to assist design team and/or CITY in identifying utility owners that may have facilities within project limits and may be affected by the project. CONSULTANT will collect any applicable utility owner records for review, assistance, and development of a composite drawing or equivalent. All obtained utility information will have the corresponding quality levels indicated; utility type and/or ownership; date of depiction; accuracy of depicted appurtenances; active or out-of-service status; size; condition; and encasement (if applicable). 1.7.5 Utility Coordination The purpose of utility coordination is to ensure that all utility negotiations have been completed and arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. Identifying Existing Utility Agency Owner(s) CONSULTANT will identify all utilities within project limits/boundaries that may be impacted by the project. CONSULTANT will: • obtain/update design ticket from One Call Sunshine (811) service. • review available survey data. 562 March 6, 2026 / Page 12 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Make Utility Contacts CONSULTANT will make up to 2 formal utility contacts: • First Contact: transmit to UAOs Constructability set of plans with utility facilities shown on the plans. Request mark-ups, potential conflict locations and costs for relocations. • Second Contact: final plans distribution to UAOs. Distribute to UAOs updated project schedule. Request from UAOs documentation with final disposition of utility facilities within project limits. Identify agreements and bundle all utility information in the final utility package. Transfer final utility package to Project Manager. Based on the projects complexity more contacts may be necessary. Those contacts will require additional compensation. Collect and Review Plans and Data from UAO(s) CONSULTANT will review utility marked plans and data individually as they are received for content. Ensure information from the UAO (utility type, material, and size) is sent to the designer for inclusion in the plans. Forward all requests for utility reimbursement and supporting documentation to the Project Manager. Utility Design Meeting CONSULTANT will schedule, notify participants, and conduct a Utility meeting with affected UAO(s) if needed. The intent of this meeting will be to assist the UAOs in identifying and resolving conflicts between utilities and proposed construction before completion of the plans. CONSULTANT will keep minutes of all utility meetings and distribute a copy to all attendees. Review Utility Markups & Work Schedules and Processing of Schedules & Agreements CONSULTANT will review utility marked up plans, work schedules, and other documents as they are received for content and will share received information with Project Manager/Design team. Utility Coordination/Follow-up CONSULTANT will provide utility coordination and follow up. This includes follow-up and assisting the UAOs with completion of their work schedules and agreements. Includes phone calls, face- to-face meetings, etc. Ensure the resolution of all known conflicts. Utility Constructability Review CONSULTANT will review utility plans and work schedules for compatibility with construction plans and schedule (if provided) for all UAOs that are impacted by the project. Utility Coordination Certification/Close-Out CONSULTANT will complete utility coordination and prepare a package containing a list of contacted UAOs and their responses related to the construction of the project. The package will be submitted to Project Manager and Design team. 1.8 Environmental Assessment (ECS) ECS will support the City of Boynton Beach and CONSULTANT as the environmental and regulatory lead for the Heart of Boynton Coastal Resiliency Project. ECS’s role is to help the project clear FEMA requirements, complete NEPA and Environmental and Historic Preservation review, and obtain required environmental approvals without impacting design or funding. ECS will lead FEMA NEPA and Environmental and Historic Preservation coordination with FEMA Region IV and the Florida Division of Emergency Management. An Environmental Assessment or EA-level documentation effort is anticipated based on project location, floodplain conditions, and proposed 563 March 6, 2026 / Page 13 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach stormwater improvements. ECS will manage NEPA scoping, documentation, Environmental Justice review, and floodplain compliance under Executive Order 11988. Cultural resources compliance under Section 106 of the National Historic Preservation Act will be addressed as part of the NEPA process through an ECS-managed qualified subcontractor, including coordination with the Florida State Historic Preservation Officer. ECS will complete environmental contamination screening appropriate for trenching, exfiltration systems, and subsurface work, including Phase I ESA-equivalent review and additional investigation if needed. ECS will also evaluate wetlands, waters, and protected species, with targeted field verification as appropriate, and develop avoidance, minimization, and construction best management practices. ECS will support anticipated environmental permitting, including USACE Section 408 permission associated with the SFWMD C-16 Canal, screening for Clean Water Act Section 404 and Rivers and Harbors Act Section 10, FDEP Environmental Resource Permit documentation and SFWMD coordination, and local environmental and Right-of-Way permitting. ECS will prepare environmental exhibits, participate in agency coordination, and support responses to environmental comments. ECS will not serve as permit applicant of record. ECS will maintain files for potential audit throughout the project to support FEMA and FDEM review and protect HMGP reimbursement eligibility. 1.9 Geotechnical Investigation (ECS) ECS will provide geotechnical engineering support for planning, design, and permitting of the Heart of Boynton Coastal Resiliency Project. ECS’s role is to support stormwater infrastructure design, trenching, exfiltration systems, and associated improvements with reliable subsurface data and practical engineering recommendations. Services will include a subsurface investigation program consisting of soil borings and field testing within proposed improvement areas. ECS will evaluate subsurface conditions, groundwater levels, and soil characteristics relevant to stormwater conveyance, exfiltration performance, and trench stability. Laboratory testing will be performed as needed. ECS will prepare a geotechnical engineering report summarizing subsurface conditions and providing recommendations for excavation, backfill, pavement support, and stormwater infrastructure installation. During design and construction, ECS will support CONSULTANT with geotechnical clarifications and review of differing field conditions. o 25 SPT’s (20’ depth) o 17 Percolation Testing (10’ depth) o 17 Horizontal & Vertical Percolation Testing o 25 Pavement Cores Task 2 – Preliminary Design Report 2.1 Existing H&H Modeling Review and Update The CITY has an existing model of this area which was prepared in December 2021 with updates during 2025. The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the CITY’s Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in 564 March 6, 2026 / Page 14 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the CONSULTANT and agreed to by the CONSULTANT and the CITY. Up to three (3) alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2.2 Draft and Final Design Report, H&H Modeling, and Options CONSULTANT will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by CONSULTANT. The Final PDR will incorporate CONSULTANT’S comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 2.3 BCA Compliance Verification CONSULTANT will prepare a FEMA‑compliant Benefit‑Cost Analysis (BCA) to support the CITY’s grant application for the neighborhood drainage improvement project. Services include: Data Collection & Review Compile and evaluate available hydrologic/hydraulic data, flood history, structure inventories, valuations, and project cost estimates required for FEMA’s BCA methodology. Identify and coordinate resolution of any data gaps. Damage & Benefit Evaluation Develop existing‑condition and with‑project damage estimates using FEMA‑approved methodologies. Quantify eligible benefits such as avoided property damage, emergency response costs, displacement, and infrastructure impacts. BCR Development at Design Milestones Prepare and run the FEMA BCA Toolkit at the 90% Construction Documents (CD) stage and update the analysis at 100% CDs. Apply FEMA‑required discount rates and project life assumptions and calculate the Benefit‑Cost Ratio (BCR). Perform adjustments or sensitivity checks as needed to demonstrate cost‑effectiveness. Documentation Provide a complete BCA package for each milestone, including the BCA Toolkit file, a brief technical memo summarizing methods and assumptions, and supporting tables, figures, and backup data suitable for grant submission. Coordination & Revisions Participate in up to two coordination meetings and provide reasonable updates or responses to state or FEMA reviewer comments during the grant evaluation process. 565 March 6, 2026 / Page 15 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Task 3 – Final Design and Plan Development 3.1 Design Drawings Submittals 3.1.1 Preliminary Civil Engineering Design Plans (30%) CONSULTANT will prepare preliminary plans for CITY review. CONSULTANT will research existing available records for the project and prepare preliminary civil engineering plans for the infrastructure improvements to support the processing of the site plan layout for the Project. The preliminary civil engineering plans will be prepared in accordance with the CITY and regulatory agency requirements and will include Paving, Grading and Drainage, Water and Sewer System adjustments and services. The preliminary engineering plan will include available existing utility information collected from various sources (Government Agencies, Utility providers etc.). This preliminary utility information will be relied upon by CONSULTANT in the preliminary design phase. Final design may require additional survey and Subsurface Utility investigation to verify the preliminary information supplied to or obtained by CONSULTANT. CONSULTANT’s topographic survey will be utilized as a base for the preliminary civil plans. Preliminary water, sanitary sewer and drainage calculations will be performed (as needed) to address the impacts of the proposed development relating to the requirements of the site plan submission. The plans will contain the location of the proposed site lighting as designed by the CITY’s other Consultants. This proposal does not include the design of the site or roadway lighting system(s). Deliverables • Preliminary Design Plans. • Preliminary Water, Sewer and Drainage Calculations as required. 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) Paving, Grading, and Drainage Plans CONSULTANT will prepare on-site paving, grading, and drainage construction plans, to support the proposed development, which meet the requirements of the jurisdictional regulatory agencies. Calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. The stormwater management system will address water quality treatment and water quantity storage to meet the requirements of the jurisdictional agencies. It is anticipated that the proposed drainage system will consist of a series of catch basins, pipes, swales, and/or dry retention areas. Exfiltration trenches may be proposed for water quality treatment. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by others as required. No offsite roadway improvements beyond a direct driveway connection to the immediately adjacent road are anticipated and as such not included in this Agreement. Fees for these services will be submitted to CITY as additional services under a contract addendum if required. Pavement Marking and Signing Plans CONSULTANT will prepare a signing and pavement marking plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. 566 March 6, 2026 / Page 16 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Water Distribution and Sanitary Sewer Plans CONSULTANT will prepare combined water distribution and sanitary sewer system plans to service the proposed development. Water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. It is anticipated that all existing utility infrastructure is adequate to provide the required domestic water, fire, and sanitary sewer services to the proposed improvements. An evaluation of the existing infrastructure regarding capacity to service the proposed development will be made. Design services for Public Infrastructure improvements required to serve the proposed development will be addressed with a supplemental additional services agreement. These engineering services do not include the extension/replacement and/or upsizing of any water and/or sanitary sewer mains surrounding the site. Services associated with designing and permitting any off-site infrastructure improvements (including off-site lift stations) required to provide service to the site will be addressed as additional services. Erosion Control Plans CONSULTANT will prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor’s use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the “Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)” through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. Demolition Plan CONSULTANT will prepare a Demolition Plans incorporating removal of the existing improvements in conflict with the proposed facilities. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables • Construction Documents (60%, 90% and 100% Construction Documents) for above referenced Plans. • Specifications – For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) • Water, Sewer and Drainage Calculations as required. 3.2 Technical Specifications Technical Specifications will conform with City of Boynton Beach Standard Specifications for Construction. The CITY will provide CONSULTANT with technical specification package to be reviewed and signed and sealed by CONSULTANT and to be included in the contract documents. CONSULTANT will provide CITY with electronically signed and sealed Construction Plans Set for bidding purposes upon completion of the review process. 567 March 6, 2026 / Page 17 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach 3.3 Engineer’s Opinion of Probable Cost CONSULTANT will prepare cost estimates at 30%, 60%, 90%, 100% plan submittal using TBG cost estimates. 3.4 Engineering Permitting CONSULTANT will prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Paving, Grading, and Drainage System • City of Boynton Beach Planning & Development, Engineering – ROW Permit • South Florida Water Management District (SFWMD) – ERP • South Florida Water Management District (SFWMD) – Water Use Permit Dewatering • South Florida Water Management District (SFWMD) – ROW Permit • Army Corps of Engineers (ACOE) – Section 408 (by SFWMD) • Army Corps of Engineers (ACOE) – Nationwide Permit • Florida Department of Transportation (FDOT) – Access / Drainage Permit • Palm Beach County Land Development (PBCLD) – ROW Permit Water and Sewer System • City of Boynton Beach Utilities Review • Palm Beach County Health Department Permit (if required) CONSULTANT will supply erosion control plans and ERP / Surface Water management permits, to the owner and building contractor for contractor’s use in preparing the NPDES Storm Water Pollution Prevention Plan (SWPPP) and securing the required NPDES Construction Activity Permit. The contractor (as permittee) is responsible to monitor the construction activity for compliance with the NPDES permit and report to FDEP in accordance with the Permit. If additional permits are required, CONSULTANT will process them and the fees for these additional services will be submitted to CITY as additional services under a contract addendum if required. Application fees for the permits will be paid under the reimbursables for this project. Deliverables • Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. 3.5 Tree Inventory and Appraisal by Certified Arborist CONSULTANT will visit the project to confirm and evaluate the location, size and quality of existing trees within the areas impacted by drainage improvements (up to areas shown below in red including the Sara Sims Park as needed) and identify which trees are to be removed or relocated, as well as any remaining trees that will require protection. Tree locations to be based on the topographic survey provided under CONSULTANT Task 1.6. 568 March 6, 2026 / Page 18 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Deliverables • CONSULTANT will develop a Tree Disposition Plan depicting all existing trees on the project site. This plan will indicate species (scientific and common name), size (DBH, height and canopy spread) and condition according to ISA regional information. Plan will also note which trees are to be removed, which are to be relocated, and which are to remain and be protected throughout construction. • CONSULTANT will develop a table including basic tabulations and calculations for tree removal and mitigation as required by local jurisdiction. • Arborist Report if required by the City of Boynton Beach for specimen-sized trees. Report will include individual photos and condition narrative for all specimen-sized trees including visible health issues, site conditions and other relevant trees and species information. Task 4 – Public Outreach Coordination (Design Phase) Public Outreach Meetings (Two Meetings) TMS will handle logistics for two (2) public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit two (2) public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. TMS will provide one (1) staff member to attend two (2) public outreach meetings. TMS will provide sign- in sheets, take notes and provide summary to CITY. Resident Concern Log TMS will develop a stakeholder database that includes all residential and commercial properties, schools, hospitals, and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office, Google Earth and Google Maps. Additional stakeholders include Homeowners, Property, Condo, and Neighborhood Associations, elected officials, schools, places of worship, and other interested parties. Task includes QAQC by supervisor. 569 March 6, 2026 / Page 19 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). Calls that come in before/after hours will be responded to the next business day. ONE-TIME FEE TMS will provide CITY with monthly summary report of hotline communication. Project Website Development & Maintenance TMS will develop a project webpage which can be hyperlinked to the CITY's webpage. Webpage will provide project information, location, schedule, important dates, documents, FAQ, and a contact us feature. ONE-TIME FEE includes Development of webpage; SSL certification for project duration; webpage hosting for project duration; Google translate; ADA compliance; and QAQC by supervisor with up to two (2) rounds of edits. TMS will update and maintain the webpage. Task includes QAQC by supervisor. PHASE 2 (Construction Administration) Task 5 – Bidding Assistance Services CONSULTANT will assist CITY during procurement of the Project. Such assistance includes reviewing cost estimate/proposal from Contractors, responding to Requests for Information ("RFIs"), and attending the pre-bid meeting held prior to the advertised bid date. CONSULTANT will provide timely responses to the inquiries of potential bidders through written addenda. CONSULTANT will send these queries to the CITY’s Contract Administrator. CONSULTANT will evaluate the bids for completeness, full responsiveness, and price, including alternative and unit prices, and will make a formal recommendation to CITY regarding the award of Contract. CITY will evaluate the bid for nontechnical requirements. Task 6 – Limited Construction Administration Services Construction Observation for Certification CONSULTANT will provide construction services to ensure the integrity of the design intent and certify to the CITY and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take place in the time frame indicated in the “SCHEDULE” for CONSTRUCTION ADMINISTRATION SERVICES below. It is assumed total construction schedule to be eighteen (18) months including two (2) months of start up and two (2) months of close out and certifications. 6.1 Shop Drawing Reviews CONSULTANT will review required shop drawings, such as samples, product data, plant photos, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. CONSULTANT will also determine the acceptability, subject to CITY approval, of substitute materials and equipment proposed by contractors. 570 March 6, 2026 / Page 20 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach 6.2 Periodic Site Visits and Construction Observation CONSULTANT will visit the Project at intervals appropriate to the various stages of construction, as CONSULTANT deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor’s work. It is anticipated that services will consist of twenty (20) hours a week for fourteen (14) months. CONSULTANT will coordinate and attend one (1) Pre-construction Meeting. If required by the CITY, CONSULTANT will attend or participate in CITY scheduled coordination and progress meetings or telephone conferences. The Contractor will coordinate through CONSULTANT the scheduling of testing. CONSULTANT will represent the CITY in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. CONSULTANT will provide additional construction observations at the request of the CITY / Permit agencies due to unforeseen conditions or other circumstances. Additional construction observation services, Re-tests and failed inspections, will be invoiced on a time and material basis in accordance with CONSULTANT Professional Service Fee schedule (attached). CONSULTANT will provide field verification of contract quantities and review and certification of Contractor’s pay applications. 6.3 Issue Clarifications CONSULTANT will issue all instructions and revisions of the CITY to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CITY and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. CONSULTANT will issue revisions to plans due to potential comments from FEMA or other agencies after their review between Phase 1 and Phase 2. 6.4 Meetings and Conference Calls CONSULTANT will attend and/or participate in periodic project meetings and conference calls as requested by the CITY. It is anticipated one (1) meeting a month for eighteen (18) months. CONSULTANT will review requests for information prepared by the Contractor and respond accordingly to all parties. CONSULTANT will prepare drawings supplemental information needed to address the contractor’s request for information. CONSULTANT will provide meeting agenda and meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. 6.5 As-Builts Review CONSULTANT will review the record drawings (as-builts) to ensure substantial conformance to the permitted plans twice. Additional reviews due to non-compliant As-builts submitted by the contractor, may impact schedule and will require additional fees. The contractor will be expected to have the as-builts revised in accordance with all comments. 6.6 Final Inspections CONSULTANT will participate with the CITY’s representative, in a substantial completion inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written “Punch List” of any defective or deficient items. 571 March 6, 2026 / Page 21 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CONSULTANT will participate in a final inspection together with CITY and contractor representatives to verify “Punch List” items are complete, and in substantial conformance to the permitted plans. Additional inspections due to non-compliant Punch List item, may impact schedule and will require additional fees. Upon satisfactory completion of the final inspection, CONSULTANT will certify the work has been completed in substantial conformance to the permitted plans, subject to any conditions therein expressed. 6.7 Final Certifications CONSULTANT will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both CONSULTANT and CITY. We anticipate the following items requiring as-built certification: • Paving, Grading and Drainage System • Water System • Sanitary Sewer System Task 7 – Public Outreach Coordination (Construction Phase) Public Outreach Meeting (One Meeting) TMS will handle logistics for one (1) public outreach meeting. TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit one (1) meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing and postage will be actual and separate. TMS will provide one (1) staff member to attend one (1) public outreach meeting. TMS will provide sign- in sheets, take notes and provide summary to CITY. Hotline and Resident Concern Log TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase. Task includes QAQC by supervisor. TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). TMS will provide CITY with monthly summary report of hotline communication. Project Website Maintenance and Updates TMS will update and maintain the webpage. Task includes QAQC by supervisor. 572 March 6, 2026 / Page 22 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT will commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within 11 months (for Phase 1) and 18 months (for Phase 2) from the time of advertisement of the bid, subject to timely reviews and approvals by all permitting agencies. PHASE 1 (Design) 11 Months Task 1 – Project Coordination and Preliminary Design 1.1 Project Management 11 Months 1.2 Team Meetings and Meetings with Government Agencies on going 1.4 Due Diligence 1 month 1.5 Right-of Way Survey concurrent with task 1.6 1.6 Topographic Survey 6 Months 1.7.1 Horizontal Designation Services 2-3 Months 1.7.2 Location Services 2-3 Months 1.7.3 Utility Mapping 2-3 Months 1.7.4 Records Research 2 Months 1.7.5 Utility Coordination concurrent with task 3 1.8 Environmental Assessment 6-11 Months 1.9 Geotechnical Investigation 2-3 Months Task 2 – Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 1-2 Months 2.2 Draft and Final Design Report, H&H Modeling, and Options 2-3 Months 2.3 BCA Compliance Verification concurrent with task 3.1.2 Task 3 – Final Design and Plan Development 3.1.1 Preliminary Civil Engineering Design Plans (30%) 3 Months 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) 6 Months 3.2 Technical Specifications concurrent with task 3.1.2 3.3 Engineer’s Opinion of Probable Cost concurrent with tasks 3.1.1 & 3.1.2 3.4 Engineering Permitting 8 Months 3.5 Tree Inventory and Appraisal by Certified Arborist 2 Months Task 4 – Public Outreach Coordination (Design Phase) 11 Months PHASE 2 (Construction Administration) 18 months Task 5 – Bidding Assistance 3 Months Task 6 – Limited Construction Administration Services 18 Months Task 7 – Public Outreach Coordination (Construction Phase) 18 Months 573 March 6, 2026 / Page 23 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach COMPENSATION *NOTE: The above “(Hourly/Estimate)” project task fees are based on the durations listed in the Project Schedule above. If the Task scheduled durations exceed the estimated time listed in the Project Schedule above, the “(Hourly/Estimate)” fee will increase proportionally. This work will be billed in accordance with CONSULTANT current Professional Service Fee Schedule. If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned. IN WITNESS WHEREOF, CONSULTANT and CITY have executed this agreement the day and year indicated below. As to CONSULTANT KEITH Alex Lazowick, PE, PMP, ENV SP President / CEO DATED: As to CITY City of Boynton Beach Signature: Print Name: Title: DATED: 574 RFQ CW24-001 General Engineering Consulting Services Fee Schedule Exhibit B EXHIBIT B Fee Schedule Management Project Executive ........................... $250.00 QA/QC Manager ............................ $200.00 Senior Project Manager ................. $225.00 Project Manager ............................ $200.00 Senior Grant Coordinator .............. $180.00 Grant Coordinator .......................... $165.00 Administrative Assistant ............... $100.00 Engineering Senior Engineer ............................. $200.00 Professional Engineer ................... $180.00 Engineering Designer .................... $145.00 Engineering Analyst ....................... $120.00 Planning Senior Planner ............................... $200.00 Professional Planner ..................... $180.00 Planning Technician ..................... $145.00 Planning Analyst ........................... $120.00 Landscape Architecture Senior Landscape Architect ........... $200.00 Landscape Architect/Arborist ......... $180.00 Landscape Designer ...................... $145.00 Landscape Analyst ........................ $120.00 Architecture Senior Architect ............................. $200.00 Architect ......................................... $180.00 Architect Designer ......................... $145.00 Architect Analyst ............................ $120.00 Utility Coordination Senior Utility Coordinator .......................... $200.00 Utility Coordinator ..................................... $180.00 Utility Coordinator Technician .................. $145.00 Utility Coordinator Analyst ........................ $120.00 Survey Senior Surveyor ........................................ $200.00 Professional Surveyor .............................. $180.00 Project Surveyor ....................................... $145.00 Survey Analyst .......................................... $120.00 Subsurface Utility Engineering Senior Subsurface Utility Engineer ........... $200.00 Subsurface Utility Engineer ...................... $180.00 Subsurface Utility Technician ................... $145.00 Subsurface Utility Analyst ......................... $120.00 Field Crew Rates Field Crew Supervisor .............................. $130.00 Survey Crew ............................................. $180.00 Survey Drone/LiDAR Crew ....................... $200.00 Utility Designating Crew ........................... $180.00 Vacuum Excavations ........................... $500.00/Ea. Construction Services Senior Construction Manager ................... $200.00 Construction Manager .............................. $180.00 Senior Inspector ....................................... $150.00 Inspector ................................................... $120.00 Geotechnical Engineering Senior Engineer ........................................ $180.00 Professional Engineer .............................. $140.00 Project Engineer ....................................... $110.00 Geotechnical Field Technician ................... $75.00 Site Layout .................................................. $65.00 575 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 TASK FEE SUMMARY KEITH (Prime)BW ECS TMS TBG Total Team LS or NTE PHASE 1 - DESIGN Task 1 Project Coordination and Preliminary Design $461,450.00 $42,729.00 $105,400.00 $0.00 $0.00 $609,579.00 NTE Task 2 Preliminary Design Report $49,660.00 $132,929.00 $0.00 $0.00 $9,120.00 $191,709.00 NTE Task 3 Final Design and Plan Development $540,300.00 $110,544.00 $0.00 $0.00 $44,220.00 $695,064.00 NTE Task 4 Public Outreach Coordination $13,100.00 $5,643.00 $0.00 $15,300.00 $0.00 $34,043.00 NTE Task 5 Owner Controlled Allowance - Phase 1 $60,000.00 NTE SUBTOTAL PHASE 1 - DESIGN $1,064,510.00 $291,845.00 $105,400.00 $15,300.00 $53,340.00 $1,590,395.00 NTE PHASE 2 - CONSTRUCTION ADMINISTRATION Task 6 Bidding Assistance $14,000.00 $0.00 $0.00 $0.00 $0.00 $14,000.00 NTE Task 7 Limited Construction Administration Services $275,720.00 $6,144.00 $0.00 $0.00 $0.00 $281,864.00 NTE Task 8 Public Outreach Coordination (Construction Phase)$4,460.00 $0.00 $0.00 $12,750.00 $0.00 $17,210.00 NTE Task 9 Owner Controlled Allowance - Phase 2 $40,000.00 NTE SUBTOTAL PHASE 2 - CONSTRUCTION ADMINISTRATION $294,180.00 $6,144.00 $0.00 $12,750.00 $0.00 $353,074.00 NTE Total Fee $1,358,690.00 $297,989.00 $105,400.00 $28,050.00 $53,340.00 $1,943,469.00 NTE Reimbursable $65,000.00 $500.00 $51,735.00 $14,000.00 $0.00 $131,235.00 NTE TOTAL FEE $1,423,690.00 $298,489.00 $157,135.00 $42,050.00 $53,340.00 $2,074,704.00 NTE Notes: Titles are in accordance with the approved Exhibit "B". Rates. LS Lump Sum (LS) NTE Maximum Not-To-Exceed (NTE) LS/NTE Lump Sum (LS) and Maximum Not-To-Exceed (NTE) COMPENSATION AND METHOD OF PAYMENT This work will be completed as Maximum Not-To-Exceed (NTE) work authorization in the amount of $2,074,704.00 in accordance with the below breakdown: Page 1 of 3 576 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $250.00 Hr. Rate $200.00 Hr. Rate $150.00 Hr. Rate $240.00 Hr. Rate $180.00 Hr. Rate $145.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $120.00 Hr. Rate $240.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $120.00 Hr. Rate $180.00 Hr. Rate $180.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed - NTE 1.1 Project Management 8 $2,000.00 96 $19,200.00 0 $0.00 30 $7,200.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 134 $28,400.00 1.2 Team Meetings and Meetings with Government Agencies 6 $1,500.00 24 $4,800.00 6 $900.00 10 $2,400.00 6 $1,080 6 $870.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 58 $11,550.00 1.3 Quality Control & Quality Assurance (QC/QA)0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1.4 Due Diligence 0 $0.00 10 $2,000.00 0 $0.00 8 $1,920.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 $0.00 0 $0.00 38 $6,820.00 1.5 Right-of Way Survey 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 20 $4,800 0 $0.00 156 $22,620.00 0 $0.00 80 $14,400.00 0 $0.00 256 $41,820.00 1.6 Topographic Survey 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 108 $25,800 0 $0.00 80 $11,600.00 880 $105,600.00 540 $97,200.00 0 $0.00 1607.5 $240,200.00 1.7.1 Horizontal Designation Services 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 25 $5,000.00 0 $0.00 25 $3,000.00 0 $0.00 200 $36,000.00 250 $44,000.00 1.7.2 Location Services 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 30 $6,000.00 15 $2,175.00 31 $3,720.00 0 $0.00 0 $0.00 76 $11,895.00 1.7.3 Utility Mapping 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 24 $4,800.00 0 $0.00 24 $2,880.00 100 $18,000.00 0 $0.00 148 $25,680.00 1.7.4 Records Research 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 9 $1,800.00 18 $2,610.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $4,410.00 1.7.5 Utility Coordination 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 75 $15,000.00 75 $10,875.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 150 $25,875.00 1.8 Environmental Assessment 0 $0.00 10 $2,000.00 0 $0.00 10 $2,400.00 60 $10,800 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $15,200.00 1.9 Geotechnical Investigation 0 $0.00 10 $2,000.00 0 $0.00 0 $0.00 20 $3,600 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 30 $5,600.00 Subtotals 14 $3,500.00 150 $30,000.00 6 $900.00 58 $13,920.00 86 $15,480 26 $3,770.00 0 $0.00 0 $0.00 84 $16,800.00 93 $13,485.00 0 $0 127.5 $30,600 79 $15,800.00 251 $36,395.00 960 $115,200.00 720 $129,600.00 200 $36,000.00 2854.5 $461,450.00 Task 2 Preliminary Design Report - Maximum Not-To-Exceed - NTE 2.1 Existing H&H Modeling Review and Update 0 $0.00 24 $4,800.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,800.00 2.2 Draft and Final Design Report, H&H Modeling, and Options 0 $0.00 40 $8,000.00 0 $0.00 0 $0.00 80 $14,400 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 120 $22,400.00 2.3 BCA Compliance Verification 0 $0.00 40 $8,000.00 0 $0.00 24 $5,760.00 0 $0 60 $8,700.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 124 $22,460.00 Subtotals 0 $0.00 104 $20,800.00 0 $0.00 24 $5,760.00 80 $14,400 60 $8,700.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 268 $49,660.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed - NTE 3.1 Design Drawings Submittals 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3.1.1 Preliminary Civil Engineering Design Plans (30%)0 $0.00 180 $36,000.00 0 $0.00 75 $18,000.00 288 $51,840 550 $79,750.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1093 $185,590.00 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 10 0 $0.00 300 $60,000.00 0 $0.00 108 $25,920.00 500 $90,000 700 $101,500.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1608 $277,420.00 3.2 Technical Specifications 0 $0.00 20 $4,000.00 0 $0.00 8 $1,920.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 48 $8,820.00 3.3 Engineer’s Opinion of Probable Cost 0 $0.00 20 $4,000.00 0 $0.00 0 $0.00 0 $0 26 $3,770.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 46 $7,770.00 3.4 Engineering Permitting 0 $0.00 40 $8,000.00 0 $0.00 20 $4,800.00 80 $14,400 140 $20,300.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 280 $47,500.00 3.5 Tree Inventory and Appraisal by Certified Arborist 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 10 $2,000.00 40 $5,800.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $13,200.00 Subtotals 0 $0.00 560 $112,000.00 0 $0.00 211 $50,640.00 868 $156,240 1436 $208,220.00 10 $2,000.00 40 $5,800.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3155 $540,300.00 Task 4 Public Outreach Coordination - Maximum Not-To-Exceed - NTE 4 Public Outreach Coordination 0 $0.00 36 $7,200.00 20 $3,000.00 0 $0.00 0 $0 20 $2,900.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 76 $13,100.00 Subtotals 0 $0.00 36 $7,200.00 20 $3,000.00 0 $0.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 76 $13,100.00 Task 6 Bidding Assistance - Maximum Not-To-Exceed Bidding Assistance 0 $0.00 20 $4,000.00 0 $0.00 10 $2,400.00 10 $1,800 40 $5,800.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,000.00 Subtotals 0 $0.00 20 $4,000.00 0 $0.00 10 $2,400.00 10 $1,800 40 $5,800.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,000.00 Task 7 Limited Construction Administration Services - Maximum Not-To-Exceed Construction Observation for Certification 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 0 $0.00 7.1 Shop Drawing Reviews 0 $0.00 40 $8,000.00 0 $0.00 0 $0.00 40 $7,200 80 $11,600.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 160 $26,800.00 7.2 Periodic Site Visits and Construction Observation 0 $0.00 56 $11,200.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 1120 $134,400 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1176 $145,600.00 7.3 Issue Clarifications 0 $0.00 20 $4,000.00 0 $0.00 0 $0.00 60 $10,800 100 $14,500.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 180 $29,300.00 7.4 Meetings and Conference Calls 4 $1,000.00 28 $5,600.00 0 $0.00 8 $1,920.00 0 $0 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 40 $8,520.00 7.5 As-Builts Review 0 $0.00 80 $16,000.00 0 $0.00 0 $0.00 0 $0 100 $14,500.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 180 $30,500.00 7.6 Final Inspections 0 $0.00 40 $8,000.00 0 $0.00 10 $2,400.00 10 $1,800 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 20 $2,400 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,600.00 7.7 Final Certifications 0 $0.00 36 $7,200.00 0 $0.00 10 $2,400.00 60 $10,800 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 106 $20,400.00 Subtotals 4 $1,000.00 300 $60,000.00 0 $0.00 28 $6,720.00 170 $30,600 280 $40,600.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1140 $136,800 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1922 $275,720.00 Task 8 Public Outreach Coordination (Construction Phase) - Maximum Not-To-Exceed 8 Public Outreach Coordination (One Meeting)0 $0.00 10 $2,000.00 10 $1,500.00 4 $960.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,460.00 Subtotals 0 $0.00 10 $2,000.00 10 $1,500.00 4 $960.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,460.00 Total Salary Costs 18 $4,500.00 1180 $236,000.00 36 $5,400.00 335 $80,400.00 1214 $218,520 1862 $269,990.00 10 $2,000.00 40 $5,800.00 84 $16,800.00 93 $13,485.00 1140 $136,800 127.5 $30,600 79 $15,800.00 251 $36,395.00 960 $115,200.00 720 $129,600.00 200 $36,000.00 8379.5 $1,358,690.00 Reimbursable Unit Qty Rate Total Test Holes Phase 1 100.00 $550.00 $55,000.00 Permit Fees $10,000.00 $0.00 Total $65,000.00 $1,423,690.00 Project Controls Specialist Survey CrewChief SurveyorUtility Coordinator InspectorKEITH (Prime)TotalsProject ManagerProject Executive Principal Engineer Professional Engineer Enginering Designer Senior Landscape Architect Senior Surveyor / SUE Project Surveyor / SUE Survey / SUE AnalystChief Utility Coordinator Utility Designating CrewLandscape Designer Page 3 of 3 577 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $260.00 Hr. Rate $242.00 Hr. Rate $205.00 Hr. Rate $180.00 Hr. Rate $160.00 Hr. Rate $145.00 Hr. Rate $100.00 Hr. Rate $100.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed 1.1 Project Management 10 $2,600 50 $12,100 20 $4,100.00 10 $1,800.00 0 $0.00 0 $0.00 0 $0.00 12 $1,200.00 114 $21,800.00 1.2 Team Meetings and Meetings with Government Agencies 10 $2,600 27 $6,534 27 $5,535.00 32 $5,760.00 0 $0.00 0 $0.00 0 $0.00 5 $500.00 106 $20,929.00 Subtotals 20 $5,200 77 $18,634 47 $9,635.00 42 $7,560.00 0 $0.00 0 $0.00 0 $0.00 17 $1,700.00 220 $42,729.00 Task 2 Preliminary Design Report - Maximum Not-To-Exceed 2.1 Existing H&H Modeling Review and Update 0 $0 68 $16,456 85 $17,425.00 0 $0.00 0 $0.00 160 $23,200.00 185 $18,500.00 0 $0.00 683 $75,581.00 2.2 Draft and Final Design Report, H&H Modeling, and Options 0 $0 44 $10,648 60 $12,300.00 0 $0.00 0 $0.00 144 $20,880.00 30 $3,000.00 20 $2,000.00 348 $48,828.00 2.3 BCA Compliance Verification 0 $0 10 $2,420 20 $4,100.00 0 $0.00 0 $0.00 0 $0.00 20 $2,000.00 0 $0.00 70 $8,520.00 Subtotals 0 $0 122 $29,524 165 $33,825.00 0 $0.00 0 $0.00 304 $44,080.00 235 $23,500.00 20 $2,000.00 1101 $132,929.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed 3.1.1 Preliminary Civil Engineering Design Plans (30%)0 $0 8 $1,936 0 $0.00 32 $5,760.00 0 $0.00 30 $4,350.00 44 $4,400.00 0 $0.00 158 $16,446.00 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%)0 $0 29 $7,018 28 $5,740.00 40 $7,200.00 0 $0.00 20 $2,900.00 40 $4,000.00 10 $1,000.00 217 $27,858.00 3.4 Engineering Permitting 0 $0 50 $12,100 100 $20,500.00 148 $26,640.00 0 $0.00 0 $0.00 46 $4,600.00 24 $2,400.00 438 $66,240.00 Subtotals 0 $0 87 $21,054 128 $26,240.00 220 $39,600.00 0 $0.00 50 $7,250.00 130 $13,000.00 34 $3,400.00 813 $110,544.00 Task 4 Public Outreach Coordination - Maximum Not-To-Exceed 4 Public Outreach Coordination 0 $0 9 $2,178 9 $1,845.00 9 $1,620.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $5,643.00 Subtotals 0 $0 9 $2,178 9 $1,845.00 9 $1,620.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $5,643.00 Task 7 Limited Construction Administration Services - Maximum Not-To-Exceed 7.2 Periodic Site Visits and Construction Observation 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 7.4 Meetings and Conference Calls 0 $0 22 $5,324 4 $820.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 26 $6,144.00 7.7 Final Certifications 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Subtotals 0 $0 22 $5,324 4 $820.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 26 $6,144.00 Total Salary Costs 20 $5,200 317 $76,714 353 $72,365 271 $48,780.00 0 $0.00 354 $51,330.00 365 $36,500.00 71 $7,100.00 2187 $297,989.00 Reimbursables QTY Unit Total 1 500 $500.00 $0.00 $0.00 Total Reimbursables $500.00 Total Labor and Reimbursables $298,489.00 TotalsEng II / Eng Tech IV Website / Spat. Tech II / Eng. Tech III Admin. SupportEng. Tech I Baxter-Woodman (Subconsultant) Vice President Engineer VI Engineer IV Engineer III Page 2 of 3 578 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $250.00 Hr. Rate $165.00 Hr. Rate $110.00 Hr. Rate $95.00 Hr. Rate $105.00 Hr. Rate $85.00 Hr. Rate $95.00 Hr. Rate $65.00 Hr. Rate $255.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed - NTE 1.8 Environmental Assessment 51 $12,750.00 190 $31,350.00 50 $5,500.00 65 $6,175.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 0 $0.00 0 $0.00 645 $83,930.00 1.9 Geotechnical Investigation 0 $0.00 0 $0.00 44 $4,840.00 88 $8,360.00 0 $0.00 0 $0.00 0 $0.00 88 $5,720.00 10 $2,550.00 230 $21,470.00 Subtotals 51 $12,750.00 190 $31,350.00 94 $10,340.00 153 $14,535.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 88 $5,720.00 10 $2,550.00 875 $105,400.00 Total Salary Costs 51 $12,750.00 190 $31,350.00 94 $10,340.00 153 $14,535.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 88 $5,720.00 10 $2,550.00 875 $105,400.00 Reimbursables QTY Unit Total MOT Plans (Geotech)1 $500.00 $500.00 Permitting Fees (Geotech)1 $500.00 $500.00 MOT Field Equipment Fees (Geotech)1 $3,000.00 $3,000.00 Lab Fees - Soil Classification (Geotech)1 $1,000.00 $1,000.00 Drilling Fees (Geotech)1 $23,000.00 $23,000.00 Lab Fees - Soil Classification (Enviromental) 1 $7,150.00 $7,150.00 Drilling Fees(Enviromental) 1 $9,775.00 $9,775.00 Office Expenses (Enviromental) 1 $500.00 $500.00 GIS Equipment (Enviromental) 1 $1,000.00 $1,000.00 Hotel (Enviromental) 1 $2,700.00 $2,700.00 Travel (Enviromental) 1 $2,610.00 $2,610.00 $0.00 Total Reimbursables $51,735.00 $157,135.00 Principal EngineerFlagger ECS Florida, LLC (Subconsultant) Senior Principal Senior Project Manager Project Engineer Assistant Project Manager Totals Project Manager Staff Environmental Scientist/Soil Scientist Draftsman 1 579 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $200.00 Hr. Rate $150.00 Hr. Rate $125.00 Hours Cost Hours Cost Hours Cost Hours Cost Task 4 Public Outreach Coordination - Maximum Not-To-Exceed - NTE 4 Public Outreach Coordination 12 $2,400.00 36 $5,400.00 60 $7,500.00 108 $15,300.00 Subtotals 12 $2,400.00 36 $5,400.00 60 $7,500.00 108 $15,300.00 Task 8 Public Outreach Coordination (Construction Phase) - Maximum Not-To-Exceed 8 Public Outreach Coordination (One Meeting)10 $2,000.00 30 $4,500.00 50 $6,250.00 90 $12,750.00 Subtotals 10 $2,000.00 30 $4,500.00 50 $6,250.00 90 $12,750.00 Total Salary Costs 22 $4,400.00 66 $9,900.00 110 $13,750.00 198 $28,050.00 Reimbursables QTY Unit Total Printing & Postage Phase 1 1 $10,000.00 $10,000.00 Printing & Postage Phase 2 1 $4,000.00 $4,000.00 $0.00 Total Reimbursables $14,000.00 Total and Reimbursables $42,050.00 The Merchant Strategy (Subconsultant)TotalsPI SpecialistPI/QAQC PI Manager / Social Media Page 5 of 6 580 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $190.00 Hr. Rate $150.00 Hours Cost Hours Cost Hours Cost Task 2 Preliminary Design Report - Maximum Not-To-Exceed - NTE 2.3 BCA Compliance Verification 48 $9,120.00 0 $0.00 48 $9,120.00 Subtotals 48 $9,120.00 0 $0.00 48 $9,120.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed - NTE 3.3 Engineer’s Opinion of Probable Cost 198 $37,620.00 44 $6,600.00 242 $44,220.00 Subtotals 198 $37,620.00 44 $6,600.00 242 $44,220.00 Total Salary Costs 246 $46,740.00 44 $6,600.00 290 $53,340.00 TBG Consulting (Subconsultant)Sr. Cost Estimator Cost Estimator Totals Page 6 of 6 581 SUBCONSULTANT PROPOSALS Baxter & Woodman, Inc. ECS Florida, LLC (Environmental) ECS Florida, LLC (Geotechnical) The Merchant Strategy (TMS) TBG Consulting 582 1601 Forum Place, Suite 400, West Palm Beach, FL 33401 | (561) 655-6175 | baxterwoodman.com Proposal March 4, 2026 Mr. Michael Cartossa Project Manager, Senior Associate Keith and Associates, Inc. 301 E Atlantic Boulevard Pompano Beach, FL 33060 Subject: Heart of Boynton Beach – Drainage Improvement Project (NW 3rd Street SFWMD C16) Dear Mr. Cartossa: Baxter & Woodman, Inc. is pleased to submit the following proposal. This proposal outlines our scope of services and engineering fee. This Scope of Work when executed, will become part of the Agreement for professional services between Keith and Associates, Inc. (Keith), Florida and Baxter & Woodman, Inc. (Consultant), for the NW 3rd Street - SFWMD C-16 (Heart of Boynton) Project. The engineering services requested by Keith include hydrologic and hydraulic (H&H) modeling, engineering, permitting, construction management and part-time inspection services. The scope and cost proposal shall be broken down for two phases: Design (Phase 1) and Construction (Phase 2). Scope of Services Phase 1 - Design Task 1 – Project Coordination 1. The Consultant will plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with Keith and project team to ensure the goals of the project are achieved. 2. Prepare and submit monthly invoices, coordinate invoices with Keith, and provide a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. 3. The following meetings are anticipated for this project: Meetings with City (4 total) Kickoff Meeting, Progress Review Meeting, Pre-submittal Meeting, Preliminary Design Review Meeting. The Consultant will also participate in up to 12 check-in meetings with Keith, through design development. 4. The Consultant will submit as requested documentation needed for grant reporting by Keith. It is anticipated that this will include quarterly updates and up to one meeting with Keith and the City Grant Manager. 583 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 2 Proposal 1. Existing H&H Modeling Review and Update: The City has an existing model of this area which was prepared in December 2021 with updates during 2025. The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the City’s Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the Consultant and agreed to by Keith and the City. Up to three alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2. Draft and Final Design Report, H&H Modeling, and Options: The Consultant will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by Keith. The Final PDR will incorporate Keith’s comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 3. BCA Calculations: the Consultant will perform calculations based on the stormwater flood routing calculations to determine the damage costs associated with the differences in the existing condition and select proposed conditions for a Benefit Cost Analysis as typically required for a Hazard Mitigation Grant.Tables and calculations will be provided for Keith’s use in preparing the grant submittal. Task 2 – Preliminary Design Report 584 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 3 Proposal Task 3 – Final Design and Plan Development 1. Plan Development The Consultant will work with Keith during the design phase of the project to evaluate the effects of design condition changes on the model. Throughout the design phases (30%, 60%, and 90%), assumptions documented in the Preliminary Design Report may need to be revised. The Consultant will make up to two updates during each design phase to verify that any design changes do not adversely affect the results presented in the Preliminary Design Report. These edits will be reflected in the Permit Drainage Report prepared for the next sub task. Calculations associated with the BCA will also be updated. 2. Permitting It is anticipated that Consultant will be required to perform permitting services to apply for new or to modify existing permits as necessary based on revisions to the original design. The following permit applications are anticipated: SFWMD Environmental Resource Permit (ERP): Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Including dewatering methods and recommendations. SFWMD Dewatering Permit: Consultant believes this will be required concurrently with the ERP due to the presence of groundwater contamination in the area. SFWMD Right of Way (ROW) Permit(s): Based on the CDM report, there are two outfall locations into the C-16 Canal that will require ROW permit(s). Revetment will be designed to meet SFWMD ROW Design Standards. USACE Section 408 permit(s): These are related to the SFWMD ROW permit(s) because the C-16 Canal is a joint agency maintained facility. SFWMD will submit this application to USACE for concurrent review and Consultant will respond to comments. USACE Nationwide Permit: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Permit applications will be completed for each of the permitting agencies as required. Associated permit application fees will be determined by Consultant and paid for by Keith or the City under permit allowance. The services include preparing the permit application for In addition to preparing the permit applications for appropriate agencies, Consultant will 585 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 4 Proposal assist Keith and the City in consultations with the appropriate authorities. Consultation services will include the following: o Attend up to one (1) meeting with the staff of each regulatory agency. o Respond to the request(s) for additional information from each regulatory agency. Consultant will prepare a response for up to one (1) request for information issued by each regulatory agency. Task 4 - Public Outreach Coordination Public Outreach Meetings: Consultant will coordinate with Keith for public outreach meetings. Consultant will coordinate with the development of relevant presentation materials (i.e. PowerPoint, handouts, etc.) and present at up to three (3) public outreach meetings to update the public on the status of the Heart of Boynton project. The meetings included under this task are as requested by the City but are anticipated to be one meeting during preliminary design, one approximately at 90% design and the last as a preconstruction meeting in conjunction with the contractor. Phase 2 - Construction (Subject to Approval of Phase 2 Grant) Task 5 – Limited Construction Services Consultant will provide limited Construction Engineering Services within a 12 month, assuming for Part Time Construction Inspections. Limited Construction Engineering Services are as identified and further detailed below: 1. Pre-Construction Conference: the Consultant will participate in a pre-construction conference with Keith and the City’s awarded Contractor and City staff. 2. Limited Construction Certification: As part of the RPR services the Consultant will provide a Water Resources Engineer for up to 20 hours for permit certification. Should the need to change the permitted design arise to due to unforeseen conditions the Engineer will update the model to be able to certify that the alternative design is still in substantial conformity with the permitted conditions. It is assumed that the design Engineer of Record will propose a workable solution to be modeled and that these modifications are limited to only two, point location solutions. This certification is limited to the extent of the model as part of the permit. 586 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 5 Proposal ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant will advise Keith in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with Keith. 1. The extent of the proposed drainage system, including outfall locations, is based largely on the recommendations made by CDM in their study report, unless otherwise noted. Additional services may be needed if there is a substantial difference in the Consultant’s findings. These services are to be discussed with the CITY and Kieth prior to performing any additional work and might be covered under the allocated Owner Controlled Allowance Task. 2. Keith will provide all documents (i.e. AutoCAD, hydraulic and hydrologic models, hydraulic calculations, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others if available. All available information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 3. Keith and the City will assist Consultant with in-field verification of existing City facilities by providing access to infrastructure as necessary. 4. Keith will coordinate and arrange the public outreach meetings including providing the location. 5. Keith or the City is responsible for reimbursement to Consultant for all permit application fees and costs of public notification paid by Consultant. Under permit allowance. 6. Consultant specifically excludes the performance of or review of any water or sewer hydraulic analyses. 7. City is responsible for the review of the Contractor’s payment applications and confirmation of quantities associated with Contractor’s pay applications. Consultant specifically excludes Contractor’s payment application reviews. 8. Consultant assumes that the determination and mitigation of contaminated soils or contaminated groundwater in the project area is by others. 9. Consultant bases the design on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations are considered an Additional Services Item not currently included in this Scope of Work. 10. All communication between the Consultant, Keith, and the City will be by a designated contact person, response to submittals will be compiled into one response. 11. Consultant specifically excludes services for addressing bidding. 12. Consultant specifically excludes assisting the City in the settlement of construction claims. 13. Consultant assumes a construction duration of 12-months. Construction extending beyond the 12-months from start of construction (NTP issuances to contractor) will be considered for additional services and Consultant fees will be negotiated with the Keith. 14. CONTRACTOR will be responsible for obtaining final dewatering permits. 15. CONTRACTOR will be responsible for preparation and submittal of the NOI and NOT with regards to the NPDES program. 16. CONTRACTOR will be responsible for preparing Maintenance of Traffic (MOT) plans. These MOT plans will be prepared by a person who has completed an FDOT recognized Advanced MOT Training course. If MOT is developed during the PDR is preliminary in nature and is not considered direction for the CONTRACTOR to follow or to submit for permitting. 587 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 6 Proposal Fee The Keith shall pay the Engineer for the services performed a lump sum amount of $298,459 .00. The Engineer’s fee for the stated scope of services is based upon the 202 5 Engineer’s standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses including travel and subconsultant fees, the total of which will not exceed $500.00. The Engineer may adjust the hourly billing rates and out-of-pocket expenses on or about January 1 of each subsequent year and Agreement will be amended accordingly prior to the continuation of services. This proposal is valid for 90 days from the date issued. Schedule PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design Through Out Task 2 – Preliminary Design Report 16 week from NTP Task 3 – Final Design and Plan Development (Permitting) 32 week from NTP Task 4 – Public Outreach Coordination (Design Phase) 32 week from NTP PHASE 2 (Construction - Subject to Approval of Phase 2 Grant) Task 6 – Limited Construction Administration Services Within 52 weeks of end of Phase 1 Standard Terms and Conditions The attached Standard Terms and Conditions apply to this proposal. 588 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 7 Proposal Acceptance If you find this proposal acceptable, please sign and return one copy for our files. If you have any questions or need additional information, please do not hesitate to contact me at 561-425-7760 or jhiscock@baxterwoodman.com. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Jeffrey G. Hiscock, PE Vice President Keith and Associates, Inc. ACCEPTED BY: TITLE: DATE: P:\BOYBC\2501403-NW 3rd Street SFWMD C16 Heart of\_PROMO\Scope&Fees\260304_Heart of Boynton Engineering Services Baxter&Woodman.docx 589 Website / Vice Engineer Engineer Engineer Eng. II /Spat. Tech II Admin.Sub- President VI IV III Eng. Tech IV Eng. Tech III Eng. Tech I Support Total Consultant Task Task Description $260.00 $242.00 $205.00 $180.00 $160.00 $145.00 $100.00 $100.00 Labor Services 1 Project Coordination 1.1 Project Management 10 50 20 10 12 $21,800 1.2 Project Meetings (up to 4) + 12 check-ins 10 27 27 32 5 $20,929 Subtotal 20 77 47 42 0 0 0 17 $42,729 $0 2 Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 68 85 160 185 $75,581 2.2 Draft and Final Design Report, H&H Modeling, and Options 44 60 144 30 20 $48,828 2.3 BCA Calculations 10 20 20 $8,520 Subtotal 0 122 165 0 0 304 235 20 $132,929 $0 3 Final Design and Plan Development 3.1 Preliminary Design Updates 8 32 30 44 $16,446 3.1A Progress Plan Updates 4 24 10 20 $8,738 3.1B Permit Plans 25 28 16 10 20 10 $19,120 Subtotal 0 37 28 72 0 50 84 10 $44,304 $0 3.2 Permitting 3.2A USACE Nationwide Permit 26 48 56 10 6 $27,801 3.2B SFWMD Environmental Resource Permit 12 35 60 20 12 $23,998 3.2C FL Dept Env Protection 12 17 32 16 6 $14,411 Subtotal 0 50 100 148 0 0 46 24 $66,210 $0 4 Public Outreach Coordination 4.1 Public Outreach Meeting Attendance (up to 3 mtgs)9 9 9 $5,643 Subtotal 0 9 9 9 0 0 0 0 $5,643 $0 5 Limited Construction Services 5.1 Pre-Construction Conference 2 4 $1,304 5.2 Resident Project Representative 20 $4,840 Subtotal 0 22 4 0 0 0 0 0 $6,144 $0 Labor Subtotal Hours 20 317 353 271 0 354 365 71 $297,959 $0 Labor Subtotal Costs $5,200 $76,703 $72,346 $48,780 $0 $51,330 $36,500 $7,100 Labor Total Costs $297,959 Subconsultant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Permitting Allowance / Website Domain Owner's Control Allowance Reimbursable Expenses $500 Project Total $298,459 Exhibit C City of Boynton Beach - Heart of Boynton Detailed Fee Breakdown Labor Classification and Hourly Rates 3/4/2026 Proposal Baxter Woodman, Inc. 590 591 ECS Florida, LLC Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services Heart of Boynton Coastal Resiliency Project NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida 33435 For: Keith Engineering 301 E Atlantic Boulevard, Pompano Beach, Florida 33060 ECS Proposal Number 55:15077 and 15078 February 24, 2026 592 February 24, 2026 Mr.Jorge Valle-Pellot Keith Engineering 301 E Atlantic Boulevard Pompano Beach, Florida 33060 ECS Proposal No. 55:15077 and 15078 Reference: Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services, Heart of Boynton Coastal Resiliency Project, NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Palm Beach County, Florida Dear Mr. Valle-Pellot: ECS Florida, LLC (ECS) is pleased to provide you with this proposal for performing FEMA NEPA analyses, EHP Compliance, and Regulatory Services for the Heart of Boynton Coastal Resiliency Project. Our proposal contains a summary of relevant information as we understand it, a project schedule, and the estimated fees for completion of the proposed services. We understand the property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida. Based on the information available, a property description is noted within the attached proposal along with a description of our scope of services. We appreciate the opportunity to be of service to you on this project. If you have any questions or comments concerning this proposal, or would like adjustments to our proposed scope of services or schedule, please do not hesitate to contact us. ECS Florida, LLC Jason Adams Alex Chatham, P.E. Natural Resources Director Environmental Principal JAdams2@ecslimited.com AChatham@ecslimited.com 813-302-1644 561-840-3667 ECS Florida, LLC 2000 Avenue P, West Palm Beach, Florida 33404 •T:561-840-3667 ECS Florida, LLC •ECS Mid-Atlantic LLC •ECS Midwest, LLC •ECS Pacific, Inc.•ECS Southeast, LLC •ECS Southwest, LLP ECS New York Engineering, PLLC - An Associate of ECS Group of Companies •ecslimited.com "ONE FIRM. ONE MISSION."593 PROJECT INFORMATION AND SCOPE OF SERVICES Project Description We understand the subject property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida. According to the Palm Beach County Online GIS website, the subject property is identified as Parcel Identification Number (PIN) mulitple and consists of approximately 400 acres. The site consists of primarily residential mixed land use. Attached is a general location map for reference. Scope of Services Based on our understanding of the subject property and plans for future activities, ECS has prepared the following Scope of Services: Ecological Permitting Support Services Overview and Approach ECS will provide, FEMA National Environmental Policy Act (NEPA) analyses and Environmental & Historic Preservation (EHP) Compliance as well as regulatory services in support of the Heart of Boynton Coastal Resiliency Project. Services are structured to support the City of Boynton Beach and the Engineer of Record (EOR) through planning, NEPA compliance, environmental due diligence, natural resource assessments, and Federal, State, and Local environmental permitting, while maintaining alignment with FEMA Region IV, Florida Department of Emergency Management (FDEM), and applicable regulatory agencies. ECS’s approach emphasizes early coordination, audit-ready documentation, and integration with the civil design process to minimize schedule risk, avoid permitting delays, and ensure Hazard Mitigation Grant Program (HMGP) reimbursement eligibility. Task 1 – Environmental Contamination / Hazardous Materials Screening Evaluation ECS will conduct an environmental contamination screening evaluation to support trenching, exfiltration systems, and subsurface construction activities associated with stormwater improvements. Scope of Services: • ASTM Phase I ESA–equivalent contamination screening evaluation • Review of historical land use (Sanborn maps, aerial photography, city directories) • Federal, State, and local regulatory database review • Site reconnaissance • Identification of Recognized Environmental Conditions (RECs) • Risk summary memorandum focused on construction-related exposure pathways Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 1 594 •Soil and groundwater sampling at up to 15 locations to understand subsurface conditions in locations of suspect contamination. Laboratory analysis to be determined based on contamination screening. Deliverables: •Contamination screening evaluation memorandum suitable for FEMA EHP and design use •Contaminated Media Plan for Soil and Groundwater Plan for Florida Department of Environmental Protection approval Task 2 – Natural Resources Assessments ECS will evaluate natural resource constraints to support NEPA compliance and environmental permitting. Scope of Services: •Desktop wetlands and surface waters screening within project limits •Targeted field verification at existing or proposed outfalls, if required •Federal and State protected species and habitat screening •Field assessment and delineation of wetlands and surface waters within project area •Identification of permitting triggers related to waters, wetlands, and species •Construction Best Management Practices (BMPs) recommendations •Avoidance,minimization, and/or mitigation narrative for NEPA and permitting Deliverables: •Natural resources technical memorandum •Wetlands and species exhibits for NEPA and permitting applications Task 3 – Federal Regulatory Permitting Support USACE Section 408 Application ECS will support the civil design team and City in obtaining USACE Section 408 permission associated with modifications to or interfaces with the SFWMD C-16 Canal or other federally authorized projects. ECS Support Includes: •Early coordination with USACE Jacksonville District to confirm Section 408 applicability and submittal requirements •Preparation of environmental compliance documentation required for Section 408 review, including: ◦Environmental effects narrative ◦Resource impact summaries ◦NEPA consistency documentation •Support to the EOR in preparation of environmental sections of the Section 408 application •Participation in coordination meetings and responses to environmental-related comments Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 2 595 • Field evaluation with Federal agency ECS will not serve as the applicant of record. Clean Water Act / Rivers and Harbors Act Applications (as applicable) • Screening for CWA Section 404 and RHA Section 10 applicability • Preparation of environmental exhibits, impact narratives, and permit applications • Coordination to align federal permitting with FEMA NEPA clearance Task 4 – State Regulatory Permitting Support South Florida Water Management District (SFWMD) ECS will support State environmental permitting in coordination with the EOR. Scope of Services: • Environmental Resource Permit (ERP) applicability evaluation • Environmental documentation support for ERP applications • Coordination related to stormwater discharges and infrastructure interfaces with the SFWMD C-16 Canal • Preparation of environmental narratives and exhibits required for the State permit • Support for responses to State agency environmental comments • Field evaluation with State agency Deliverables: • Permit applicability memorandum • Environmental exhibits for State permit application Task 5 – Local Environmental and ROW Permit Support ECS will support environmental documentation and review associated with local permits and Right-of-Way (ROW) approvals. Scope of Services: • Preparation of environmental documentation and technical exhibits required for County and City ROW permits • Environmental review support for work within public rights-of-way • Coordination with local reviewing agencies on environmental compliance issues • Support for responses to environmental-related local permit comments • Field evaluation with County and City agencies Deliverables: Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 3 596 • Environmental exhibits for local permitting • Comment response support documentation Regulatory Coordination and Communication Across all tasks, ECS will: • Prepare and maintain a consolidated Federal, State, and Local permit matrix and schedule • Participate in agency coordination meetings and technical calls • Maintain an agency coordination log suitable for FEMA and FDEM audits • Coordinate closely with the civil design team to integrate environmental requirements into design and permitting Out of Scope Items If, during the performance of our scope of services, additional environmental issues are identified that are beyond the Scope of Services outlined within this proposal, ECS will contact Keith Engineering to discuss the relevance and significance of the finding in order to determine if the finding merits additional assessment, inclusion in our final report, or a modification to our Scope of Services and fee. Safety ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem a condition unsafe and the performance of our scope of services cannot be completed, you will be notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in that area until the unsafe condition is corrected. Access delays associated with safety concerns may result in additional fees. PROJECT FEES AND SCHEDULE Project Fees* Ecological Services ECS will provide the proposed scope of services for the lump sum fees indicated on the attached Proposal Acceptance Form. Our fees are based on the chain of title, third party AUL search and property owner/contact information being provided by you or your agents, unless otherwise indicated. Our fee assumes that all necessary exhibits, site/property contact information, etc. will be provided to us by you or your agents. Meetings/Project Coordination Meetings and/or additional project coordination requested by Keith Engineering beyond the Scope of Services outlined above will be invoiced on a time and materials basis. Meetings after typical office hours (Monday through Friday 8 am to 5 pm) will be invoiced at 1.5 times the normal rate. Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 4 597 Project Schedule Environmental Services We can begin these tasks within approximately 10 days of receipt of written authorization to proceed. The field activities will require seven days to complete. We will provide preliminary verbal results and recommendations prior to submittal of our written reports, if requested. We anticipate that the proposed scope of work can be completed in approximately 6-12 months following the completion of field activities. Please note, ECS cannot begin the scope of work until we have received written authorization to proceed. If this schedule does not meet your needs, please contact ECS to discuss an expedited deadline. Additional costs may be incurred. If areas of the property cannot be observed due to inaccessibility or unsafe/unexpected conditions beyond the control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions are corrected. If ECS must make additional visits to the site, a change order will be provided for our additional fees. LIMITATIONS AND ASSUMPTIONS Conclusions and recommendations pertaining to environmental conditions at the subject site are limited to the conditions observed at the time this study will be undertaken. The assessment is not intended to represent an exhaustive research of every potential condition that may exist, nor does it claim to represent conditions or events that arise after the assessment. We have made the following assumptions in developing this proposal: • Prices presented herein are valid for 120 days from the date of this proposal. • Upon client authorization, additional project work not specifically addressed by this proposal shall be charged at a time and materials rate in accordance with the ECS Fee Schedule in place at the time the service is performed. • Fees assume that our evaluation of the site will not be hindered by extremely thick vegetation. If vegetation is encountered on the site that renders an area or areas too thick to evaluate, ECS reserves the right to re-negotiate our fee for delineation (flagging) of the site. • Site/Civil engineer will provide impact maps, project purpose and need, avoidance and minimization examples, stormwater management plan, and other needed site specific mapping/documentation for the project, as applicable. • Any applicable mitigation fees required to offset proposed impacts are the responsibility of the client. • Our fee assumes that all necessary exhibits/impact and base maps will be provided to us by you or your agents. • Additional field visits, if requested, will require additional fees. • Wetland services do not include the wetland boundary surveying services by a Professional Licensed Surveyor. Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 5 598 PROPOSAL ACCEPTANCE Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance of this proposal and to initiate services on the referenced project. The Client’s signature indicates that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. PROPOSAL ACCEPTANCE Scope of Services Fees Initial for Authorization Tasks 1-5:Environmental Permitting Support Services (Time and Materials) • Project Completion - 6-12 months from NTP $107,665 Fee is based on Time and Materials (Estimated initial budget billed as actual time spent, not to be exceeded without a Change Order) ECS's current unit rates and proposed NTE Costs are attached. PROPOSAL INFORMATION ECS Proposal Number 55:15077 and 15078 Scope of Work FEMA NEPA analyses, EHP Compliance, and Regulatory Services Location NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida CLIENT INFORMATION Signature - Authorized Representative for Entity Responsible for Payment Print or Type Name of Client and Company Date of Execution Proposal Addressee - Name Jorge Valle-Pellot Proposal Addressee - Company Keith Engineering Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 6 599 600 ECS Florida, LLC 2815 Directors Row, Suite 500 Orlando, FL 32809 (407) 589-9599 [Fax] (407) 859-8378 [Phone] Standard Fee Schedule GEOTECHNICAL, ENVIRONMENTAL, AND MATERIALS ENGINEERING SERVICES Personnel 1000 Senior Principal Engineer per hour $125.00 1027 Senior Principal per hour $285.00 1100 Principal Engineer per hour $255.00 1106 Principal Engineer - Environmental per hour $186.24 1125 Principal Geologist/Hydrogeologist/Scientist per hour $305.00 1130 Senior Environmental Engineer per hour $85.00 1168 Associate Principal per hour $205.00 1190 Certified Industrial Hygienist per hour $250.00 1210 Senior Project Manager per hour $165.00 1270 Facilities Senior Associate per hour $115.00 1275 Senior Archaeologist per hour $70.00 1300 Project Engineer per hour $125.00 1310 Project Manager per hour $135.00 1318 Visual Classification per hour $45.00 1325 Project Geologist/Hydrogeologist/Scientist per hour $60.00 1360 Facilities Associate III per hour $95.00 1370 Facilities Associate II per hour $85.00 1500 Asst. Proj. Eng./Eng. Geologist per hour $55.00 1510 Assistant Project Manager per hour $95.00 1525 Staff Geologist/Hydrogeologist/Scientist per hour $65.00 1535 Staff Environmental Scientist/Soil Scientist per hour $85.00 1570 Facilities Staff Associate per hour $65.00 1576 Driller per hour $0.00 601 1577 Driller's Helper per hour $0.00 1580 Facilities Associate I per hour $75.00 1625 Senior Environmental Technician per hour $65.00 1700 Senior Field Technician per hour $35.00 1701 Senior Field Technician OT per hour $52.50 1719 Chief Engineering Technician OT per hour $87.50 1800 Soils/Materials Technician per hour $40.00 1801 Soils/Materials Technician OT per hour $57.00 1825 Environmental Technician per hour $70.00 1900 Draftsman per hour $95.00 1950 Administrative Assistant per hour $75.00 7100 Structural Steel Inspector, CWI per hour $40.00 8085 Roofing Principal per hour $95.00 8100 Roofing Engineer per hour $65.00 8109 Registered Roofing Consultant - Facilities per hour $140.00 8135 Staff Professional - Facilities per hour $85.00 8140 Project Professional - Facilities per hour $95.00 8205 Roofing Technician OT per hour $48.00 8210 Senior Roofing Inspector, RIEI Certified per hour $30.00 8220 Roofing Project Technician per hour $40.00 8225 Roofing Project Technician - OT per hour $60.00 9466 Non-Billable Mobilization per hour $0.00 9467 Non-Billable Field Exploration per hour $0.00 9468 Non-Billable Clearing and Boring per hour $0.00 Equipment Charges / Miscellaneous 3279 DCP Rental per day $48.00 3280 Concrete Equipment Rental per day $36.00 3490 Monthly Report per month $688.00 4977 Low Level Geophone (Monthly)per month $334.00 4978 Modem Rental (Monthly) Rental per month $128.00 4979 Strobe Light Alarm System (Monthly)per month $264.00 4982 A-Weighted Microphone (Monthly)per month $334.00 4983 Sound Meter (Daily)per day $415.00 602 4984 Geophysics Equipment (Daily)per day $1,373.00 4990 F-Meter or Dipstick Usage per day $140.00 4999 F Unit Mobilization/Usage per day $278.00 5000 Nuclear Gauge Rental per day $59.00 5001 Inclinometer Usage per week $140.00 5002 Transit/EDM Usage per week $174.00 5003 Tilt Plate Unit Usage per week $128.00 5100 HNu Meter Calibration each $210.00 5101 HNu Meter Daily Charge (usage)per day $210.00 5102 Photo Ionization Detector (Organic Vapor Analyzer)per day $107.00 5103 Oil/Water Interface Probe per day $66.00 5104 PVC Disposable Bailers each $17.00 5105 Teflon or Other Bailers each $33.00 5106 Tyvek or Saranex Suits each $10.00 5107 Protective Gloves each $10.00 5108 Surgical Gloves each $8.00 5109 Combustible Gas Meter per day $46.00 5110 Specific Conductance Meter each $39.00 5111 Respirators per day $20.00 5112 Respirator Cartridges each $13.00 5113 Moisture Meter each $66.00 5114 Temperature/Relative Humidity Meter each $39.00 5115 Borescope each $73.00 5116 Air Sampling Pump each $51.00 8609 Half Cell Corrosion Testing (Equipment Only)per day $1,030.00 8650 Coring Crew per hour $99.00 Expenses 3200 Outside Services cost +$0.00 3350 Mileage per mile $0.64 3715 Digital Signature Fees at cost $0.00 5290 Misc. Supplies cost +$0.00 Materials 603 7030 Linear Drying Shrink. (CMU) min. 3 units each $278.00 Reports 3500 Reports - Additional Copies per copy $46.00 3550 Reproduction of Previous Reports per copy $59.00 LABORATORY TESTING SERVICES Index Tests 4000 Visual Classification of Soil - SPT (ASTM D2488)per sample $80.00 4001 Rock Classification (ASTM D5878)per sample $59.00 4002 USDA Textural Classification per sample $80.00 4010 Visual Classification of Soil - Shelby Tube (ASTM D2488)per sample $80.00 4100 Natural Moisture Content (ASTM D2216, AASHTO T265)per test $15.00 4150 Density and Unit Weight of Soil, Method A per test $31.00 4151 Density and Unit Weight of Soil, Method B per test $66.00 4250 Specific Gravity (ASTM D7263)per test $46.00 4255 Specific Gravity - Water Pycnometer (ASTM D854/AASHTO T100)per test $46.00 4300 Atterberg Limits Testing (ASTM D4318)per test $73.00 4350 Shrinkage Limit Factor (AASHTO T92, ASTM D427)per test $73.00 4360 Expansive Index Testing (ASTM D4829)per test $257.00 4400 Grain Size Analysis Washed (ASTM D422)per test $99.00 4450 Grain Size Analysis Unwashed (ASTM D422)per test $73.00 4500 Hydrometer (ASTM D421/422)per test $73.00 4600 Percentage Passing #200 (ASTM D1140)per test $39.00 4700 Organic Content Test (ASTM D2974, AASHTO T267)per test $46.00 4730 pH (ASTM G51)per test $46.00 4731 pH (AASHTO T289)per test $46.00 4740 Soil Resistivity (ASTM G187)per test $107.00 4741 Soil Resistivity (AASHTO T288)per test $107.00 4750 Topsoil Analysis per sample $174.00 4831 Sulfate Ion Content (AASHTO T290)per test $107.00 4893 Chloride Ion Content (AASHTO T291)per test $278.00 604 Compaction and Density Tests 4800 Standard Proctor (ASTM D698)per test $99.00 4801 Standard Proctor (AASHTO T99)per test $99.00 4802 Standard Proctor (State DOT)per test $99.00 4803 Modified Proctor ASTM D1557 per test $87.00 4804 Modified Proctor (AASHTO T180)per test $87.00 4805 Modified Proctor (State DOT)per test $87.00 4806 One-Point Proctor (AASHTO T272)per test $107.00 4807 One-Point Proctor (State DOT)per test $107.00 5004 Standard Proctor (ASTM D698)per test $99.00 5009 California Bearing Ratio (D1557)per test $312.00 5010 California Bearing Ratio, CBR (ASTM D1883)per test $312.00 5013 Florida Bearing Value (FBV) (3 Min)per test $46.00 5014 Modified Proctor (ASTM D1557)per test $87.00 5055 Nuclear Gauge Usage per day $174.00 5095 Relative Density of Cohesionless Soils per test $346.00 5302 Spread Footing - Foundation Observations per test $26.00 5303 Field Compaction Unit Testing each $20.00 5304 Dynamic Cone Penetrometer (DCP) Test per test $33.00 5305 Drive Tube Method Field Density Report per test $31.00 5308 Drive Tube Method (ASTM D-4944)per test $33.00 Bearing Ratio Tests 4810 California Bearing Ratio, CBR (ASTM D1883)per test $312.00 4811 California Bearing Ratio, CBR (AASHTO T193)per test $312.00 4812 California Bearing Ratio, CBR (State DOT)per test $312.00 4813 California Bearing Ratio, CBR (ASTM D1883) w/o Proctorper test $210.00 4814 California Bearing Ratio, CBR (AASHTO T193) w/o Proctorper test $210.00 4815 California Bearing Ratio, CBR (State DOT) w/o Proctorper test $210.00 4820 Limerock Bearing Ratio, LBR per test $312.00 Soil-Lime and Soil-Cement Testing 4830 Soil-Lime Proportion for Soil Stabilization (ASTM D6276)per point $87.00 4832 Moisture-Density Relations of Soil-Cement Mixtures (AASHTO T134, ASTM D558)per test $264.00 605 4833 Unconfined Compressive Strength of Soil-Cement Cylinders (ASTM D1633)per test $39.00 Soil Strength Testing 4840 Pocket Penetrometer Test per test $15.00 4841 Direct Shear Test - Granular (ASTM D3080)per test $551.00 4842 Direct Shear Test with Residual - 1 Stress (ASTM D3080/USACE EM1110-2-1906)per test $688.00 4843 Residual Ring Shear (ASTM D6467)per test $1,302.00 4844 Lab Vane Shear Strength per test $73.00 4845 Unconfined Compressive Strength (ASTM D2166)per test $39.00 4846 Triaxial Unconsolidated Undrained Stress (ASTM D2850)per confining stress $415.00 4847 Triaxial Consolidated Undrained Stress (ASTM D4767, AASHTO T297)per confining stress $415.00 4848 Triaxial Consolidated Drained Stress (ASTM WK3821)per confining stress $620.00 4849 Direct Shear Test with Residual - 3 Stresses (ASTM D3080/USACE EM1110-2-1906)per test $1,017.00 Consolidation Tests 4860 One-Dimensional Consolidation Test (ASTM D2435)per test $688.00 4861 One-Dimensional Swell or Settlement Potential Test (ASTM D4546)per test $483.00 4862 Constant Rate of Strain Consolidation Test per test $73.00 5019 Pressure - Void Ratio Curve (Consolidation)per test $551.00 5020 Plotted Time Curves (Consolidation)per test $46.00 5021 Consolidation with Back Pressure per test $688.00 5022 Swell Test per test $483.00 5023 Rapid Consolidation (Taylor Method)per test $688.00 Aggregate Testing 4210 Acid Solubility of Aggregate AWWA B100 per unit $26.00 4870 Soundness of Aggregate (ASTM C88)per test $483.00 4872 Specific Gravity of Coarse Aggregate (ASTM C127)per test $59.00 4873 Specific Gravity & Absorption of Fine Aggregates (ASTM D7172)per test $66.00 4874 Bulk Density of Aggregate (ASTM C29/C29M)per test $59.00 4875 Sieve Analysis of Fine and Coarse Aggregates (ASTM C136)per test $73.00 4879 Deleterious materials (visual)per test $86.00 4886 Lightweight particles per test $201.00 606 Rock Testing 4880 Direct Shear of Rock Specimen (ASTM D5607)per test $346.00 4881 Direct Tensile Strength of Intact Rock Core (ASTM D2936)per test $346.00 4882 Point Load Strength Index Test (ASTM D5731)per test $346.00 4883 Slake Durability (ASTM D4644)per test $346.00 4884 Unconfined Compressive Strength of Intact Rock Core (ASTM D7012c)per test $73.00 4885 Unconfined Compressive Strength with Elastic Moduli of Rock Core (ASTM D7012d)per test $73.00 4887 Unconfined Compressive Strength of Intact Rock Core (ASTM D7012c, D4543)per test $65.00 Other Soils Lab Tests and Activities 4890 Coarse Grain Constant Head Permeability ASTM D2434per test $210.00 4891 Porous Constant Head Permeability, ASTM D5084 Method Aper test $147.00 4892 Remolding of Disturbed Samples per sample $51.00 4894 Shelby Tube Extraction (ASTM D1587)per sample $51.00 Miscellaneous Tests and Activities 1730 QMP Concrete Per CY $15.00 1731 QMP Asphalt Per Ton $8.00 1732 QMP Nuclear Density Per Ton $8.00 1733 QMP Base Aggregate Per Ton $8.00 3400 Store Samples (> 60 days)per sample per month $8.00 4200 Calibrated Hand Penetrometer per test $15.00 4402 Filter sieve AWWA B100 per test $91.00 4475 Additional Sieves (over 7)per test $39.00 4480 Grain Size Analysis - Combined (Hydrometer + Sieve)per test $134.00 4486 Moh's hardness per test $136.00 4550 Petroleum Hydrocarbon (pH) Test on Soil per test $140.00 4710 Extrusion, Thin Wall Samples per tube $51.00 4720 Log/Classify Undisturbed Samples per tube $73.00 4742 Thermal Conductivity of Soil and Rock (ASTM D5334)per test $1,302.00 4743 Soil Thermal Resistivity, IEEE Method per test $1,302.00 4869 Micro-Deval per test $282.00 4871 Los Angeles (LA) Abrasion Resistance (ASTM C535)per test $244.00 5024 Unconfined Compressive Strength (w/o stress - strain)per test $39.00 607 5026 Pocket Penetrometer or Torvane per test $15.00 5050 Residual Ring Shear (ASTM D6467)per test $1,302.00 5056 Residual Shear Strength (additional cycles)per test $169.00 5080 Soil Cement - Basic Design (Materials)per test $1,235.00 6091 Sieve Analysis of Fine and Coarse Aggregates (ASTM C136)per test $73.00 6092 Sieve Analysis, incl. finer than #200 (washed)per test $59.00 6093 Specific Gravity of Course Aggregate (ASTM C127)per test $59.00 6094 Specific Gravity & Absorption of Fine Aggregates (ASTM D7172)per test $66.00 6095 Unit Weight (ASTM C-29, including C-30)per test $59.00 6155 SEM/EDS unknown cementitious material (ASTM C1723)per sample $507.00 6160 Petrographic Examination of Coarse Aggregate for Concrete (ASTM C295)per test $2,535.00 6161 Petrographic Examination of Rock Cores or Ledge Rock (ASTM C296)per test $1,217.00 6162 Petrographic Examination of Fine Aggregate for Concrete (ASTM C295)per test $3,042.00 6163 Iron Sulfide Identification/Quantification in rock or concreteper test $1,014.00 6164 Laboratory Visual Analysis per sample $305.00 6165 Polished cross section prep & pheno per sample $406.00 6166 Optical Analysis of cross section per sample $305.00 6167 Thin Section prep per sample $406.00 6168 Thin Section PLM analysis per sample $457.00 6169 Fracture sample examination per sample $356.00 6170 Polished SEM section prep per sample $356.00 6171 Thin section SEM analysis per sample $305.00 6172 Polished section SEM analysis per sample $305.00 6173 SEM/EDS misc unknown material per sample $406.00 6174 SEM/EDS efflorescence per sample $305.00 6175 C457 procedure C prep per sample $406.00 6176 Sample Prep for Chloride testing (including pheno)per sample $168.00 6177 polish prep for iron sulfide per sample $356.00 8615 Coring Rig Mobilization each $210.00 Permeability Tests 9067 Field Permeability Test each $551.00 608 MATERIALS TESTING SERVICES Asphalt Tests 5085 Extraction / Gradation of Asphaltic Concrete per sample $99.00 5086 Bitumen Content Only (ASTM - D-2172)per test $73.00 5087 Asphalt, Bulk Specific Gravity, Density per test $43.00 5088 Asphalt Extraction / Gradation / Marshall Stabilityper sample $278.00 5089 Additional for Mixing per set $73.00 5090 Penetration (ASTM D-5), Asphalt per test $73.00 Concrete and Cement Tests 4704 Chloride and Sulfate Tests each $48.00 5074 Soil Cement Monitoring per hour $51.00 5076 Compressive Strength - Soil/Cement Mix per test $39.00 6000 Compressive Strength, Concrete Cylinders each $17.00 6005 Stripping Cylinders each $17.00 6006 Cure/Store Reserve Concrete Cylinders each $15.00 6007 Spare Stripping Cylinders each $12.00 6008 56-Day Concrete Cylinders Broken each $17.00 6050 Splitting Test (ASTM C-496), Cylinders each $73.00 6051 Unit Weight of Concrete (ASTM C-29/C-30)each $39.00 6052 Flexural Strength Tests, Beams (ASTM C-78)each $73.00 6059 Density, Absorption, & Voids in Hardened Concrete (Concrete Core), 3 specimenseach$346.00 6060 Concrete Core Tests (incl. sample preparation)each $51.00 6061 Windsor Probe Testing per test $46.00 6062 Dipstick / Floor Flatness Testing each $415.00 6070 Statistical Analysis, Cylinder Test Results (50 sets)per run $153.00 6071 Statistical Analysis (> 50 sets), per set per set $15.00 6090 Concrete Cylinder Pickup per pickup $39.00 6096 Concrete Mix Design each $415.00 6097 Concrete Trial Mix (6 test cylinders)per set $346.00 6098 Shrinkage Compensating Concrete Trial Mix each $210.00 6151 Petrographic Analysis of Concrete >8" core (ASTM C856)per sample $2,434.00 6152 Partial Petro (no thin section)per sample $1,217.00 6153 Petrographic Analysis of Concrete, 2 thin section areas (ASTM C856)per sample $1,521.00 609 6154 Petrographic Exam and Mix Proportions of Hardened Masonry Mortar (ASTM C1324)per sample $2,839.00 6156 Hardened Air Void content and Mix Design Info (ASTM C457 procedure B)per test $1,217.00 6157 Hardened Air Void Content Parameters (ASTM C457 procedure C)per test $761.00 6158 Water-soluble chloride in concrete (ASTM C1218)per test $270.00 6159 Acid-soluble Chloride in Concrete (ASTM C1152)per test $270.00 Block, Brick, and Mortar Tests 6010 Compressive Strength, Grout Cubes each $17.00 6020 Compressive Strength, Grout Prisms each $26.00 6030 Compressive Strength, Mortar Cubes each $23.00 7020 CMU Compressive Strength each $59.00 7021 CMU Prism Compressive Strength, 3 unit set per set $375.00 7022 CMU Prism Compressive Strength, spare unit per unit $99.00 7023 CMU Prism Compressive Strength, 3 unit set, spareper set $257.00 7025 CMU Absorption/Moisture per unit $73.00 7040 Prism Test (Composite, Brick or Block)per test $244.00 7041 CMU Freeze/Thaw, initial 5 cycles, 5 units per specimen $551.00 7051 Flow Test/Air Content, Mortar per test $73.00 7052 Water Retention Test, Mortar per test $415.00 Roofing Tests 8355 Infrared Camera Usage per day $620.00 Fire Proofing Tests 8060 Density Test - Fireproofing per test $51.00 GEOTECHNICAL & ENVIRONMENTAL SERVICES Geotechnical / Environmental Drilling Services 5208 Drilling Fees lump sum $0.00 9000 Drill Rig Mobilization (Truck)per mobilization $346.00 9004 Boring Test Pit Layout per hour $80.00 9005 Backhoe Mobilization (Rubber Tire)per mobilization $346.00 9006 Mobilization of ATV - (Local)per mobilization $415.00 610 9008 Tripod Drilling per site $1,749.00 9009 Standby/Movement - Drill Rig (2 person)per hour $174.00 9010 Standby/Movement - Drill Rig (3 person)per hour $174.00 9013 Private Utility Locator lump sum $551.00 9014 Weekend Drilling Surcharge per day $688.00 9015 Patching Materials each $39.00 9020 SPT Drilling, 0' - 50' Depth per foot $17.00 9021 SPT Drilling, 50' - 100' Depth per foot $20.00 9022 SPT Drilling, 100' to 150' Depth per foot $23.00 9025 CPT Drilling per linear foot $17.00 9027 Steel Casing, 4" dia.per foot $14.00 9030 Additional Split Spoon Samples each $23.00 9031 Additional Shelby Tube Samples each $90.00 9032 Bulk Sample, Auger Cuttings per sample $39.00 9037 Auger Boring per hour $80.00 9040 Rock Coring Setup each $87.00 9041 Rock Coring per foot $33.00 9050 Pressuremeter Surcharge, w/Auger each $196.00 9051 Pressuremeter Surcharge, w/Rotary per test $87.00 9055 Inclinometer Setup each $244.00 9056 Inclinometer Surcharge per foot $25.00 9057 Pressuremeter Tests, Standard Pressure per test $346.00 9058 Pressuremeter Mobilization per mobilization $380.00 9059 Monitoring Well Installation (2.0" Slotted)per foot $16.00 9063 Monitoring Well Protective Cover each $161.00 9064 Well Protector Pipe w/Flush Cap each $244.00 9065 Grout Seal Boreholes per foot $12.00 9100 Mobilization of Environmental Drill Rig per mobilization $483.00 9111 Backhoe Technician per hour $80.00 9130 Geo. Piezometer, Setup each $87.00 9135 Geo. Piezometer, 1.25" dia. PVC per foot $15.00 9136 Geo. Piezometer, 2" dia. PVC per foot $16.00 9155 Direct Push Drill Rig each $2,467.00 9160 Decontamination of Drilling Equipment per hour $153.00 611 9170 55-Gallon Drums for Spoils and Development Watereach $73.00 9180 Site Clean Up and Restoration per hour $153.00 9190 Well Development per hour $153.00 9205 Partial Clearing for Rig Access per hour $210.00 Environmental Analyses 2015 Endangered Species Database Search lump sum $201.00 3212 TPH (EPA 418.1), Soil/Water each $107.00 3213 Pesticides/PCB's, Soil each $161.00 3214 Pesticides/PCB's, Water each $260.00 3215 BTEX (EPA 602/8020)/Soil each $229.00 3216 BTEX (EPA 602/8020), Water each $157.00 3217 BTEX/MBTE/Naphthalene, Soil each $240.00 3218 BTEX/MTBE/Naphthalene, Water each $169.00 3219 PCB's (EPA 608/8080), Soil each $136.00 3220 PCB's (EPA 608/8080), Water each $136.00 3221 PCB's (EPA 608/8080), Wipe each $169.00 3222 TCLP RCRA-8 Metals, Soil/H20 each $464.00 3225 Moisture, Percent (EPA 160.3), Soil/H20 each $46.00 3226 RCRA Characteristics, Soil/H2O each $251.00 3247 TPH - Luft (FL-PRO)each $107.00 3292 Air-O-Cell Analysis (standard turn around)each $66.00 3293 Air-O-Cell Analysis (24 hr. rush)each $128.00 9600 Phase I ESA lump sum $2,741.00 9601 Phase I ESA - Report Photocopies each $73.00 9602 Phase I ESA - Report Copies (Color)each $140.00 9603 Phase I ESA - Land Title / Judicial Record / Lien Searcheach $244.00 9604 Phase I ESA - Regulatory File Review @ Local/Regional Officelump sum $483.00 9605 Phase I ESA - Regulatory File Review @ State Officelump sum $688.00 Semi Vols. 3227 Lead in Paint (200.7/6010)each $76.00 3228 Lead (200.7/6010-ICP), Soil/H2O each $66.00 3236 Bulk/Surface Analyisis (standard turn around)each $66.00 612 3237 Bulk/Surface Analysis (24 hr. rush)each $128.00 613 Task #Task Description Position Code Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Task 1 Phase I, II, and Dewatering Senior Principal 1027 250 20 5000 38,550$ Senior Project Manager 1210 165 30 4950 Project Engineer 1300 110 50 5500 Assistant Project Manager 1525 95 65 6175 lab fees - soil and GW sampling 7150 1 7150 Drilling Fees 9775 1 9775 Task 2 Natural Resources Assessments Senior Project Manager 1210 165 60 9900 32,615$ Project Manager 1310 105 60 6300 Staff Environmental Scientist 1535 85 60 5100 Senior Principal 1027 250 14 3500 Draftsman (GIS)1900 95 39 3705 Reimburseable - office expenses 500 Reimburseable - GIS equipment 1000 Reimburseable - hotel 1500 Reimburseable - travel 1110 Task 3 Fed Permitting Senior Project Manager 1210 165 40 6600 13,800$ Project Manager 1310 105 40 4200 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 5 1250 Reimburseables - hotel 400 Reimburseables - travel 500 Task 4 State Permitting Senior Project Manager 1210 165 30 4950 11,350$ Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables - hotel 400 Reimburseables - travel 500 Task 5 Local Permitting Senior Project Manager 1210 165 30 4950 11,350$ Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables - hotel 400 Reimburseables - travel 500 Total 107,665$ 614 ECS Florida, LLC Proposal for Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Pal Beach County, Florida 33435 ECS Proposal Number 25:9388-GP February 6, 2026 Revised: February 24, 2026 615 February 6, 2026 Revised: February 24, 2026 Mr. Michael Cartossa Keith Engineering 301 E Atlantic Blvd Pompano Beach, FL 33060 Reference: Proposal for a Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Palm Beach County, Florida 33435 ECS Proposal Number 25:9388-GP Dear Mr. Cartossa, ECS Florida, LLC (ECS) is pleased and would like to thank you for the opportunity to submit this proposal to provide subsurface exploration and geotechnical engineering services for the above-referenced project. This proposal contains our project understanding, proposed scope of services, fee estimate, schedule of work, and authorization requirements. This proposal has been revised to reflect the change in cost rates as discussed with the client. Thank you for the opportunity to submit this proposal to provide services and serve as your consultant. We look forward to the opportunity to work with you on this project and to hopefully serve as your consultant in the future. If you have any questions, or if we can be of any additional service, please contact us at (561) 840.3667. Respectfully submitted, ECS FLORIDA, LLC F. Logan Loeloff, P.E. Gustavo Langoni, P.E. Geotechnical Department Manager Geotechnical Department Manager Florida Registration No. 102087 Florida Registration No. 72327 lloeloff@ecslimited.com GLangoniBayard@ecslimited.com 616 ECS Proposal # 25:9388-GP Page | 1 ECS Florida, LLC February 24, 2026 PROJECT DESCRIPTION Based on information provided by the Client, the proposed project involves geotechnical exploration services in support of a flood-improvement initiative for the City of Boynton Beach, Florida. The project is anticipated to include the installation of new stormwater pipelines along multiple residential roadways to reduce existing flooding hazards. The streets currently identified for proposed stormwater improvements include:  NW 1st Street  NW 9th Avenue  NW 8th Avenue  NW 4th Street  NW 9th Court  NW 2nd Street  NW 3rd Court  NE 1st Street  NE 2nd Street  NE 2nd Court  NE 3rd Street  NE 9th Avenue  N Railroad Avenue In addition to the stormwater pipeline installation, the project includes the construction of an underground stormwater storage system/dry retention area within Sara Sims Park. We have received a scope of work request from Keith Engineering showing test locations. Most of the test locations are within residential roads that will require a roadside permit and maintenance of traffic (MOT). MOT is anticipated to require flaggers as the drilling operations would obstruct a lane of traffic on two- lane roadways. SCOPE OF SERVICES Our services will include applying for roadside permits, performing maintenance of traffic, drilling of soil test borings by a subcontracted drill crew, utilizing an automatic hammer in accordance with City of Boynton Beach protocols, performing exfiltration tests and double ring infiltrometer testing, various engineering analyses, and preparation of an engineering report. Based on the information provided by your group, we will perform a total of twenty-seven (27) Standard Penetration Test (SPT) borings advanced to depths of approximately 20 feet below ground surface (bgs). We will additionally perform fifteen (15) exfiltration tests to a depth of 10 feet bgs and three (3) double-ring infiltrometer tests. Based on our review of required boring and exfiltration test locations, we will require a Right of Way (ROW) permit from the City of Boynton Beach. In addition, the work will require site restoration, providing traffic barricades/signs, and ECS personnel on-site, typically as a precondition for granting of permits. These items will be billed on a unit rate basis. We are providing not-to-exceed budgets for these tasks. Access and Permitting Prior to providing our Field Exploration services, ECS will apply for a Right of Way (ROW) Permit from Palm Beach County to have access to perform drilling at the test locations. We will provide a Maintenance of 617 ECS Proposal # 25:9388-GP Page | 2 ECS Florida, LLC February 24, 2026 Traffic (MOT) plan as part of the ROW permit application. An allowance budget has been provided assuming one application and one set of revisions.   Field Exploration and Engineering Report This task assumes that we will perform the field exploration continuously and in one mobilization. We assume Keith will provide private utility location (PUL) at each test location so as to ensure our work is performed expeditiously and without interruptions. For this task ECS will perform the following activities: a. Procure a Sunshine State One Call utility ticket and coordinate response with utility companies to close out the ticket. b. Field locate borings by use of a Global Positioning System (GPS) device based upon field datum points and available plans. Elevations interpolated from civil drawings and/or referenced from published topographical maps. c. Mobilize ECS personnel to the site. d. Perform 27 Pavement Cores at the SPT boring locations and measure the extent of the surface and base layers of the existing pavements. e. Perform 27 SPT borings (B-01 through B-27) to a depth of 20 feet bgs within the proposed pipeline installation and Sara Sims Park locations. f. Perform 15 exfiltration tests (EXF-01 through EXF-15) to a depth of 10 feet bgs. g. Perform three (3) double-ring infiltrometer tests within the test locations (DRI-01 through DRI- 03). h. Measure the depth of groundwater within each boring at the time of drilling. i. Backfill the borings upon completion with soil cuttings and patch the surface with cold patch asphalt. Upon completion of drilling operations, the samples will be returned to our laboratory in West Palm Beach, Florida. We will prepare a written engineering report that presents our findings and recommendations. The engineering report will include the following items: a. Observations from our site reconnaissance, including current site conditions, surface drainage features, and surface topographic conditions. b. A review of the published geologic conditions and their relevance to your planned development. c. A subsurface characterization and a description of the field exploration and laboratory tests performed. Groundwater concerns relative to the planned construction, if any, will be summarized. d. Logs of the soil borings and records of the field exploration prepared in accordance with the standard practice for geotechnical engineering. A location plan will be included, and the results of the laboratory tests will be plotted on the logs or included on a separate test report sheet if applicable. e. An engineering analysis and evaluation of the site and subsurface conditions with respect to the planned stormwater pipeline installation and any adverse impact these conditions may impose on the proposed construction. f. Soil properties for underground stormwater storage/dry retention area. g. Existing pavement sections. h. Recommendations for site preparation, fill placement, and subgrade preparation. 618 ECS Proposal # 25:9388-GP Page | 3 ECS Florida, LLC February 24, 2026 i. Recommendations for additional testing and/or consultation that might be required to complete the final geotechnical assessment and related engineering for this project. Maintenance of Traffic ECS will provide maintenance of traffic, including signage and a flagger. ECS will additionally provide engineering inspection and oversight, as typically requested as a condition of permit approval. We have estimated a budget based on 11 days of roadside work. Additional hours onsite will be billed at the following rates in our Fee Estimate section. ECS Advantages In addition to the standard services many local geotechnical engineering firms provide, ECS has distinguished itself on multiple disciplines to allow us to “Set the Standard of Service” for you, our clients. Most notably:  Experience. ECS has established an extensive subsurface database for local geologies, allowing us to economically price subsurface explorations and offer appropriate techniques initially, not after the first phase of testing is complete.  Technology. ECS utilizes Global Positioning System (GPS) services to locate borings in the field. This technology allows us to control the responsiveness of our subsurface exploration and ultimately our report deadlines, versus relying on other firms to locate borings.  Expertise. ECS has in-house geotechnical and geophysical testing. These services include vibration monitoring, pile driving analyzer (PDA) testing, pressuremeter testing, site classification for seismic design, seismic refraction (rock surface studies), ground penetrating radar (GPR), and electrical resistivity imaging (ERI) services. FEE ESTIMATE ECS will provide our services outlined in this proposal on a time and materials basis, utilizing the following not to exceed budget estimates.   Access and Permitting $ 3,200.00 (allowance, T&M)    Field Exploration and Engineering Report $29,140.00 (lump sum) Maintenance of Traffic $17,080.00 (allowance, T&M) A breakdown of these estimates is provided in the following table. 619 ECS Proposal # 25:9388-GP Page | 4 ECS Florida, LLC February 24, 2026 Task Description Position Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Access and Permitting Project Engineer 110 20 2200 $3,200.00 MOT plans 500 1 500 Permitting Fees 500 1 500 Field Exploration and Engineering Report Principal Engineer 250 10 2500 $29,140.00 Project Engineer 110 24 2640 Lab Fees -Soil Classification 1000 1 1000 Drilling Fees 23000 1 23000 Maintenance of Traffic (MOT) Asst. Project Manager 95 88 8360 $17,080.00 Flagger 65 88 5720 MOT Field Equipment Fees 3000 1 3000 TOTAL COST $49,420.00 For time budget purposes and based on your project deadline, the geotechnical study should take about five (5) to six (6) weeks from the time ROW permits are granted. Permitting times typically range between two (2) and four (4) weeks, depending on the regulating agencies. ECS cannot guarantee permit approvals. Utility Clearance and Site Restoration We will contact Sunshine State One Call to locate underground utilities; however, Keith will provide private utility location (PUL) at each test point. ECS will coordinate with the PUL team from Kieth Engineering prior to drilling each test point. AUTHORIZATION If the above scope of work is acceptable to you, please sign the Proposal Acceptance Form and return one copy of the proposal acceptance form to us. This proposal is valid for a period of sixty days beyond that date it may be necessary to revise our schedule or fee. Our “Terms and Conditions of Service,” which are included as an attachment to this letter, is an integral part of our proposal.  These conditions represent the current recommendations of the ASFE Professional Firms Practicing in the GeoSciences, the Consulting Engineers' Council, and the Geo-Institute of the American Society of Civil Engineers.  Using the Proposal Acceptance Form will provide formal authorization for us to perform the above work, enter the site, and provide proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. Please note that we have provided a place to provide invoicing instructions and report distribution. In today’s times with improved technology, and to provide you with the fastest response, we can provide the reports by e-mail. If this is acceptable, then list those to whom the reports should be sent and provide their e-mail addresses, if appropriate, on the Proposal Acceptance Form. 620 621 City of Boynton Beach Engineering Services – San Castle Heart of Boynton Public Outreach Scope of Services TMS will provide public outreach services for both the design and construction phases of the Heart of Boynton project, which are described in detail in our Estimates of Hours for each phase, as follows: •Develop and maintain a resident and stakeholder database •Develop 1 (one) Informational Mailer and provide QAQC •Set up and maintain a project hotline which will be monitored for the life of the project with monthly reports •Develop an ADA compliant, SSL Certified project webpage with Google translate and QAQC included which will be maintained for the life of the project •Assist with logistics, development of notices,, sign in sheets and comment cards, assistance with setup/take down, attendance and meeting notes for up to 3 (three) public outreach meetings throughout life of the project •Meetings and/or Communication with project team and stakeholders throughout the life of the project The attached Estimates of Hours provide detailed information for each task and/or deliverable as well as anticipated expenses such as printing and postage. It should be noted that TMS only bills for actual work performed. Additionally, we do not upcharge vendor fees and will only ask for reimbursement of the actual expense. All expense estimates will require approval by client prior to proceeding. TMS Rates: Sharon J. Merchant, QAQC $200.00/hour Cheryl Scott, PI Manager $150.00/hour Cheryl Klimek/PI Specialist $125.00/hour 622 Task No.TOTAL COST Details 1.00 Database Creation 1.1 1,100.00$ TMS will develop a stakeholder database that includes all residential and commercial properties, schools, hospitals, and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office, Google Earth and Google Maps. Additional stakeholders include, Homeowners, Property, Condo, and Neighborhood Associations, elected officials, schools, places of worship, and other interested parties. Task includes QAQC by supervisor. 2.00 2.1 600.00$ TMS will draft and edit 1 (one) Informational Mailer which will be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (one) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. 3.00 3.1 $425.00 TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). Calls that come in before/after hours will be responded to the next business day. ONE-TIME FEE 3.2 900.00$ TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). 3.3 900.00$ TMS will provide client with monthly summary report of hotline communication. 4.00 4.1 $4,000.00 TMS will develop a project webpage which can be hyperlinked to the City's webpage. Webpage will provide project information, location, schedule, important dates, documents, FAQ, and a contact us feature. ONE-TIME FEE includes: Development of webpage; SSL certification for project duration; webpage hosting for project duration; Google translate; ADA compliance; and QAQC by supervisor with up to 2 (two) rounds of edits. 4.2 1,100.00$ TMS will update and maintain the webpage. Task includes QAQC by supervisor. 5.00 5.1 300.00$ TMS will handle logistics for 2 (Two) public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. 5.2 1,400.00$ TMS will draft and edit 2 (Two) public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (One) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. 5.3 1,200.00$ TMS will provide one (1) staff member to attend 2 (Two) public outreach meetings. TMS will provide sign in sheets, take notes and provide summary to client. 6.00 6.1 1,700.00$ TMS will attend the Kickoff Meeting, meet with the Project Team, and/or communicate with the Project Team as needed. 6.2 1,400.00$ TMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. 15,025.00$ 7.00 7.1 9,253.00$ Estimate for printing/postage for 1 (one) mailer and 2 (two) notices. **NOTE** THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF BOYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas.*** This cost will be billed separately, at actual cost. We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. 9,253.00$ 24,278.00$ TOTAL ESTIMATED EXPENSES TOTAL PI TASKS/DELIVERABLES AND ESTIMATED EXPENSES Attend 2 (Two) Public Outreach Meeting Total PI Tasks/Deliverables Printing/Postage estimate 1 (one) mailer and 2 (two) notices Estimated Expenses Meetings/Communication with Project Team and/or Stakeholders Kickoff Meeting, Project Team Meetings, and/or Communication with Project Team Meetings and/or Communication with Stakeholders Develop Notification for 2 (Two) Public Outreach Meetings Create and Edit Informational Mailer Public Outreach Meetings (2 (two) Meetings) Project Hotline Project Webpage Develop an Interactive Project Webpage Update and Maintain Webpage Set up a Project Hotline Staff Hotline Monthly Reports ESTIMATE OF WORK EFFORT FOR Keith - Heart of Boynton Estimated Project Duration - Design Phase - 12 Months Task Resident and Stakeholder Database Collateral Materials (1 (One) Mailer) Logistics for 2 (Two) Public Outreach Meetings Estimate of Staff Hours for Keith Heart of Boynton - Design Phase Page 1 of 1 1/15/2026 9:51 AM 623 Task No.TOTAL COST 1.00 Update and Maintain Database 1.1 300.00$ TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase. Task includes QAQC by supervisor. 2.00 2.1 1,350.00$ TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). 2.2 1,350.00$ TMS will provide client with monthly summary report of hotline communication. 3.00 3.1 2,000.00$ TMS will update and maintain the webpage. Task includes QAQC by supervisor. 4.00 4.1 150.00$ TMS will handle logistics for 1 (one) public outreach meeting. TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. 4.2 2,600.00$ TMS will draft and edit 1 (one) meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (one) round of edits. Cost of printing, and postagewill be actual and separate. 4.3 1,200.00$ TMS will provide one (1) staff member to attend 1 (one) public outreach meeting. TMS will provide sign in sheets, take notes and provide summary to client. 5.00 5.1 2,300.00$ TMS will meet with the Project Team and/or communicate with the Project Team as needed. 5.2 1,400.00$ TMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. 12,650.00$ 6.00 6.1 3,084.34$ Estimate for printing/postage for 1 (one) notice. This cost will be billed separately, at actual cost. **NOTE** THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF BOYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas.*** This cost will be billed separately, at actual cost. We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. 3,084.34$ 15,734.34$ ESTIMATE OF WORK EFFORT FOR Keith - Heart of Boynton Estimated Project Duration - Construction Phase - 18 Months Task Update and Maintain Database Logistics for 1 (One) Public Outreach Meeting Develop Notification for 1 (one) Public Outreach Meeting Public Outreach Meeting (1 (one) Meeting) Project Hotline Project Webpage Update and Maintain Webpage Staff Hotline Monthly Reports TOTAL ESTIMATED EXPENSES TOTAL PI TASKS/DELIVERABLES AND ESTIMATED EXPENSES Attend 1 (One) Public Outreach Meeting Total PI Tasks/Deliverables Printing/Postage estimate for 1 (one) Notice Estimated Expenses Meetings/Communication with Project Team and/or Stakeholders Project Team Meetings, and/or Communication with Project Team Meetings and/or Communication with Stakeholders Estimate of Staff Hours for Keith Heart of Boynton - Construction Phase Page 1 of 1 1/15/2026 9:51 AM 624 450 S Orange Ave, 3rd Floor Orlando, Florida 32801 TBG Consulting LLC | 450 S Orange Ave 3rd Floor, Orlando Florida 32801 | (407) 683-2612 | www.tbgconsulting.com Proposal #: 2026 – 1 - KEITH 22 January 2026 Client: KEITH Project: Heart of Boynton Beach Attention: Michael Cartossa, PE Mr. Cartossa, We are pleased to provide a proposal for developing the Opinion of Probable Construction Costs & Opinion of Probable Construction Schedule for the Heart of Boynton Beach project. The following effort is anticipated: · 30% Design: o OPCC o Construction Schedule · 60% Design: o OPCC o Construction Schedule · 90% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance · 100% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance The total estimated effort is (246) hours for a Senior Cost Estimator/Scheduler and (44) hours for a Cost Estimator. The total proposed fee is $53,340.00. Please see attached fee worksheet for more information. Thank you for the opportunity and we look forward to working together! Best Regards, Zachariah S. Buchanan, Principal 625 450 S Orange Ave, 3rd Floor Orlando, Florida 32801 Client KEITH Project Heart of Boynton Beach Proposal #2026-1-KEITH Hours Hours Sr Cost Estimator: Cost Estimator: 30% Design: OPCC 46 16 Construction Schedule 12 60% Design: OPCC 60 16 Construction Schedule 16 90% Design: OPCC 32 8 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 100% Design: OPCC 16 4 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 Total Hours: 246 44 Senior Cost Estimator/Scheduler Rate per Hour: 190.00$ Cost Estimator Rate per Hour:$150.00 Proposal Total:$46,740.00 $6,600.00 Total Fee: $53,340.00 Notes: - Proposal includes allowance for attending meetings & coordination on an as-needed basis - Travel costs, if required, to be submitted for reimbursement - Proposal assumes that a reasonable time is allotted for the cost estimating effort prior to each submittal Task TBG Consulting LLC | 450 S Orange Ave 3rd Floor, Orlando, Florida 32801 | (407) 683-2612 | www.tbgconsulting.com 626 EXHIBIT B INSURANCE ADVISORY The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 627 Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders 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 628 the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation 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 629 www.KEITHteam.com Pompano Beach (HQ) Miami West Palm Beach Orlando Port Saint Lucie AGREEMENT FOR PROFESSIONAL SERVICES February 10, 2026 Rev. March 6, 2026 Keith Webber City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Phone: (561) 742 – 6000 E-mail: webberk@bbfl.us Project Name: Heart of Boynton Beach Project Location: Boynton Beach, FL KEITH Project Number: 15617.00 Dear Keith Webber: In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith and Associates, Inc. dba KEITH (CONSULTANT) and City of Boynton Beach ("CITY") for professional services is submitted for your consideration and approval. The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT and accepted by CITY, and to establish the contractual conditions between CONSULTANT and CITY with respect to the proposed services. CONSULTANT will begin work within ten (10) days after receipt of a fully executed copy of this Agreement. Such receipt will constitute written notice to proceed. This proposal will remain valid for thirty (30) days. PROJECT UNDERSTANDING The CITY has requested that CONSULTANT assist in the development of The Heart of Boynton. The PROJECT SITE is located in eastern Boynton Beach, Florida between I-95, US 1, Boynton Beach Boulevard, and the C-16 Canal. The project consists of stormwater infrastructure improvements to increase the system capacity and reduce flooding. The project is divided into two (2) phases. Phase I will consist of Design, modeling and permitting, and Phase II will consist of construction administration services, upon grant approval. Additional information in graphic format is included on the following page. CONSULTANT will be responsible for the following disciplines: Survey, Subsurface Utility Engineering (SUE), Civil Engineering, Landscape Architecture and CEI Services. The scope of work is specifically described on the following pages and does not include work by other necessary disciplines unless specifically noted in the contract. The CITY/OWNER is responsible for all other disciplines to complete the project. For this project CONSULTANT has included Baxter and Woodman (Stormwater Modeling / H&H Study and Modeling), ECS Florida, LLC (Geotechnical Engineering / Environmental Engineering), The Merchant Strategy (S/WBE) (Public Outreach), TBG Consulting, LLC (SBE) (Construction Cost Estimating / Constructability Review). CONSULTANT has identified the following agencies that will require coordination, submittals and or permitting throughout the project: City of Boynton Beach Planning & Development, Engineering, City of Boynton Beach Utilities, South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT), Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Palm Beach County Land Development (PBCLD) , Palm Beach County Roadway Division, Palm Beach County Health Department, Boynton Beach Fire Rescue Approval. If additional agency coordination is required, this will be included as a contract addendum. The CITY is responsible to provide GIS, record drawings, existing ICPR mode. 630 March 6, 2026 / Page 2 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CAD Standards: CONSULTANT will use its CAD standards to create and complete all deliverables within this agreement. Project Areas – Site Map 631 March 6, 2026 / Page 3 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach APPROACH CONSULTANT believes in a context-based approach that considers multiple facets of the development process resulting in solutions that are curated for each authentic scenario. In addition to the traditional design approach, we believe careful consideration should be given to economic, ecological, and social factors. This cohesive approach to each project is engineered to enhance the opportunity for a resilient solution. Our approach is categorized into the following three general phases: Exploration Phase – The process of becoming familiar with an area through extensive analysis. Inspiration Phase – The process of developing ideas emanating from the exploration process. Implementation Phase – The process of activating a decision or plan 632 March 6, 2026 / Page 4 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach PROJECT SCOPE CONSULTANT will provide the below services to assist the CITY and Project Team. ☒ Survey ☐ ALTA/NSPS ☒ Topography ☐ Boundary ☐ Tree ☐ Sketch and Description ☐ Construction Layout ☐ Construction As-Built ☒ ROW ☒ SUE ☒ Horizontal Designation ☒ Location Services ☒ Utility Mapping ☒ Records Research ☒ Utility Coordination ☐ Planning Services ☐ Due Diligence ☐ Platting ☐ Rezoning ☐ Conditional Use Permit ☐ Right of Way Vacation ☐ Site Plan Processing and Coordination ☐ Site Plan / Project Coordination ☐ Other________ ☒ Civil Engineering Services ☒ Paving, Grading and Drainage ☒ Water Distribution and Sanitary Sewer ☒ Erosion Control Plan ☒ Engineering Permitting ☐ Transportation Engineering Services ☐ Major Roadway ☐ Minor Roadway ☐ Drainage ☐ Maintenance of Traffic Plans ☐ Quality Control ☐ Other________ ☐ Traffic Engineering Services ☐Traffic Impact Study ☐Traffic Impact Statement ☐ Parking Study ☐ Pavement Marking and Signage ☐ Signalization ☐ Roadway Lighting ☐ Other________ ☒ Landscape Architecture Services ☐ Hardscape and Paving ☐ Fine Grading ☐ Landscape ☐ Irrigation ☐ Site Lighting / Photometrics ☐ Pools or Water Features ☐ Specialty Features ☒ Tree Inventory & Analysis ☐ Amenity Deck(s) ☐ Other________ ☒ Construction/Program Management Services ☐ Permitting ☒ Bidding Assistance ☐ Building Permit Coordination ☒ Construction Observation ☒ Construction Certification ☐ Other________ It is assumed adequate service points already exist on-site or at the abutting site boundary or in the adjacent public right-of-way. No sewage pump station or offsite improvements or extensions, other than service connections, are anticipated under this Proposal. 633 March 6, 2026 / Page 5 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach DESCRIPTION OF SERVICES AND DELIVERABLES PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design • 1.1 Project Management • 1.2 Team Meetings and Meetings with Government Agencies • 1.4 Due Diligence • 1.5 Right-of Way Survey • 1.6 Topographic Survey • 1.7.1 Horizontal Designation Services • 1.7.2 Location Services • 1.7.3 Utility Mapping • 1.7.4 Records Research • 1.7.5 Utility Coordination • 1.8 Environmental Assessment • 1.9 Geotechnical Investigation Task 2 – Preliminary Design Report • 2.1 Existing H&H Modeling Review and Update • 2.2 Draft and Final Design Report, H&H Modeling, and Options • 2.3 BCA Compliance Verification Task 3 – Final Design and Plan Development • 3.1.1 Preliminary Civil Engineering Design Plans (30%) • 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) • 3.2 Technical Specifications • 3.3 Engineer’s Opinion of Probable Cost • 3.4 Engineering Permitting • 3.5 Tree Inventory and Appraisal by Certified Arborist Task 4 – Public Outreach Coordination (Design Phase) PHASE 2 (Construction - Subject to Approval of Phase 2 Grant) Task 5 – Bidding Assistance (CITY will advertise and issue Addenda with CONSULTANT’s Inputs) Task 6 – Limited Construction Administration Services • 6.1 Shop Drawing Reviews • 6.2 Periodic Site Visits and Construction Observation • 6.4 Issue Clarifications • 6.5 Meetings and Conference Calls • 6.6 As-Builts Review • 6.7 Final Inspections • 6.8 Final Certifications Task 7 - Public Outreach Coordination (Construction Phase) 634 March 6, 2026 / Page 6 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design 1.1 Project Management CONSULTANT will perform contract maintenance including project management efforts for setup and maintenance of files, electronic folders and documents, schedule updates, and progress reports to CITY. CONSULTANT will establish responsibilities among project team members, lines of communication, project schedule and budget to ensure project goals are achieved. CONSULTANT will coordinate invoices with subconsultants, prepare and submit monthly invoices including monthly status reports. Quality Control & Quality Assurance (QC/QA) CONSULTANT employs a Quality Control (QC) and Quality Assurance (QA) process on all project tasks to ensure all projects meet the highest standards of quality, regulatory requirements, best practices and ultimately CITY satisfaction. Quality is achieved through proper planning, coordination, supervision, technical direction, definition of job requirements and by skilled personnel performing their work functions carefully. Quality is controlled through checking, reviewing, and surveillance of work activities by individuals who are not directly responsible for performing the initial work activity. Quality is verified by having a manager or designee performing Quality Assurance functions consisting of surveillance and auditing of the work and the procedures followed when performing the work. Quality is assured through independent reviews by qualified staff of the processes, procedures, documentation, supervision, technical directions, and staffing associated with the project. Quality Assurance (QA) will be performed at project management level and Quality Control (QC) is included in every task. 1.2 Team Meetings and Meetings with Government Agencies CONSULTANT will coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings, review with City Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State and County Agencies required for final permit submittals. CONSULTANT will prepare for and attend all team meetings on an as needed basis for the duration of the project. CONSULTANT will be represented at reoccurring team meetings by the project manager and when necessary any team experts for specific disciplines. It is anticipated that ten (10) general meetings with agencies and three (3) review meetings with CITY at 30%, 60% and 90% are included. For all applicable meetings CONSULTANT will provide meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. Unless directed otherwise by the CITY these meeting minutes will only serve to capture the items directly responsible to the CONSULTANT team and the interaction with agencies and/or the CITY. 1.4 Due Diligence The purpose of this task is to work collaboratively with the design team to understand the context and influences on the project and to communicate these to the Team for review and discussion. The end goal is to develop an overview of the existing neighborhood, previously prepared concepts/model, code, and regulatory constraints and required agency coordination to understand potential strengths, weaknesses, and opportunities of the site. CONSULTANT will research, review, and evaluate available existing data, permits, as-builts, policies, regulations, existing mapping, studies, models, reports, and Light Detection and Ranging (LiDAR) information to validate or correct this data or obtain missing data to fully understand the existing stormwater infrastructure system within the CITY limits. 635 March 6, 2026 / Page 7 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CONSULTANT will utilize the LiDAR information in order to prepare the hydraulic model of the existing conditions. An inventory of the existing stormwater infrastructure will be based on the available existing data. No field inspections are anticipated. The CITY will provide information regarding the previous storm events to CONSULTANT for the calibration of the model. 1.5 Right-of Way Survey CONSULTANT will prepare Right of Way (ROW) Mapping for the project areas shown above in red (proposed drainage improvements) to support planning, design, and permitting efforts associated with private development. The ROW Map will be based on available record information, documents provided by the CITY, and survey field data. The remainder of the project area will be depicted as for planning purposes and does not constitute a boundary or Right of Way survey. • Obtain and review available record documents including: o Recorded plats. o Deeds and right-of-way conveyances. o Easement agreements. o Prior right-of-way maps or sketch exhibits. • Review documents provided by the CITY. • CONSULTANT will perform an analysis of record documents to: o Identify apparent public and private right-of-way limits affecting the project. o Evaluate roadway frontage, access points, and apparent ownership transitions. • CONSULTANT will prepare a base map depicting, as applicable: o Apparent right-of-way lines Adjacent parcel outlines and project boundary limits for reference. o Easements, access agreements, and rights-of-way impacting the development site. o Recorded roadway centerlines or edge-of-pavement references when available from record data. o Parcel identifiers and document references as shown in the public records. 1.6 Topographic Survey The topographic information will be gathered with a combination of LiDAR and conventional ground survey. Topographic information will include ground identifiable features if visible and accessible. Limits will extend to 5 feet past the Right-of-Way. • Prepare a survey in accordance with Rule 5J-17, Florida Administrative Code, pursuant to Chapter 472.027 of the Florida Statutes. • Prepare a digital terrain model suitable to provide 1-foot contours of the project limits. • The survey will consist of site features and general ground elevations and breaks in grade. • Spot elevations will be shown as derived from the DTM or ground survey. • Survey of the Canal o The Survey will start at the North/South top of bank extended to the SFWMD C-16 canal running East/West. Elevations will be GPS-based and shown at an interval of approximately 100 feet, including intermediate changes in grade, from edge of water to edge of water. The survey drawing will include the canals cross-sectional “spot” elevations at the described interval. • The Topographic Survey will include: o Above-ground improvements on the subject’s property if visible and attainable. o Footprint of building structures. o Surface location of visible underground utilities (manholes, catch basins, valves, vaults, hand holes). o Rim and invert elevations of storm and sanitary manholes, culverts, catch basins, and outfalls including pipe sizes and type if attainable. If storm or sewer manhole structures 636 March 6, 2026 / Page 8 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach are full of water and/or debris making sufficient measurement of inverts and other information not measurable, CITY will be notified that maintenance activities are required prior to measurement. Survey estimate based on preliminary estimate of 42 structures total – 30 manholes and 12 catch basins. o Finish floor elevations of residences. o Sub-surface designation or location of underground utilities. Traffic pavement striping. o Parking spaces. o Overhead wires (horizontal location only). o Type and height of walls, fences. o Outline of areas of dense vegetation such as tree lines, bushes, hedges, and shrubs within the right of way. o Outline of landscaped areas. o Individual trees (and shrubs) over 4-inch caliper measured at breast height when not included within areas of dense vegetation unless specifically requested. • The Topographic Survey will not include: o Sub-surface foundations or structures. o Individual trees when within areas of dense vegetation. o Sprinkler Heads, irrigation equipment. o Underwater mapping/features. o Temporary features such as a trailer, delineator dome, landscape lighting, etc. • Deliverable will be an AutoCAD Civil 3d file utilizing CONSULTANT CAD standards and a signed and sealed plot (pdf) of the Survey. Terrestrial Mobile Mapping • The purpose of this terrestrial mobile mapping application is to acquire high-resolution geospatial data using vehicle-mounted sensors for efficient and accurate mapping of the project area. The mobile mapping system is equipped with LiDAR, GNSS, IMU, and high-definition cameras to collect spatial data while traversing the site. • LiDAR Processing o The accuracy analysis of the LiDAR point cloud data will conform to the requirements set forth in the ASPRS Positional Accuracy Standards for Digital Geospatial Data, Edition 2, Version 2 (2024), as published by the American Society for Photogrammetry and Remote Sensing (ASPRS). LiDAR data will be processed to meet industry standards, with a focus on bare earth representation. CONSULTANT will review the bare earth data to confirm areas where vegetation density may have impacted LiDAR penetration. If required, supplemental ground measurements will be performed to support data completeness. • Extraction o CONSULTANT will extract all visible and unobstructed topographic and planimetric features from the 3D stereo image models and the classified LiDAR point cloud in accordance with the project specifications. o A Digital Terrain Model (DTM), incorporating breaklines and spot elevations, will be developed to meet the defined project requirements and applicable industry standards. o Features extracted from the LiDAR may be combined with ground surveyed features during the final mapping process. Title Search • CONSULTANT has identified up to five (5) properties next to SFWMD canal (as shown on aerial below) where drainage outfalls will be potentially installed. CONSULTANT will perform title search services for these properties. • Fee includes Not to Exceed time and materials for $15,000.00 ($3,000/each). 637 March 6, 2026 / Page 9 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach • CONSULTANT will prepare up to four (4) Sketches to Accompany Legal Descriptions for Easements, two (2) of the Sketches for the outfall locations for $12,000 ($3,000/each). • Add 4 easements sketch & descriptions and $/each up to 2 outfall locations SURVEY ASSUMPTIONS • Horizontal data will be reported in the North American Datum of 1983, 2011 adjustment (NAD 83/2011). Vertical data will be reported in the North American Vertical Datum of 1988. Horizontal and vertical data will be collected using RTK GPS and conventional methods with an accuracy of +/- 0.2’. • This survey does not include a tree inventory assessment. Tree species identification will be limited to general classifications (e.g., oak, palm, pine) and should not be considered botanically accurate or relied upon for precise nomenclature. • Expenses for travel are included in our base fee. • Utility Information scope of service excludes the cleaning of underground structures. • Utility Information scope of service excludes the maintenance of traffic requirements. If structures within the roadway require maintenance of traffic (traffic control) a contract amendment for this services request fee will be required. • CONSULTANT will utilize its established CAD standards, (in AutoCAD Civil 3D 2025) for the creation and completion of all deliverables under this agreement. • This service is strictly record-based and does not constitute a boundary, ALTA/NSPS. • No determination of property ownership beyond record document review. • ROW staking, monumentation, or property corner recovery is excluded. • ROW acquisitions, dedications, or vacation documents are excluded. • CONSULTANT does not certify ownership, jurisdictional authority, or enforceability of recorded rights-of-way or easements. 1.7 Subsurface Utility Engineering (SUE) and Utility Coordination CONSULTANT will follow ASCE Standard 38-22 – “Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data” during the field and office operations for this project. The quality levels discussed below are defined within the standard. CONSULTANT is to provide professional services associated with designation, location, and mapping of existing subsurface utilities. CONSULTANT will designate all known tone able and non‑tone able utilities within the limits of Sara Sims Park, including 638 March 6, 2026 / Page 10 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach NW 1st Street and extending east to the back of sidewalk along N Seacrest Boulevard. Approximately 15,000 linear feet of roadway will be included, encompassing the full right‑of‑way plus five (5) feet into the adjacent property, as depicted by the magenta‑highlighted areas on the attached aerial exhibit. In addition, a 10‑foot radius around 42 SPT and percolation test soil boring locations will be designated. CONSULTANT will perform up to one hundred (100) test hole investigations, including the associated designation layout, data collection, and mapping. Gravity systems, service laterals, irrigation or overhead facilities are not included in this investigation. Survey/SUE Horizontal Designation Limits 1.7.1 Horizontal Designation Services CONSULTANT will horizontally mark any known tone able and non-tone able underground utilities that are represented on as-built plans, above ground appurtenances, and other miscellaneous utility records (to be provided by CITY). The designation limits will include the magenta‑highlighted areas shown on the attached aerial exhibit, consisting of Sara Sims Park and approximately 15,000 linear feet of right‑of‑way (extending 5’ past the right of way). The limits also include forty- two (42) soil boring locations, each with a 10‑foot radius, and the layout of up to one hundred (100) test hole locations. Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CITY and included in the scope of services. 1.7.2 Location Services CONSULTANT will perform up to one hundred (100) test holes at specific sites requested by the design engineer. Test holes will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of minimum size (usually 1’ by 1’). Backfill of test holes will be 639 March 6, 2026 / Page 11 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach performed utilizing the removed material, if suitable. Areas will be restored back as close as possible to their original condition. Installation of an identifiable above ground marker will be performed at each test hole location. Field markers will consist of a nail and disk in asphalt, or an iron rod and cap with survey stake in grassed areas. Test holes performed in the street will be patched using cold patch. The test hole number and utility will be identified on the ground or on the stake, as appropriate. A test hole summary report will be created providing coordinates, depth of cover, type, size, and material if applicable. There is a four (4) test hole minimum for location services. Subsurface Utility Engineering Conditions and Understandings CITY is required by law to contract Sunshine State One Call of Florida forty-eight (48) hours in advance of any CITY excavation. CONSULTANT will not access confined spaces. If confined spaces need to be accessed for locating purposes, then the CITY will be notified, and further arrangements will be made for said access. Additional fees may be applicable. If additional MOT is required beyond the capability of CONSULTANTS standard MOT operations, CONSULTANT will notify the CITY. Additional requests outside the scope of services, when requested by CITY and/or CITY’s representative, will be invoiced on an hourly basis. This proposal assumes site access is available and work can be performed between the hours of 7:30 AM and 5:00 PM Monday through Friday. 1.7.3 Utility Mapping CONSULTANT will perform surveying services to collect the surface markings completed in Task 1.7.1 and/or Task 1.7.2 that mark the underground utilities. Survey of said markings will be based on Real-Time Kinematic (RTK) GPS observations and referenced to the Florida State Plane Coordinate System (NAD83/11) and the North American Vertical Datum of 1988 (NAVD88). Survey of Horizontal Designations will be delivered in a geo-referenced (NAD83/11) AutoCAD file. Survey of Location Services (test holes) will be delivered in Excel in PNEZD format. 1.7.4 Records Research CONSULTANT will perform utility records research to assist design team and/or CITY in identifying utility owners that may have facilities within project limits and may be affected by the project. CONSULTANT will collect any applicable utility owner records for review, assistance, and development of a composite drawing or equivalent. All obtained utility information will have the corresponding quality levels indicated; utility type and/or ownership; date of depiction; accuracy of depicted appurtenances; active or out-of-service status; size; condition; and encasement (if applicable). 1.7.5 Utility Coordination The purpose of utility coordination is to ensure that all utility negotiations have been completed and arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. Identifying Existing Utility Agency Owner(s) CONSULTANT will identify all utilities within project limits/boundaries that may be impacted by the project. CONSULTANT will: • obtain/update design ticket from One Call Sunshine (811) service. • review available survey data. 640 March 6, 2026 / Page 12 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Make Utility Contacts CONSULTANT will make up to 2 formal utility contacts: • First Contact: transmit to UAOs Constructability set of plans with utility facilities shown on the plans. Request mark-ups, potential conflict locations and costs for relocations. • Second Contact: final plans distribution to UAOs. Distribute to UAOs updated project schedule. Request from UAOs documentation with final disposition of utility facilities within project limits. Identify agreements and bundle all utility information in the final utility package. Transfer final utility package to Project Manager. Based on the projects complexity more contacts may be necessary. Those contacts will require additional compensation. Collect and Review Plans and Data from UAO(s) CONSULTANT will review utility marked plans and data individually as they are received for content. Ensure information from the UAO (utility type, material, and size) is sent to the designer for inclusion in the plans. Forward all requests for utility reimbursement and supporting documentation to the Project Manager. Utility Design Meeting CONSULTANT will schedule, notify participants, and conduct a Utility meeting with affected UAO(s) if needed. The intent of this meeting will be to assist the UAOs in identifying and resolving conflicts between utilities and proposed construction before completion of the plans. CONSULTANT will keep minutes of all utility meetings and distribute a copy to all attendees. Review Utility Markups & Work Schedules and Processing of Schedules & Agreements CONSULTANT will review utility marked up plans, work schedules, and other documents as they are received for content and will share received information with Project Manager/Design team. Utility Coordination/Follow-up CONSULTANT will provide utility coordination and follow up. This includes follow-up and assisting the UAOs with completion of their work schedules and agreements. Includes phone calls, face- to-face meetings, etc. Ensure the resolution of all known conflicts. Utility Constructability Review CONSULTANT will review utility plans and work schedules for compatibility with construction plans and schedule (if provided) for all UAOs that are impacted by the project. Utility Coordination Certification/Close-Out CONSULTANT will complete utility coordination and prepare a package containing a list of contacted UAOs and their responses related to the construction of the project. The package will be submitted to Project Manager and Design team. 1.8 Environmental Assessment (ECS) ECS will support the City of Boynton Beach and CONSULTANT as the environmental and regulatory lead for the Heart of Boynton Coastal Resiliency Project. ECS’s role is to help the project clear FEMA requirements, complete NEPA and Environmental and Historic Preservation review, and obtain required environmental approvals without impacting design or funding. ECS will lead FEMA NEPA and Environmental and Historic Preservation coordination with FEMA Region IV and the Florida Division of Emergency Management. An Environmental Assessment or EA-level documentation effort is anticipated based on project location, floodplain conditions, and proposed 641 March 6, 2026 / Page 13 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach stormwater improvements. ECS will manage NEPA scoping, documentation, Environmental Justice review, and floodplain compliance under Executive Order 11988. Cultural resources compliance under Section 106 of the National Historic Preservation Act will be addressed as part of the NEPA process through an ECS-managed qualified subcontractor, including coordination with the Florida State Historic Preservation Officer. ECS will complete environmental contamination screening appropriate for trenching, exfiltration systems, and subsurface work, including Phase I ESA-equivalent review and additional investigation if needed. ECS will also evaluate wetlands, waters, and protected species, with targeted field verification as appropriate, and develop avoidance, minimization, and construction best management practices. ECS will support anticipated environmental permitting, including USACE Section 408 permission associated with the SFWMD C-16 Canal, screening for Clean Water Act Section 404 and Rivers and Harbors Act Section 10, FDEP Environmental Resource Permit documentation and SFWMD coordination, and local environmental and Right-of-Way permitting. ECS will prepare environmental exhibits, participate in agency coordination, and support responses to environmental comments. ECS will not serve as permit applicant of record. ECS will maintain files for potential audit throughout the project to support FEMA and FDEM review and protect HMGP reimbursement eligibility. 1.9 Geotechnical Investigation (ECS) ECS will provide geotechnical engineering support for planning, design, and permitting of the Heart of Boynton Coastal Resiliency Project. ECS’s role is to support stormwater infrastructure design, trenching, exfiltration systems, and associated improvements with reliable subsurface data and practical engineering recommendations. Services will include a subsurface investigation program consisting of soil borings and field testing within proposed improvement areas. ECS will evaluate subsurface conditions, groundwater levels, and soil characteristics relevant to stormwater conveyance, exfiltration performance, and trench stability. Laboratory testing will be performed as needed. ECS will prepare a geotechnical engineering report summarizing subsurface conditions and providing recommendations for excavation, backfill, pavement support, and stormwater infrastructure installation. During design and construction, ECS will support CONSULTANT with geotechnical clarifications and review of differing field conditions. o 25 SPT’s (20’ depth) o 17 Percolation Testing (10’ depth) o 17 Horizontal & Vertical Percolation Testing o 25 Pavement Cores Task 2 – Preliminary Design Report 2.1 Existing H&H Modeling Review and Update The CITY has an existing model of this area which was prepared in December 2021 with updates during 2025. The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the CITY’s Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in 642 March 6, 2026 / Page 14 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the CONSULTANT and agreed to by the CONSULTANT and the CITY. Up to three (3) alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2.2 Draft and Final Design Report, H&H Modeling, and Options CONSULTANT will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by CONSULTANT. The Final PDR will incorporate CONSULTANT’S comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 2.3 BCA Compliance Verification CONSULTANT will prepare a FEMA‑compliant Benefit‑Cost Analysis (BCA) to support the CITY’s grant application for the neighborhood drainage improvement project. Services include: Data Collection & Review Compile and evaluate available hydrologic/hydraulic data, flood history, structure inventories, valuations, and project cost estimates required for FEMA’s BCA methodology. Identify and coordinate resolution of any data gaps. Damage & Benefit Evaluation Develop existing‑condition and with‑project damage estimates using FEMA‑approved methodologies. Quantify eligible benefits such as avoided property damage, emergency response costs, displacement, and infrastructure impacts. BCR Development at Design Milestones Prepare and run the FEMA BCA Toolkit at the 90% Construction Documents (CD) stage and update the analysis at 100% CDs. Apply FEMA‑required discount rates and project life assumptions and calculate the Benefit‑Cost Ratio (BCR). Perform adjustments or sensitivity checks as needed to demonstrate cost‑effectiveness. Documentation Provide a complete BCA package for each milestone, including the BCA Toolkit file, a brief technical memo summarizing methods and assumptions, and supporting tables, figures, and backup data suitable for grant submission. Coordination & Revisions Participate in up to two coordination meetings and provide reasonable updates or responses to state or FEMA reviewer comments during the grant evaluation process. 643 March 6, 2026 / Page 15 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Task 3 – Final Design and Plan Development 3.1 Design Drawings Submittals 3.1.1 Preliminary Civil Engineering Design Plans (30%) CONSULTANT will prepare preliminary plans for CITY review. CONSULTANT will research existing available records for the project and prepare preliminary civil engineering plans for the infrastructure improvements to support the processing of the site plan layout for the Project. The preliminary civil engineering plans will be prepared in accordance with the CITY and regulatory agency requirements and will include Paving, Grading and Drainage, Water and Sewer System adjustments and services. The preliminary engineering plan will include available existing utility information collected from various sources (Government Agencies, Utility providers etc.). This preliminary utility information will be relied upon by CONSULTANT in the preliminary design phase. Final design may require additional survey and Subsurface Utility investigation to verify the preliminary information supplied to or obtained by CONSULTANT. CONSULTANT’s topographic survey will be utilized as a base for the preliminary civil plans. Preliminary water, sanitary sewer and drainage calculations will be performed (as needed) to address the impacts of the proposed development relating to the requirements of the site plan submission. The plans will contain the location of the proposed site lighting as designed by the CITY’s other Consultants. This proposal does not include the design of the site or roadway lighting system(s). Deliverables • Preliminary Design Plans. • Preliminary Water, Sewer and Drainage Calculations as required. 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) Paving, Grading, and Drainage Plans CONSULTANT will prepare on-site paving, grading, and drainage construction plans, to support the proposed development, which meet the requirements of the jurisdictional regulatory agencies. Calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. The stormwater management system will address water quality treatment and water quantity storage to meet the requirements of the jurisdictional agencies. It is anticipated that the proposed drainage system will consist of a series of catch basins, pipes, swales, and/or dry retention areas. Exfiltration trenches may be proposed for water quality treatment. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by others as required. No offsite roadway improvements beyond a direct driveway connection to the immediately adjacent road are anticipated and as such not included in this Agreement. Fees for these services will be submitted to CITY as additional services under a contract addendum if required. Pavement Marking and Signing Plans CONSULTANT will prepare a signing and pavement marking plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. 644 March 6, 2026 / Page 16 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Water Distribution and Sanitary Sewer Plans CONSULTANT will prepare combined water distribution and sanitary sewer system plans to service the proposed development. Water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. It is anticipated that all existing utility infrastructure is adequate to provide the required domestic water, fire, and sanitary sewer services to the proposed improvements. An evaluation of the existing infrastructure regarding capacity to service the proposed development will be made. Design services for Public Infrastructure improvements required to serve the proposed development will be addressed with a supplemental additional services agreement. These engineering services do not include the extension/replacement and/or upsizing of any water and/or sanitary sewer mains surrounding the site. Services associated with designing and permitting any off-site infrastructure improvements (including off-site lift stations) required to provide service to the site will be addressed as additional services. Erosion Control Plans CONSULTANT will prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor’s use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the “Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)” through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. Demolition Plan CONSULTANT will prepare a Demolition Plans incorporating removal of the existing improvements in conflict with the proposed facilities. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables • Construction Documents (60%, 90% and 100% Construction Documents) for above referenced Plans. • Specifications – For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) • Water, Sewer and Drainage Calculations as required. 3.2 Technical Specifications Technical Specifications will conform with City of Boynton Beach Standard Specifications for Construction. The CITY will provide CONSULTANT with technical specification package to be reviewed and signed and sealed by CONSULTANT and to be included in the contract documents. CONSULTANT will provide CITY with electronically signed and sealed Construction Plans Set for bidding purposes upon completion of the review process. 645 March 6, 2026 / Page 17 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach 3.3 Engineer’s Opinion of Probable Cost CONSULTANT will prepare cost estimates at 30%, 60%, 90%, 100% plan submittal using TBG cost estimates. 3.4 Engineering Permitting CONSULTANT will prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Paving, Grading, and Drainage System • City of Boynton Beach Planning & Development, Engineering – ROW Permit • South Florida Water Management District (SFWMD) – ERP • South Florida Water Management District (SFWMD) – Water Use Permit Dewatering • South Florida Water Management District (SFWMD) – ROW Permit • Army Corps of Engineers (ACOE) – Section 408 (by SFWMD) • Army Corps of Engineers (ACOE) – Nationwide Permit • Florida Department of Transportation (FDOT) – Access / Drainage Permit • Palm Beach County Land Development (PBCLD) – ROW Permit Water and Sewer System • City of Boynton Beach Utilities Review • Palm Beach County Health Department Permit (if required) CONSULTANT will supply erosion control plans and ERP / Surface Water management permits, to the owner and building contractor for contractor’s use in preparing the NPDES Storm Water Pollution Prevention Plan (SWPPP) and securing the required NPDES Construction Activity Permit. The contractor (as permittee) is responsible to monitor the construction activity for compliance with the NPDES permit and report to FDEP in accordance with the Permit. If additional permits are required, CONSULTANT will process them and the fees for these additional services will be submitted to CITY as additional services under a contract addendum if required. Application fees for the permits will be paid under the reimbursables for this project. Deliverables • Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. 3.5 Tree Inventory and Appraisal by Certified Arborist CONSULTANT will visit the project to confirm and evaluate the location, size and quality of existing trees within the areas impacted by drainage improvements (up to areas shown below in red including the Sara Sims Park as needed) and identify which trees are to be removed or relocated, as well as any remaining trees that will require protection. Tree locations to be based on the topographic survey provided under CONSULTANT Task 1.6. 646 March 6, 2026 / Page 18 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach Deliverables • CONSULTANT will develop a Tree Disposition Plan depicting all existing trees on the project site. This plan will indicate species (scientific and common name), size (DBH, height and canopy spread) and condition according to ISA regional information. Plan will also note which trees are to be removed, which are to be relocated, and which are to remain and be protected throughout construction. • CONSULTANT will develop a table including basic tabulations and calculations for tree removal and mitigation as required by local jurisdiction. • Arborist Report if required by the City of Boynton Beach for specimen-sized trees. Report will include individual photos and condition narrative for all specimen-sized trees including visible health issues, site conditions and other relevant trees and species information. Task 4 – Public Outreach Coordination (Design Phase) Public Outreach Meetings (Two Meetings) TMS will handle logistics for two (2) public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit two (2) public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. TMS will provide one (1) staff member to attend two (2) public outreach meetings. TMS will provide sign- in sheets, take notes and provide summary to CITY. Resident Concern Log TMS will develop a stakeholder database that includes all residential and commercial properties, schools, hospitals, and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office, Google Earth and Google Maps. Additional stakeholders include Homeowners, Property, Condo, and Neighborhood Associations, elected officials, schools, places of worship, and other interested parties. Task includes QAQC by supervisor. 647 March 6, 2026 / Page 19 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). Calls that come in before/after hours will be responded to the next business day. ONE-TIME FEE TMS will provide CITY with monthly summary report of hotline communication. Project Website Development & Maintenance TMS will develop a project webpage which can be hyperlinked to the CITY's webpage. Webpage will provide project information, location, schedule, important dates, documents, FAQ, and a contact us feature. ONE-TIME FEE includes Development of webpage; SSL certification for project duration; webpage hosting for project duration; Google translate; ADA compliance; and QAQC by supervisor with up to two (2) rounds of edits. TMS will update and maintain the webpage. Task includes QAQC by supervisor. PHASE 2 (Construction Administration) Task 5 – Bidding Assistance Services CONSULTANT will assist CITY during procurement of the Project. Such assistance includes reviewing cost estimate/proposal from Contractors, responding to Requests for Information ("RFIs"), and attending the pre-bid meeting held prior to the advertised bid date. CONSULTANT will provide timely responses to the inquiries of potential bidders through written addenda. CONSULTANT will send these queries to the CITY’s Contract Administrator. CONSULTANT will evaluate the bids for completeness, full responsiveness, and price, including alternative and unit prices, and will make a formal recommendation to CITY regarding the award of Contract. CITY will evaluate the bid for nontechnical requirements. Task 6 – Limited Construction Administration Services Construction Observation for Certification CONSULTANT will provide construction services to ensure the integrity of the design intent and certify to the CITY and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take place in the time frame indicated in the “SCHEDULE” for CONSTRUCTION ADMINISTRATION SERVICES below. It is assumed total construction schedule to be eighteen (18) months including two (2) months of start up and two (2) months of close out and certifications. 6.1 Shop Drawing Reviews CONSULTANT will review required shop drawings, such as samples, product data, plant photos, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. CONSULTANT will also determine the acceptability, subject to CITY approval, of substitute materials and equipment proposed by contractors. 648 March 6, 2026 / Page 20 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach 6.2 Periodic Site Visits and Construction Observation CONSULTANT will visit the Project at intervals appropriate to the various stages of construction, as CONSULTANT deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor’s work. It is anticipated that services will consist of twenty (20) hours a week for fourteen (14) months. CONSULTANT will coordinate and attend one (1) Pre-construction Meeting. If required by the CITY, CONSULTANT will attend or participate in CITY scheduled coordination and progress meetings or telephone conferences. The Contractor will coordinate through CONSULTANT the scheduling of testing. CONSULTANT will represent the CITY in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. CONSULTANT will provide additional construction observations at the request of the CITY / Permit agencies due to unforeseen conditions or other circumstances. Additional construction observation services, Re-tests and failed inspections, will be invoiced on a time and material basis in accordance with CONSULTANT Professional Service Fee schedule (attached). CONSULTANT will provide field verification of contract quantities and review and certification of Contractor’s pay applications. 6.3 Issue Clarifications CONSULTANT will issue all instructions and revisions of the CITY to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CITY and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. CONSULTANT will issue revisions to plans due to potential comments from FEMA or other agencies after their review between Phase 1 and Phase 2. 6.4 Meetings and Conference Calls CONSULTANT will attend and/or participate in periodic project meetings and conference calls as requested by the CITY. It is anticipated one (1) meeting a month for eighteen (18) months. CONSULTANT will review requests for information prepared by the Contractor and respond accordingly to all parties. CONSULTANT will prepare drawings supplemental information needed to address the contractor’s request for information. CONSULTANT will provide meeting agenda and meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. 6.5 As-Builts Review CONSULTANT will review the record drawings (as-builts) to ensure substantial conformance to the permitted plans twice. Additional reviews due to non-compliant As-builts submitted by the contractor, may impact schedule and will require additional fees. The contractor will be expected to have the as-builts revised in accordance with all comments. 6.6 Final Inspections CONSULTANT will participate with the CITY’s representative, in a substantial completion inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written “Punch List” of any defective or deficient items. 649 March 6, 2026 / Page 21 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach CONSULTANT will participate in a final inspection together with CITY and contractor representatives to verify “Punch List” items are complete, and in substantial conformance to the permitted plans. Additional inspections due to non-compliant Punch List item, may impact schedule and will require additional fees. Upon satisfactory completion of the final inspection, CONSULTANT will certify the work has been completed in substantial conformance to the permitted plans, subject to any conditions therein expressed. 6.7 Final Certifications CONSULTANT will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both CONSULTANT and CITY. We anticipate the following items requiring as-built certification: • Paving, Grading and Drainage System • Water System • Sanitary Sewer System Task 7 – Public Outreach Coordination (Construction Phase) Public Outreach Meeting (One Meeting) TMS will handle logistics for one (1) public outreach meeting. TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. TMS will draft and edit one (1) meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to one (1) round of edits. Cost of printing and postage will be actual and separate. TMS will provide one (1) staff member to attend one (1) public outreach meeting. TMS will provide sign- in sheets, take notes and provide summary to CITY. Hotline and Resident Concern Log TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase. Task includes QAQC by supervisor. TMS will staff the hotline as first point of contact for the CITY during working hours (Monday through Friday 9 am - 5 pm). TMS will provide CITY with monthly summary report of hotline communication. Project Website Maintenance and Updates TMS will update and maintain the webpage. Task includes QAQC by supervisor. 650 March 6, 2026 / Page 22 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT will commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within 11 months (for Phase 1) and 18 months (for Phase 2) from the time of advertisement of the bid, subject to timely reviews and approvals by all permitting agencies. PHASE 1 (Design) 11 Months Task 1 – Project Coordination and Preliminary Design 1.1 Project Management 11 Months 1.2 Team Meetings and Meetings with Government Agencies on going 1.4 Due Diligence 1 month 1.5 Right-of Way Survey concurrent with task 1.6 1.6 Topographic Survey 6 Months 1.7.1 Horizontal Designation Services 2-3 Months 1.7.2 Location Services 2-3 Months 1.7.3 Utility Mapping 2-3 Months 1.7.4 Records Research 2 Months 1.7.5 Utility Coordination concurrent with task 3 1.8 Environmental Assessment 6-11 Months 1.9 Geotechnical Investigation 2-3 Months Task 2 – Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 1-2 Months 2.2 Draft and Final Design Report, H&H Modeling, and Options 2-3 Months 2.3 BCA Compliance Verification concurrent with task 3.1.2 Task 3 – Final Design and Plan Development 3.1.1 Preliminary Civil Engineering Design Plans (30%) 3 Months 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%) 6 Months 3.2 Technical Specifications concurrent with task 3.1.2 3.3 Engineer’s Opinion of Probable Cost concurrent with tasks 3.1.1 & 3.1.2 3.4 Engineering Permitting 8 Months 3.5 Tree Inventory and Appraisal by Certified Arborist 2 Months Task 4 – Public Outreach Coordination (Design Phase) 11 Months PHASE 2 (Construction Administration) 18 months Task 5 – Bidding Assistance 3 Months Task 6 – Limited Construction Administration Services 18 Months Task 7 – Public Outreach Coordination (Construction Phase) 18 Months 651 March 6, 2026 / Page 23 of 23 Heart of Boynton Beach / Proposal #15617.00 City of Boynton Beach COMPENSATION *NOTE: The above “(Hourly/Estimate)” project task fees are based on the durations listed in the Project Schedule above. If the Task scheduled durations exceed the estimated time listed in the Project Schedule above, the “(Hourly/Estimate)” fee will increase proportionally. This work will be billed in accordance with CONSULTANT current Professional Service Fee Schedule. If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned. IN WITNESS WHEREOF, CONSULTANT and CITY have executed this agreement the day and year indicated below. As to CONSULTANT KEITH Alex Lazowick, PE, PMP, ENV SP President / CEO DATED: As to CITY City of Boynton Beach Signature: Print Name: Title: DATED: 652 RFQ CW24-001 General Engineering Consulting Services Fee Schedule Exhibit B EXHIBIT B Fee Schedule Management Project Executive ........................... $250.00 QA/QC Manager ............................ $200.00 Senior Project Manager ................. $225.00 Project Manager ............................ $200.00 Senior Grant Coordinator .............. $180.00 Grant Coordinator .......................... $165.00 Administrative Assistant ............... $100.00 Engineering Senior Engineer ............................. $200.00 Professional Engineer ................... $180.00 Engineering Designer .................... $145.00 Engineering Analyst ....................... $120.00 Planning Senior Planner ............................... $200.00 Professional Planner ..................... $180.00 Planning Technician ..................... $145.00 Planning Analyst ........................... $120.00 Landscape Architecture Senior Landscape Architect ........... $200.00 Landscape Architect/Arborist ......... $180.00 Landscape Designer ...................... $145.00 Landscape Analyst ........................ $120.00 Architecture Senior Architect ............................. $200.00 Architect ......................................... $180.00 Architect Designer ......................... $145.00 Architect Analyst ............................ $120.00 Utility Coordination Senior Utility Coordinator .......................... $200.00 Utility Coordinator ..................................... $180.00 Utility Coordinator Technician .................. $145.00 Utility Coordinator Analyst ........................ $120.00 Survey Senior Surveyor ........................................ $200.00 Professional Surveyor .............................. $180.00 Project Surveyor ....................................... $145.00 Survey Analyst .......................................... $120.00 Subsurface Utility Engineering Senior Subsurface Utility Engineer ........... $200.00 Subsurface Utility Engineer ...................... $180.00 Subsurface Utility Technician ................... $145.00 Subsurface Utility Analyst ......................... $120.00 Field Crew Rates Field Crew Supervisor .............................. $130.00 Survey Crew ............................................. $180.00 Survey Drone/LiDAR Crew ....................... $200.00 Utility Designating Crew ........................... $180.00 Vacuum Excavations ........................... $500.00/Ea. Construction Services Senior Construction Manager ................... $200.00 Construction Manager .............................. $180.00 Senior Inspector ....................................... $150.00 Inspector ................................................... $120.00 Geotechnical Engineering Senior Engineer ........................................ $180.00 Professional Engineer .............................. $140.00 Project Engineer ....................................... $110.00 Geotechnical Field Technician ................... $75.00 Site Layout .................................................. $65.00 653 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 TASK FEE SUMMARY KEITH (Prime)BW ECS TMS TBG Total Team LS or NTE PHASE 1 - DESIGN Task 1 Project Coordination and Preliminary Design $461,450.00 $42,729.00 $105,400.00 $0.00 $0.00 $609,579.00 NTE Task 2 Preliminary Design Report $49,660.00 $132,929.00 $0.00 $0.00 $9,120.00 $191,709.00 NTE Task 3 Final Design and Plan Development $540,300.00 $110,544.00 $0.00 $0.00 $44,220.00 $695,064.00 NTE Task 4 Public Outreach Coordination $13,100.00 $5,643.00 $0.00 $15,300.00 $0.00 $34,043.00 NTE Task 5 Owner Controlled Allowance - Phase 1 $60,000.00 NTE SUBTOTAL PHASE 1 - DESIGN $1,064,510.00 $291,845.00 $105,400.00 $15,300.00 $53,340.00 $1,590,395.00 NTE PHASE 2 - CONSTRUCTION ADMINISTRATION Task 6 Bidding Assistance $14,000.00 $0.00 $0.00 $0.00 $0.00 $14,000.00 NTE Task 7 Limited Construction Administration Services $275,720.00 $6,144.00 $0.00 $0.00 $0.00 $281,864.00 NTE Task 8 Public Outreach Coordination (Construction Phase)$4,460.00 $0.00 $0.00 $12,750.00 $0.00 $17,210.00 NTE Task 9 Owner Controlled Allowance - Phase 2 $40,000.00 NTE SUBTOTAL PHASE 2 - CONSTRUCTION ADMINISTRATION $294,180.00 $6,144.00 $0.00 $12,750.00 $0.00 $353,074.00 NTE Total Fee $1,358,690.00 $297,989.00 $105,400.00 $28,050.00 $53,340.00 $1,943,469.00 NTE Reimbursable $65,000.00 $500.00 $51,735.00 $14,000.00 $0.00 $131,235.00 NTE TOTAL FEE $1,423,690.00 $298,489.00 $157,135.00 $42,050.00 $53,340.00 $2,074,704.00 NTE Notes: Titles are in accordance with the approved Exhibit "B". Rates. LS Lump Sum (LS) NTE Maximum Not-To-Exceed (NTE) LS/NTE Lump Sum (LS) and Maximum Not-To-Exceed (NTE) COMPENSATION AND METHOD OF PAYMENT This work will be completed as Maximum Not-To-Exceed (NTE) work authorization in the amount of $2,074,704.00 in accordance with the below breakdown: Page 1 of 3 654 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $250.00 Hr. Rate $200.00 Hr. Rate $150.00 Hr. Rate $240.00 Hr. Rate $180.00 Hr. Rate $145.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $120.00 Hr. Rate $240.00 Hr. Rate $200.00 Hr. Rate $145.00 Hr. Rate $120.00 Hr. Rate $180.00 Hr. Rate $180.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed - NTE 1.1 Project Management 8 $2,000.00 96 $19,200.00 0 $0.00 30 $7,200.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 134 $28,400.00 1.2 Team Meetings and Meetings with Government Agencies 6 $1,500.00 24 $4,800.00 6 $900.00 10 $2,400.00 6 $1,080 6 $870.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 58 $11,550.00 1.3 Quality Control & Quality Assurance (QC/QA)0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1.4 Due Diligence 0 $0.00 10 $2,000.00 0 $0.00 8 $1,920.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 $0.00 0 $0.00 38 $6,820.00 1.5 Right-of Way Survey 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 20 $4,800 0 $0.00 156 $22,620.00 0 $0.00 80 $14,400.00 0 $0.00 256 $41,820.00 1.6 Topographic Survey 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 108 $25,800 0 $0.00 80 $11,600.00 880 $105,600.00 540 $97,200.00 0 $0.00 1607.5 $240,200.00 1.7.1 Horizontal Designation Services 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 25 $5,000.00 0 $0.00 25 $3,000.00 0 $0.00 200 $36,000.00 250 $44,000.00 1.7.2 Location Services 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 30 $6,000.00 15 $2,175.00 31 $3,720.00 0 $0.00 0 $0.00 76 $11,895.00 1.7.3 Utility Mapping 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 24 $4,800.00 0 $0.00 24 $2,880.00 100 $18,000.00 0 $0.00 148 $25,680.00 1.7.4 Records Research 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 9 $1,800.00 18 $2,610.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $4,410.00 1.7.5 Utility Coordination 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 75 $15,000.00 75 $10,875.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 150 $25,875.00 1.8 Environmental Assessment 0 $0.00 10 $2,000.00 0 $0.00 10 $2,400.00 60 $10,800 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $15,200.00 1.9 Geotechnical Investigation 0 $0.00 10 $2,000.00 0 $0.00 0 $0.00 20 $3,600 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 30 $5,600.00 Subtotals 14 $3,500.00 150 $30,000.00 6 $900.00 58 $13,920.00 86 $15,480 26 $3,770.00 0 $0.00 0 $0.00 84 $16,800.00 93 $13,485.00 0 $0 127.5 $30,600 79 $15,800.00 251 $36,395.00 960 $115,200.00 720 $129,600.00 200 $36,000.00 2854.5 $461,450.00 Task 2 Preliminary Design Report - Maximum Not-To-Exceed - NTE 2.1 Existing H&H Modeling Review and Update 0 $0.00 24 $4,800.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,800.00 2.2 Draft and Final Design Report, H&H Modeling, and Options 0 $0.00 40 $8,000.00 0 $0.00 0 $0.00 80 $14,400 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 120 $22,400.00 2.3 BCA Compliance Verification 0 $0.00 40 $8,000.00 0 $0.00 24 $5,760.00 0 $0 60 $8,700.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 124 $22,460.00 Subtotals 0 $0.00 104 $20,800.00 0 $0.00 24 $5,760.00 80 $14,400 60 $8,700.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 268 $49,660.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed - NTE 3.1 Design Drawings Submittals 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3.1.1 Preliminary Civil Engineering Design Plans (30%)0 $0.00 180 $36,000.00 0 $0.00 75 $18,000.00 288 $51,840 550 $79,750.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1093 $185,590.00 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 10 0 $0.00 300 $60,000.00 0 $0.00 108 $25,920.00 500 $90,000 700 $101,500.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1608 $277,420.00 3.2 Technical Specifications 0 $0.00 20 $4,000.00 0 $0.00 8 $1,920.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 48 $8,820.00 3.3 Engineer’s Opinion of Probable Cost 0 $0.00 20 $4,000.00 0 $0.00 0 $0.00 0 $0 26 $3,770.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 46 $7,770.00 3.4 Engineering Permitting 0 $0.00 40 $8,000.00 0 $0.00 20 $4,800.00 80 $14,400 140 $20,300.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 280 $47,500.00 3.5 Tree Inventory and Appraisal by Certified Arborist 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 10 $2,000.00 40 $5,800.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $13,200.00 Subtotals 0 $0.00 560 $112,000.00 0 $0.00 211 $50,640.00 868 $156,240 1436 $208,220.00 10 $2,000.00 40 $5,800.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 3155 $540,300.00 Task 4 Public Outreach Coordination - Maximum Not-To-Exceed - NTE 4 Public Outreach Coordination 0 $0.00 36 $7,200.00 20 $3,000.00 0 $0.00 0 $0 20 $2,900.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 76 $13,100.00 Subtotals 0 $0.00 36 $7,200.00 20 $3,000.00 0 $0.00 0 $0 20 $2,900.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 76 $13,100.00 Task 6 Bidding Assistance - Maximum Not-To-Exceed Bidding Assistance 0 $0.00 20 $4,000.00 0 $0.00 10 $2,400.00 10 $1,800 40 $5,800.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,000.00 Subtotals 0 $0.00 20 $4,000.00 0 $0.00 10 $2,400.00 10 $1,800 40 $5,800.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,000.00 Task 7 Limited Construction Administration Services - Maximum Not-To-Exceed Construction Observation for Certification 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 0 $0.00 7.1 Shop Drawing Reviews 0 $0.00 40 $8,000.00 0 $0.00 0 $0.00 40 $7,200 80 $11,600.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 160 $26,800.00 7.2 Periodic Site Visits and Construction Observation 0 $0.00 56 $11,200.00 0 $0.00 0 $0.00 0 $0 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 1120 $134,400 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1176 $145,600.00 7.3 Issue Clarifications 0 $0.00 20 $4,000.00 0 $0.00 0 $0.00 60 $10,800 100 $14,500.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 180 $29,300.00 7.4 Meetings and Conference Calls 4 $1,000.00 28 $5,600.00 0 $0.00 8 $1,920.00 0 $0 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 40 $8,520.00 7.5 As-Builts Review 0 $0.00 80 $16,000.00 0 $0.00 0 $0.00 0 $0 100 $14,500.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 180 $30,500.00 7.6 Final Inspections 0 $0.00 40 $8,000.00 0 $0.00 10 $2,400.00 10 $1,800 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 20 $2,400 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 80 $14,600.00 7.7 Final Certifications 0 $0.00 36 $7,200.00 0 $0.00 10 $2,400.00 60 $10,800 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 106 $20,400.00 Subtotals 4 $1,000.00 300 $60,000.00 0 $0.00 28 $6,720.00 170 $30,600 280 $40,600.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1140 $136,800 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 1922 $275,720.00 Task 8 Public Outreach Coordination (Construction Phase) - Maximum Not-To-Exceed 8 Public Outreach Coordination (One Meeting)0 $0.00 10 $2,000.00 10 $1,500.00 4 $960.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,460.00 Subtotals 0 $0.00 10 $2,000.00 10 $1,500.00 4 $960.00 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 24 $4,460.00 Total Salary Costs 18 $4,500.00 1180 $236,000.00 36 $5,400.00 335 $80,400.00 1214 $218,520 1862 $269,990.00 10 $2,000.00 40 $5,800.00 84 $16,800.00 93 $13,485.00 1140 $136,800 127.5 $30,600 79 $15,800.00 251 $36,395.00 960 $115,200.00 720 $129,600.00 200 $36,000.00 8379.5 $1,358,690.00 Reimbursable Unit Qty Rate Total Test Holes Phase 1 100.00 $550.00 $55,000.00 Permit Fees $10,000.00 $0.00 Total $65,000.00 $1,423,690.00 Project Controls Specialist Survey CrewChief SurveyorUtility Coordinator InspectorKEITH (Prime)TotalsProject ManagerProject Executive Principal Engineer Professional Engineer Enginering Designer Senior Landscape Architect Senior Surveyor / SUE Project Surveyor / SUE Survey / SUE AnalystChief Utility Coordinator Utility Designating CrewLandscape Designer Page 3 of 3 655 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $260.00 Hr. Rate $242.00 Hr. Rate $205.00 Hr. Rate $180.00 Hr. Rate $160.00 Hr. Rate $145.00 Hr. Rate $100.00 Hr. Rate $100.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed 1.1 Project Management 10 $2,600 50 $12,100 20 $4,100.00 10 $1,800.00 0 $0.00 0 $0.00 0 $0.00 12 $1,200.00 114 $21,800.00 1.2 Team Meetings and Meetings with Government Agencies 10 $2,600 27 $6,534 27 $5,535.00 32 $5,760.00 0 $0.00 0 $0.00 0 $0.00 5 $500.00 106 $20,929.00 Subtotals 20 $5,200 77 $18,634 47 $9,635.00 42 $7,560.00 0 $0.00 0 $0.00 0 $0.00 17 $1,700.00 220 $42,729.00 Task 2 Preliminary Design Report - Maximum Not-To-Exceed 2.1 Existing H&H Modeling Review and Update 0 $0 68 $16,456 85 $17,425.00 0 $0.00 0 $0.00 160 $23,200.00 185 $18,500.00 0 $0.00 683 $75,581.00 2.2 Draft and Final Design Report, H&H Modeling, and Options 0 $0 44 $10,648 60 $12,300.00 0 $0.00 0 $0.00 144 $20,880.00 30 $3,000.00 20 $2,000.00 348 $48,828.00 2.3 BCA Compliance Verification 0 $0 10 $2,420 20 $4,100.00 0 $0.00 0 $0.00 0 $0.00 20 $2,000.00 0 $0.00 70 $8,520.00 Subtotals 0 $0 122 $29,524 165 $33,825.00 0 $0.00 0 $0.00 304 $44,080.00 235 $23,500.00 20 $2,000.00 1101 $132,929.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed 3.1.1 Preliminary Civil Engineering Design Plans (30%)0 $0 8 $1,936 0 $0.00 32 $5,760.00 0 $0.00 30 $4,350.00 44 $4,400.00 0 $0.00 158 $16,446.00 3.1.2 Construction Documents (CD) – Final Engineering (60%, 90%, 100%)0 $0 29 $7,018 28 $5,740.00 40 $7,200.00 0 $0.00 20 $2,900.00 40 $4,000.00 10 $1,000.00 217 $27,858.00 3.4 Engineering Permitting 0 $0 50 $12,100 100 $20,500.00 148 $26,640.00 0 $0.00 0 $0.00 46 $4,600.00 24 $2,400.00 438 $66,240.00 Subtotals 0 $0 87 $21,054 128 $26,240.00 220 $39,600.00 0 $0.00 50 $7,250.00 130 $13,000.00 34 $3,400.00 813 $110,544.00 Task 4 Public Outreach Coordination - Maximum Not-To-Exceed 4 Public Outreach Coordination 0 $0 9 $2,178 9 $1,845.00 9 $1,620.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $5,643.00 Subtotals 0 $0 9 $2,178 9 $1,845.00 9 $1,620.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 27 $5,643.00 Task 7 Limited Construction Administration Services - Maximum Not-To-Exceed 7.2 Periodic Site Visits and Construction Observation 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 7.4 Meetings and Conference Calls 0 $0 22 $5,324 4 $820.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 26 $6,144.00 7.7 Final Certifications 0 $0 0 $0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Subtotals 0 $0 22 $5,324 4 $820.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 26 $6,144.00 Total Salary Costs 20 $5,200 317 $76,714 353 $72,365 271 $48,780.00 0 $0.00 354 $51,330.00 365 $36,500.00 71 $7,100.00 2187 $297,989.00 Reimbursables QTY Unit Total 1 500 $500.00 $0.00 $0.00 Total Reimbursables $500.00 Total Labor and Reimbursables $298,489.00 TotalsEng II / Eng Tech IV Website / Spat. Tech II / Eng. Tech III Admin. SupportEng. Tech I Baxter-Woodman (Subconsultant) Vice President Engineer VI Engineer IV Engineer III Page 2 of 3 656 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $250.00 Hr. Rate $165.00 Hr. Rate $110.00 Hr. Rate $95.00 Hr. Rate $105.00 Hr. Rate $85.00 Hr. Rate $95.00 Hr. Rate $65.00 Hr. Rate $255.00 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Task 1 Project Coordination and Preliminary Design - Maximum Not-To-Exceed - NTE 1.8 Environmental Assessment 51 $12,750.00 190 $31,350.00 50 $5,500.00 65 $6,175.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 0 $0.00 0 $0.00 645 $83,930.00 1.9 Geotechnical Investigation 0 $0.00 0 $0.00 44 $4,840.00 88 $8,360.00 0 $0.00 0 $0.00 0 $0.00 88 $5,720.00 10 $2,550.00 230 $21,470.00 Subtotals 51 $12,750.00 190 $31,350.00 94 $10,340.00 153 $14,535.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 88 $5,720.00 10 $2,550.00 875 $105,400.00 Total Salary Costs 51 $12,750.00 190 $31,350.00 94 $10,340.00 153 $14,535.00 160 $16,800.00 90 $7,650.00 39 $3,705.00 88 $5,720.00 10 $2,550.00 875 $105,400.00 Reimbursables QTY Unit Total MOT Plans (Geotech)1 $500.00 $500.00 Permitting Fees (Geotech)1 $500.00 $500.00 MOT Field Equipment Fees (Geotech)1 $3,000.00 $3,000.00 Lab Fees - Soil Classification (Geotech)1 $1,000.00 $1,000.00 Drilling Fees (Geotech)1 $23,000.00 $23,000.00 Lab Fees - Soil Classification (Enviromental) 1 $7,150.00 $7,150.00 Drilling Fees(Enviromental) 1 $9,775.00 $9,775.00 Office Expenses (Enviromental) 1 $500.00 $500.00 GIS Equipment (Enviromental) 1 $1,000.00 $1,000.00 Hotel (Enviromental) 1 $2,700.00 $2,700.00 Travel (Enviromental) 1 $2,610.00 $2,610.00 $0.00 Total Reimbursables $51,735.00 $157,135.00 Principal EngineerFlagger ECS Florida, LLC (Subconsultant) Senior Principal Senior Project Manager Project Engineer Assistant Project Manager Totals Project Manager Staff Environmental Scientist/Soil Scientist Draftsman 1 657 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $200.00 Hr. Rate $150.00 Hr. Rate $125.00 Hours Cost Hours Cost Hours Cost Hours Cost Task 4 Public Outreach Coordination - Maximum Not-To-Exceed - NTE 4 Public Outreach Coordination 12 $2,400.00 36 $5,400.00 60 $7,500.00 108 $15,300.00 Subtotals 12 $2,400.00 36 $5,400.00 60 $7,500.00 108 $15,300.00 Task 8 Public Outreach Coordination (Construction Phase) - Maximum Not-To-Exceed 8 Public Outreach Coordination (One Meeting)10 $2,000.00 30 $4,500.00 50 $6,250.00 90 $12,750.00 Subtotals 10 $2,000.00 30 $4,500.00 50 $6,250.00 90 $12,750.00 Total Salary Costs 22 $4,400.00 66 $9,900.00 110 $13,750.00 198 $28,050.00 Reimbursables QTY Unit Total Printing & Postage Phase 1 1 $10,000.00 $10,000.00 Printing & Postage Phase 2 1 $4,000.00 $4,000.00 $0.00 Total Reimbursables $14,000.00 Total and Reimbursables $42,050.00 The Merchant Strategy (Subconsultant)TotalsPI SpecialistPI/QAQC PI Manager / Social Media Page 5 of 6 658 FEE PROPOSAL NW 3rd Street - SFWMD C-16, (Heart of Boynton), Flood Risk Reduction - Engineering Services (RFQ #25-045Q) Project #15617.00 Hr. Rate $190.00 Hr. Rate $150.00 Hours Cost Hours Cost Hours Cost Task 2 Preliminary Design Report - Maximum Not-To-Exceed - NTE 2.3 BCA Compliance Verification 48 $9,120.00 0 $0.00 48 $9,120.00 Subtotals 48 $9,120.00 0 $0.00 48 $9,120.00 Task 3 Final Design and Plan Development - Maximum Not-To-Exceed - NTE 3.3 Engineer’s Opinion of Probable Cost 198 $37,620.00 44 $6,600.00 242 $44,220.00 Subtotals 198 $37,620.00 44 $6,600.00 242 $44,220.00 Total Salary Costs 246 $46,740.00 44 $6,600.00 290 $53,340.00 TBG Consulting (Subconsultant)Sr. Cost Estimator Cost Estimator Totals Page 6 of 6 659 SUBCONSULTANT PROPOSALS Baxter & Woodman, Inc. ECS Florida, LLC (Environmental) ECS Florida, LLC (Geotechnical) The Merchant Strategy (TMS) TBG Consulting 660 1601 Forum Place, Suite 400, West Palm Beach, FL 33401 | (561) 655-6175 | baxterwoodman.com Proposal March 4, 2026 Mr. Michael Cartossa Project Manager, Senior Associate Keith and Associates, Inc. 301 E Atlantic Boulevard Pompano Beach, FL 33060 Subject: Heart of Boynton Beach – Drainage Improvement Project (NW 3rd Street SFWMD C16) Dear Mr. Cartossa: Baxter & Woodman, Inc. is pleased to submit the following proposal. This proposal outlines our scope of services and engineering fee. This Scope of Work when executed, will become part of the Agreement for professional services between Keith and Associates, Inc. (Keith), Florida and Baxter & Woodman, Inc. (Consultant), for the NW 3rd Street - SFWMD C-16 (Heart of Boynton) Project. The engineering services requested by Keith include hydrologic and hydraulic (H&H) modeling, engineering, permitting, construction management and part-time inspection services. The scope and cost proposal shall be broken down for two phases: Design (Phase 1) and Construction (Phase 2). Scope of Services Phase 1 - Design Task 1 – Project Coordination 1. The Consultant will plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with Keith and project team to ensure the goals of the project are achieved. 2. Prepare and submit monthly invoices, coordinate invoices with Keith, and provide a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. 3. The following meetings are anticipated for this project: Meetings with City (4 total) Kickoff Meeting, Progress Review Meeting, Pre-submittal Meeting, Preliminary Design Review Meeting. The Consultant will also participate in up to 12 check-in meetings with Keith, through design development. 4. The Consultant will submit as requested documentation needed for grant reporting by Keith. It is anticipated that this will include quarterly updates and up to one meeting with Keith and the City Grant Manager. 661 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 2 Proposal 1. Existing H&H Modeling Review and Update: The City has an existing model of this area which was prepared in December 2021 with updates during 2025. The model and its results are documented in several reports. The Heart of Boynton portion of the stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model will be beneficial because ICPR4/StormWise now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4/StormWise. Additionally, modeling associated with the City’s Stormwater Master Plan will be utilized for comparison and validation. The model updates will include basins that can consider proposed drainage improvements in a higher level of detail. Modifications will be made to an existing condition model. Improvements will be added such as the additional exfiltration trenches, offline stormwater storage chambers, and bioswales as recommended by the Consultant and agreed to by Keith and the City. Up to three alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with a drawing/figure of the final recommended drainage improvement layout, a discussion of the level of service, and discussion of permitting issues. 2. Draft and Final Design Report, H&H Modeling, and Options: The Consultant will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation with design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by Keith. The Final PDR will incorporate Keith’s comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: o Stormwater technical memorandum o Existing H&H modeling review and update o Preliminary recommendation of options (maximum of three (3)) o Preliminary permitting meeting results 3. BCA Calculations: the Consultant will perform calculations based on the stormwater flood routing calculations to determine the damage costs associated with the differences in the existing condition and select proposed conditions for a Benefit Cost Analysis as typically required for a Hazard Mitigation Grant.Tables and calculations will be provided for Keith’s use in preparing the grant submittal. Task 2 – Preliminary Design Report 662 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 3 Proposal Task 3 – Final Design and Plan Development 1. Plan Development The Consultant will work with Keith during the design phase of the project to evaluate the effects of design condition changes on the model. Throughout the design phases (30%, 60%, and 90%), assumptions documented in the Preliminary Design Report may need to be revised. The Consultant will make up to two updates during each design phase to verify that any design changes do not adversely affect the results presented in the Preliminary Design Report. These edits will be reflected in the Permit Drainage Report prepared for the next sub task. Calculations associated with the BCA will also be updated. 2. Permitting It is anticipated that Consultant will be required to perform permitting services to apply for new or to modify existing permits as necessary based on revisions to the original design. The following permit applications are anticipated: SFWMD Environmental Resource Permit (ERP): Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Including dewatering methods and recommendations. SFWMD Dewatering Permit: Consultant believes this will be required concurrently with the ERP due to the presence of groundwater contamination in the area. SFWMD Right of Way (ROW) Permit(s): Based on the CDM report, there are two outfall locations into the C-16 Canal that will require ROW permit(s). Revetment will be designed to meet SFWMD ROW Design Standards. USACE Section 408 permit(s): These are related to the SFWMD ROW permit(s) because the C-16 Canal is a joint agency maintained facility. SFWMD will submit this application to USACE for concurrent review and Consultant will respond to comments. USACE Nationwide Permit: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Permit applications will be completed for each of the permitting agencies as required. Associated permit application fees will be determined by Consultant and paid for by Keith or the City under permit allowance. The services include preparing the permit application for In addition to preparing the permit applications for appropriate agencies, Consultant will 663 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 4 Proposal assist Keith and the City in consultations with the appropriate authorities. Consultation services will include the following: o Attend up to one (1) meeting with the staff of each regulatory agency. o Respond to the request(s) for additional information from each regulatory agency. Consultant will prepare a response for up to one (1) request for information issued by each regulatory agency. Task 4 - Public Outreach Coordination Public Outreach Meetings: Consultant will coordinate with Keith for public outreach meetings. Consultant will coordinate with the development of relevant presentation materials (i.e. PowerPoint, handouts, etc.) and present at up to three (3) public outreach meetings to update the public on the status of the Heart of Boynton project. The meetings included under this task are as requested by the City but are anticipated to be one meeting during preliminary design, one approximately at 90% design and the last as a preconstruction meeting in conjunction with the contractor. Phase 2 - Construction (Subject to Approval of Phase 2 Grant) Task 5 – Limited Construction Services Consultant will provide limited Construction Engineering Services within a 12 month, assuming for Part Time Construction Inspections. Limited Construction Engineering Services are as identified and further detailed below: 1. Pre-Construction Conference: the Consultant will participate in a pre-construction conference with Keith and the City’s awarded Contractor and City staff. 2. Limited Construction Certification: As part of the RPR services the Consultant will provide a Water Resources Engineer for up to 20 hours for permit certification. Should the need to change the permitted design arise to due to unforeseen conditions the Engineer will update the model to be able to certify that the alternative design is still in substantial conformity with the permitted conditions. It is assumed that the design Engineer of Record will propose a workable solution to be modeled and that these modifications are limited to only two, point location solutions. This certification is limited to the extent of the model as part of the permit. 664 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 5 Proposal ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant will advise Keith in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with Keith. 1. The extent of the proposed drainage system, including outfall locations, is based largely on the recommendations made by CDM in their study report, unless otherwise noted. Additional services may be needed if there is a substantial difference in the Consultant’s findings. These services are to be discussed with the CITY and Kieth prior to performing any additional work and might be covered under the allocated Owner Controlled Allowance Task. 2. Keith will provide all documents (i.e. AutoCAD, hydraulic and hydrologic models, hydraulic calculations, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others if available. All available information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 3. Keith and the City will assist Consultant with in-field verification of existing City facilities by providing access to infrastructure as necessary. 4. Keith will coordinate and arrange the public outreach meetings including providing the location. 5. Keith or the City is responsible for reimbursement to Consultant for all permit application fees and costs of public notification paid by Consultant. Under permit allowance. 6. Consultant specifically excludes the performance of or review of any water or sewer hydraulic analyses. 7. City is responsible for the review of the Contractor’s payment applications and confirmation of quantities associated with Contractor’s pay applications. Consultant specifically excludes Contractor’s payment application reviews. 8. Consultant assumes that the determination and mitigation of contaminated soils or contaminated groundwater in the project area is by others. 9. Consultant bases the design on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations are considered an Additional Services Item not currently included in this Scope of Work. 10. All communication between the Consultant, Keith, and the City will be by a designated contact person, response to submittals will be compiled into one response. 11. Consultant specifically excludes services for addressing bidding. 12. Consultant specifically excludes assisting the City in the settlement of construction claims. 13. Consultant assumes a construction duration of 12-months. Construction extending beyond the 12-months from start of construction (NTP issuances to contractor) will be considered for additional services and Consultant fees will be negotiated with the Keith. 14. CONTRACTOR will be responsible for obtaining final dewatering permits. 15. CONTRACTOR will be responsible for preparation and submittal of the NOI and NOT with regards to the NPDES program. 16. CONTRACTOR will be responsible for preparing Maintenance of Traffic (MOT) plans. These MOT plans will be prepared by a person who has completed an FDOT recognized Advanced MOT Training course. If MOT is developed during the PDR is preliminary in nature and is not considered direction for the CONTRACTOR to follow or to submit for permitting. 665 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 6 Proposal Fee The Keith shall pay the Engineer for the services performed a lump sum amount of $298,459 .00. The Engineer’s fee for the stated scope of services is based upon the 202 5 Engineer’s standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses including travel and subconsultant fees, the total of which will not exceed $500.00. The Engineer may adjust the hourly billing rates and out-of-pocket expenses on or about January 1 of each subsequent year and Agreement will be amended accordingly prior to the continuation of services. This proposal is valid for 90 days from the date issued. Schedule PHASE 1 (Design) Task 1 – Project Coordination and Preliminary Design Through Out Task 2 – Preliminary Design Report 16 week from NTP Task 3 – Final Design and Plan Development (Permitting) 32 week from NTP Task 4 – Public Outreach Coordination (Design Phase) 32 week from NTP PHASE 2 (Construction - Subject to Approval of Phase 2 Grant) Task 6 – Limited Construction Administration Services Within 52 weeks of end of Phase 1 Standard Terms and Conditions The attached Standard Terms and Conditions apply to this proposal. 666 Mr. Michael Cartossa March 4, 2026 Keith and Associates, Inc. No. 2501403 | Page 7 Proposal Acceptance If you find this proposal acceptable, please sign and return one copy for our files. If you have any questions or need additional information, please do not hesitate to contact me at 561-425-7760 or jhiscock@baxterwoodman.com. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Jeffrey G. Hiscock, PE Vice President Keith and Associates, Inc. ACCEPTED BY: TITLE: DATE: P:\BOYBC\2501403-NW 3rd Street SFWMD C16 Heart of\_PROMO\Scope&Fees\260304_Heart of Boynton Engineering Services Baxter&Woodman.docx 667 Website / Vice Engineer Engineer Engineer Eng. II /Spat. Tech II Admin.Sub- President VI IV III Eng. Tech IV Eng. Tech III Eng. Tech I Support Total Consultant Task Task Description $260.00 $242.00 $205.00 $180.00 $160.00 $145.00 $100.00 $100.00 Labor Services 1 Project Coordination 1.1 Project Management 10 50 20 10 12 $21,800 1.2 Project Meetings (up to 4) + 12 check-ins 10 27 27 32 5 $20,929 Subtotal 20 77 47 42 0 0 0 17 $42,729 $0 2 Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 68 85 160 185 $75,581 2.2 Draft and Final Design Report, H&H Modeling, and Options 44 60 144 30 20 $48,828 2.3 BCA Calculations 10 20 20 $8,520 Subtotal 0 122 165 0 0 304 235 20 $132,929 $0 3 Final Design and Plan Development 3.1 Preliminary Design Updates 8 32 30 44 $16,446 3.1A Progress Plan Updates 4 24 10 20 $8,738 3.1B Permit Plans 25 28 16 10 20 10 $19,120 Subtotal 0 37 28 72 0 50 84 10 $44,304 $0 3.2 Permitting 3.2A USACE Nationwide Permit 26 48 56 10 6 $27,801 3.2B SFWMD Environmental Resource Permit 12 35 60 20 12 $23,998 3.2C FL Dept Env Protection 12 17 32 16 6 $14,411 Subtotal 0 50 100 148 0 0 46 24 $66,210 $0 4 Public Outreach Coordination 4.1 Public Outreach Meeting Attendance (up to 3 mtgs)9 9 9 $5,643 Subtotal 0 9 9 9 0 0 0 0 $5,643 $0 5 Limited Construction Services 5.1 Pre-Construction Conference 2 4 $1,304 5.2 Resident Project Representative 20 $4,840 Subtotal 0 22 4 0 0 0 0 0 $6,144 $0 Labor Subtotal Hours 20 317 353 271 0 354 365 71 $297,959 $0 Labor Subtotal Costs $5,200 $76,703 $72,346 $48,780 $0 $51,330 $36,500 $7,100 Labor Total Costs $297,959 Subconsultant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Permitting Allowance / Website Domain Owner's Control Allowance Reimbursable Expenses $500 Project Total $298,459 Exhibit C City of Boynton Beach - Heart of Boynton Detailed Fee Breakdown Labor Classification and Hourly Rates 3/4/2026 Proposal Baxter Woodman, Inc. 668 669 ECS Florida, LLC Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services Heart of Boynton Coastal Resiliency Project NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida 33435 For: Keith Engineering 301 E Atlantic Boulevard, Pompano Beach, Florida 33060 ECS Proposal Number 55:15077 and 15078 February 24, 2026 670 February 24, 2026 Mr.Jorge Valle-Pellot Keith Engineering 301 E Atlantic Boulevard Pompano Beach, Florida 33060 ECS Proposal No. 55:15077 and 15078 Reference: Proposal for FEMA NEPA analyses, EHP Compliance, and Regulatory Services, Heart of Boynton Coastal Resiliency Project, NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Palm Beach County, Florida Dear Mr. Valle-Pellot: ECS Florida, LLC (ECS) is pleased to provide you with this proposal for performing FEMA NEPA analyses, EHP Compliance, and Regulatory Services for the Heart of Boynton Coastal Resiliency Project. Our proposal contains a summary of relevant information as we understand it, a project schedule, and the estimated fees for completion of the proposed services. We understand the property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida. Based on the information available, a property description is noted within the attached proposal along with a description of our scope of services. We appreciate the opportunity to be of service to you on this project. If you have any questions or comments concerning this proposal, or would like adjustments to our proposed scope of services or schedule, please do not hesitate to contact us. ECS Florida, LLC Jason Adams Alex Chatham, P.E. Natural Resources Director Environmental Principal JAdams2@ecslimited.com AChatham@ecslimited.com 813-302-1644 561-840-3667 ECS Florida, LLC 2000 Avenue P, West Palm Beach, Florida 33404 •T:561-840-3667 ECS Florida, LLC •ECS Mid-Atlantic LLC •ECS Midwest, LLC •ECS Pacific, Inc.•ECS Southeast, LLC •ECS Southwest, LLP ECS New York Engineering, PLLC - An Associate of ECS Group of Companies •ecslimited.com "ONE FIRM. ONE MISSION."671 PROJECT INFORMATION AND SCOPE OF SERVICES Project Description We understand the subject property is located at NW corner of W Boynton Beach Boulevard & N Federal Highway in Boynton Beach, Palm Beach County, Florida. According to the Palm Beach County Online GIS website, the subject property is identified as Parcel Identification Number (PIN) mulitple and consists of approximately 400 acres. The site consists of primarily residential mixed land use. Attached is a general location map for reference. Scope of Services Based on our understanding of the subject property and plans for future activities, ECS has prepared the following Scope of Services: Ecological Permitting Support Services Overview and Approach ECS will provide, FEMA National Environmental Policy Act (NEPA) analyses and Environmental & Historic Preservation (EHP) Compliance as well as regulatory services in support of the Heart of Boynton Coastal Resiliency Project. Services are structured to support the City of Boynton Beach and the Engineer of Record (EOR) through planning, NEPA compliance, environmental due diligence, natural resource assessments, and Federal, State, and Local environmental permitting, while maintaining alignment with FEMA Region IV, Florida Department of Emergency Management (FDEM), and applicable regulatory agencies. ECS’s approach emphasizes early coordination, audit-ready documentation, and integration with the civil design process to minimize schedule risk, avoid permitting delays, and ensure Hazard Mitigation Grant Program (HMGP) reimbursement eligibility. Task 1 – Environmental Contamination / Hazardous Materials Screening Evaluation ECS will conduct an environmental contamination screening evaluation to support trenching, exfiltration systems, and subsurface construction activities associated with stormwater improvements. Scope of Services: • ASTM Phase I ESA–equivalent contamination screening evaluation • Review of historical land use (Sanborn maps, aerial photography, city directories) • Federal, State, and local regulatory database review • Site reconnaissance • Identification of Recognized Environmental Conditions (RECs) • Risk summary memorandum focused on construction-related exposure pathways Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 1 672 •Soil and groundwater sampling at up to 15 locations to understand subsurface conditions in locations of suspect contamination. Laboratory analysis to be determined based on contamination screening. Deliverables: •Contamination screening evaluation memorandum suitable for FEMA EHP and design use •Contaminated Media Plan for Soil and Groundwater Plan for Florida Department of Environmental Protection approval Task 2 – Natural Resources Assessments ECS will evaluate natural resource constraints to support NEPA compliance and environmental permitting. Scope of Services: •Desktop wetlands and surface waters screening within project limits •Targeted field verification at existing or proposed outfalls, if required •Federal and State protected species and habitat screening •Field assessment and delineation of wetlands and surface waters within project area •Identification of permitting triggers related to waters, wetlands, and species •Construction Best Management Practices (BMPs) recommendations •Avoidance,minimization, and/or mitigation narrative for NEPA and permitting Deliverables: •Natural resources technical memorandum •Wetlands and species exhibits for NEPA and permitting applications Task 3 – Federal Regulatory Permitting Support USACE Section 408 Application ECS will support the civil design team and City in obtaining USACE Section 408 permission associated with modifications to or interfaces with the SFWMD C-16 Canal or other federally authorized projects. ECS Support Includes: •Early coordination with USACE Jacksonville District to confirm Section 408 applicability and submittal requirements •Preparation of environmental compliance documentation required for Section 408 review, including: ◦Environmental effects narrative ◦Resource impact summaries ◦NEPA consistency documentation •Support to the EOR in preparation of environmental sections of the Section 408 application •Participation in coordination meetings and responses to environmental-related comments Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 2 673 • Field evaluation with Federal agency ECS will not serve as the applicant of record. Clean Water Act / Rivers and Harbors Act Applications (as applicable) • Screening for CWA Section 404 and RHA Section 10 applicability • Preparation of environmental exhibits, impact narratives, and permit applications • Coordination to align federal permitting with FEMA NEPA clearance Task 4 – State Regulatory Permitting Support South Florida Water Management District (SFWMD) ECS will support State environmental permitting in coordination with the EOR. Scope of Services: • Environmental Resource Permit (ERP) applicability evaluation • Environmental documentation support for ERP applications • Coordination related to stormwater discharges and infrastructure interfaces with the SFWMD C-16 Canal • Preparation of environmental narratives and exhibits required for the State permit • Support for responses to State agency environmental comments • Field evaluation with State agency Deliverables: • Permit applicability memorandum • Environmental exhibits for State permit application Task 5 – Local Environmental and ROW Permit Support ECS will support environmental documentation and review associated with local permits and Right-of-Way (ROW) approvals. Scope of Services: • Preparation of environmental documentation and technical exhibits required for County and City ROW permits • Environmental review support for work within public rights-of-way • Coordination with local reviewing agencies on environmental compliance issues • Support for responses to environmental-related local permit comments • Field evaluation with County and City agencies Deliverables: Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 3 674 • Environmental exhibits for local permitting • Comment response support documentation Regulatory Coordination and Communication Across all tasks, ECS will: • Prepare and maintain a consolidated Federal, State, and Local permit matrix and schedule • Participate in agency coordination meetings and technical calls • Maintain an agency coordination log suitable for FEMA and FDEM audits • Coordinate closely with the civil design team to integrate environmental requirements into design and permitting Out of Scope Items If, during the performance of our scope of services, additional environmental issues are identified that are beyond the Scope of Services outlined within this proposal, ECS will contact Keith Engineering to discuss the relevance and significance of the finding in order to determine if the finding merits additional assessment, inclusion in our final report, or a modification to our Scope of Services and fee. Safety ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem a condition unsafe and the performance of our scope of services cannot be completed, you will be notified of the unsafe condition. ECS personnel will not proceed further with the scope of services in that area until the unsafe condition is corrected. Access delays associated with safety concerns may result in additional fees. PROJECT FEES AND SCHEDULE Project Fees* Ecological Services ECS will provide the proposed scope of services for the lump sum fees indicated on the attached Proposal Acceptance Form. Our fees are based on the chain of title, third party AUL search and property owner/contact information being provided by you or your agents, unless otherwise indicated. Our fee assumes that all necessary exhibits, site/property contact information, etc. will be provided to us by you or your agents. Meetings/Project Coordination Meetings and/or additional project coordination requested by Keith Engineering beyond the Scope of Services outlined above will be invoiced on a time and materials basis. Meetings after typical office hours (Monday through Friday 8 am to 5 pm) will be invoiced at 1.5 times the normal rate. Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 4 675 Project Schedule Environmental Services We can begin these tasks within approximately 10 days of receipt of written authorization to proceed. The field activities will require seven days to complete. We will provide preliminary verbal results and recommendations prior to submittal of our written reports, if requested. We anticipate that the proposed scope of work can be completed in approximately 6-12 months following the completion of field activities. Please note, ECS cannot begin the scope of work until we have received written authorization to proceed. If this schedule does not meet your needs, please contact ECS to discuss an expedited deadline. Additional costs may be incurred. If areas of the property cannot be observed due to inaccessibility or unsafe/unexpected conditions beyond the control of ECS, ECS will wait until such time either that the area is accessible or the unsafe conditions are corrected. If ECS must make additional visits to the site, a change order will be provided for our additional fees. LIMITATIONS AND ASSUMPTIONS Conclusions and recommendations pertaining to environmental conditions at the subject site are limited to the conditions observed at the time this study will be undertaken. The assessment is not intended to represent an exhaustive research of every potential condition that may exist, nor does it claim to represent conditions or events that arise after the assessment. We have made the following assumptions in developing this proposal: • Prices presented herein are valid for 120 days from the date of this proposal. • Upon client authorization, additional project work not specifically addressed by this proposal shall be charged at a time and materials rate in accordance with the ECS Fee Schedule in place at the time the service is performed. • Fees assume that our evaluation of the site will not be hindered by extremely thick vegetation. If vegetation is encountered on the site that renders an area or areas too thick to evaluate, ECS reserves the right to re-negotiate our fee for delineation (flagging) of the site. • Site/Civil engineer will provide impact maps, project purpose and need, avoidance and minimization examples, stormwater management plan, and other needed site specific mapping/documentation for the project, as applicable. • Any applicable mitigation fees required to offset proposed impacts are the responsibility of the client. • Our fee assumes that all necessary exhibits/impact and base maps will be provided to us by you or your agents. • Additional field visits, if requested, will require additional fees. • Wetland services do not include the wetland boundary surveying services by a Professional Licensed Surveyor. Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 5 676 PROPOSAL ACCEPTANCE Please complete the Proposal Acceptance page and return one copy to ECS to indicate acceptance of this proposal and to initiate services on the referenced project. The Client’s signature indicates that he/she has the authority to bind the Client, that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. PROPOSAL ACCEPTANCE Scope of Services Fees Initial for Authorization Tasks 1-5:Environmental Permitting Support Services (Time and Materials) • Project Completion - 6-12 months from NTP $107,665 Fee is based on Time and Materials (Estimated initial budget billed as actual time spent, not to be exceeded without a Change Order) ECS's current unit rates and proposed NTE Costs are attached. PROPOSAL INFORMATION ECS Proposal Number 55:15077 and 15078 Scope of Work FEMA NEPA analyses, EHP Compliance, and Regulatory Services Location NW corner of W Boynton Beach Boulevard & N Federal Highway, Boynton Beach, Florida CLIENT INFORMATION Signature - Authorized Representative for Entity Responsible for Payment Print or Type Name of Client and Company Date of Execution Proposal Addressee - Name Jorge Valle-Pellot Proposal Addressee - Company Keith Engineering Keith Engineering 55:15077 and 15078 ECS Florida, LLC Page 6 677 678 ECS Florida, LLC 2815 Directors Row, Suite 500 Orlando, FL 32809 (407) 589-9599 [Fax] (407) 859-8378 [Phone] Standard Fee Schedule GEOTECHNICAL, ENVIRONMENTAL, AND MATERIALS ENGINEERING SERVICES Personnel 1000 Senior Principal Engineer per hour $125.00 1027 Senior Principal per hour $285.00 1100 Principal Engineer per hour $255.00 1106 Principal Engineer - Environmental per hour $186.24 1125 Principal Geologist/Hydrogeologist/Scientist per hour $305.00 1130 Senior Environmental Engineer per hour $85.00 1168 Associate Principal per hour $205.00 1190 Certified Industrial Hygienist per hour $250.00 1210 Senior Project Manager per hour $165.00 1270 Facilities Senior Associate per hour $115.00 1275 Senior Archaeologist per hour $70.00 1300 Project Engineer per hour $125.00 1310 Project Manager per hour $135.00 1318 Visual Classification per hour $45.00 1325 Project Geologist/Hydrogeologist/Scientist per hour $60.00 1360 Facilities Associate III per hour $95.00 1370 Facilities Associate II per hour $85.00 1500 Asst. Proj. Eng./Eng. Geologist per hour $55.00 1510 Assistant Project Manager per hour $95.00 1525 Staff Geologist/Hydrogeologist/Scientist per hour $65.00 1535 Staff Environmental Scientist/Soil Scientist per hour $85.00 1570 Facilities Staff Associate per hour $65.00 1576 Driller per hour $0.00 679 1577 Driller's Helper per hour $0.00 1580 Facilities Associate I per hour $75.00 1625 Senior Environmental Technician per hour $65.00 1700 Senior Field Technician per hour $35.00 1701 Senior Field Technician OT per hour $52.50 1719 Chief Engineering Technician OT per hour $87.50 1800 Soils/Materials Technician per hour $40.00 1801 Soils/Materials Technician OT per hour $57.00 1825 Environmental Technician per hour $70.00 1900 Draftsman per hour $95.00 1950 Administrative Assistant per hour $75.00 7100 Structural Steel Inspector, CWI per hour $40.00 8085 Roofing Principal per hour $95.00 8100 Roofing Engineer per hour $65.00 8109 Registered Roofing Consultant - Facilities per hour $140.00 8135 Staff Professional - Facilities per hour $85.00 8140 Project Professional - Facilities per hour $95.00 8205 Roofing Technician OT per hour $48.00 8210 Senior Roofing Inspector, RIEI Certified per hour $30.00 8220 Roofing Project Technician per hour $40.00 8225 Roofing Project Technician - OT per hour $60.00 9466 Non-Billable Mobilization per hour $0.00 9467 Non-Billable Field Exploration per hour $0.00 9468 Non-Billable Clearing and Boring per hour $0.00 Equipment Charges / Miscellaneous 3279 DCP Rental per day $48.00 3280 Concrete Equipment Rental per day $36.00 3490 Monthly Report per month $688.00 4977 Low Level Geophone (Monthly)per month $334.00 4978 Modem Rental (Monthly) Rental per month $128.00 4979 Strobe Light Alarm System (Monthly)per month $264.00 4982 A-Weighted Microphone (Monthly)per month $334.00 4983 Sound Meter (Daily)per day $415.00 680 4984 Geophysics Equipment (Daily)per day $1,373.00 4990 F-Meter or Dipstick Usage per day $140.00 4999 F Unit Mobilization/Usage per day $278.00 5000 Nuclear Gauge Rental per day $59.00 5001 Inclinometer Usage per week $140.00 5002 Transit/EDM Usage per week $174.00 5003 Tilt Plate Unit Usage per week $128.00 5100 HNu Meter Calibration each $210.00 5101 HNu Meter Daily Charge (usage)per day $210.00 5102 Photo Ionization Detector (Organic Vapor Analyzer)per day $107.00 5103 Oil/Water Interface Probe per day $66.00 5104 PVC Disposable Bailers each $17.00 5105 Teflon or Other Bailers each $33.00 5106 Tyvek or Saranex Suits each $10.00 5107 Protective Gloves each $10.00 5108 Surgical Gloves each $8.00 5109 Combustible Gas Meter per day $46.00 5110 Specific Conductance Meter each $39.00 5111 Respirators per day $20.00 5112 Respirator Cartridges each $13.00 5113 Moisture Meter each $66.00 5114 Temperature/Relative Humidity Meter each $39.00 5115 Borescope each $73.00 5116 Air Sampling Pump each $51.00 8609 Half Cell Corrosion Testing (Equipment Only)per day $1,030.00 8650 Coring Crew per hour $99.00 Expenses 3200 Outside Services cost +$0.00 3350 Mileage per mile $0.64 3715 Digital Signature Fees at cost $0.00 5290 Misc. Supplies cost +$0.00 Materials 681 7030 Linear Drying Shrink. (CMU) min. 3 units each $278.00 Reports 3500 Reports - Additional Copies per copy $46.00 3550 Reproduction of Previous Reports per copy $59.00 LABORATORY TESTING SERVICES Index Tests 4000 Visual Classification of Soil - SPT (ASTM D2488)per sample $80.00 4001 Rock Classification (ASTM D5878)per sample $59.00 4002 USDA Textural Classification per sample $80.00 4010 Visual Classification of Soil - Shelby Tube (ASTM D2488)per sample $80.00 4100 Natural Moisture Content (ASTM D2216, AASHTO T265)per test $15.00 4150 Density and Unit Weight of Soil, Method A per test $31.00 4151 Density and Unit Weight of Soil, Method B per test $66.00 4250 Specific Gravity (ASTM D7263)per test $46.00 4255 Specific Gravity - Water Pycnometer (ASTM D854/AASHTO T100)per test $46.00 4300 Atterberg Limits Testing (ASTM D4318)per test $73.00 4350 Shrinkage Limit Factor (AASHTO T92, ASTM D427)per test $73.00 4360 Expansive Index Testing (ASTM D4829)per test $257.00 4400 Grain Size Analysis Washed (ASTM D422)per test $99.00 4450 Grain Size Analysis Unwashed (ASTM D422)per test $73.00 4500 Hydrometer (ASTM D421/422)per test $73.00 4600 Percentage Passing #200 (ASTM D1140)per test $39.00 4700 Organic Content Test (ASTM D2974, AASHTO T267)per test $46.00 4730 pH (ASTM G51)per test $46.00 4731 pH (AASHTO T289)per test $46.00 4740 Soil Resistivity (ASTM G187)per test $107.00 4741 Soil Resistivity (AASHTO T288)per test $107.00 4750 Topsoil Analysis per sample $174.00 4831 Sulfate Ion Content (AASHTO T290)per test $107.00 4893 Chloride Ion Content (AASHTO T291)per test $278.00 682 Compaction and Density Tests 4800 Standard Proctor (ASTM D698)per test $99.00 4801 Standard Proctor (AASHTO T99)per test $99.00 4802 Standard Proctor (State DOT)per test $99.00 4803 Modified Proctor ASTM D1557 per test $87.00 4804 Modified Proctor (AASHTO T180)per test $87.00 4805 Modified Proctor (State DOT)per test $87.00 4806 One-Point Proctor (AASHTO T272)per test $107.00 4807 One-Point Proctor (State DOT)per test $107.00 5004 Standard Proctor (ASTM D698)per test $99.00 5009 California Bearing Ratio (D1557)per test $312.00 5010 California Bearing Ratio, CBR (ASTM D1883)per test $312.00 5013 Florida Bearing Value (FBV) (3 Min)per test $46.00 5014 Modified Proctor (ASTM D1557)per test $87.00 5055 Nuclear Gauge Usage per day $174.00 5095 Relative Density of Cohesionless Soils per test $346.00 5302 Spread Footing - Foundation Observations per test $26.00 5303 Field Compaction Unit Testing each $20.00 5304 Dynamic Cone Penetrometer (DCP) Test per test $33.00 5305 Drive Tube Method Field Density Report per test $31.00 5308 Drive Tube Method (ASTM D-4944)per test $33.00 Bearing Ratio Tests 4810 California Bearing Ratio, CBR (ASTM D1883)per test $312.00 4811 California Bearing Ratio, CBR (AASHTO T193)per test $312.00 4812 California Bearing Ratio, CBR (State DOT)per test $312.00 4813 California Bearing Ratio, CBR (ASTM D1883) w/o Proctorper test $210.00 4814 California Bearing Ratio, CBR (AASHTO T193) w/o Proctorper test $210.00 4815 California Bearing Ratio, CBR (State DOT) w/o Proctorper test $210.00 4820 Limerock Bearing Ratio, LBR per test $312.00 Soil-Lime and Soil-Cement Testing 4830 Soil-Lime Proportion for Soil Stabilization (ASTM D6276)per point $87.00 4832 Moisture-Density Relations of Soil-Cement Mixtures (AASHTO T134, ASTM D558)per test $264.00 683 4833 Unconfined Compressive Strength of Soil-Cement Cylinders (ASTM D1633)per test $39.00 Soil Strength Testing 4840 Pocket Penetrometer Test per test $15.00 4841 Direct Shear Test - Granular (ASTM D3080)per test $551.00 4842 Direct Shear Test with Residual - 1 Stress (ASTM D3080/USACE EM1110-2-1906)per test $688.00 4843 Residual Ring Shear (ASTM D6467)per test $1,302.00 4844 Lab Vane Shear Strength per test $73.00 4845 Unconfined Compressive Strength (ASTM D2166)per test $39.00 4846 Triaxial Unconsolidated Undrained Stress (ASTM D2850)per confining stress $415.00 4847 Triaxial Consolidated Undrained Stress (ASTM D4767, AASHTO T297)per confining stress $415.00 4848 Triaxial Consolidated Drained Stress (ASTM WK3821)per confining stress $620.00 4849 Direct Shear Test with Residual - 3 Stresses (ASTM D3080/USACE EM1110-2-1906)per test $1,017.00 Consolidation Tests 4860 One-Dimensional Consolidation Test (ASTM D2435)per test $688.00 4861 One-Dimensional Swell or Settlement Potential Test (ASTM D4546)per test $483.00 4862 Constant Rate of Strain Consolidation Test per test $73.00 5019 Pressure - Void Ratio Curve (Consolidation)per test $551.00 5020 Plotted Time Curves (Consolidation)per test $46.00 5021 Consolidation with Back Pressure per test $688.00 5022 Swell Test per test $483.00 5023 Rapid Consolidation (Taylor Method)per test $688.00 Aggregate Testing 4210 Acid Solubility of Aggregate AWWA B100 per unit $26.00 4870 Soundness of Aggregate (ASTM C88)per test $483.00 4872 Specific Gravity of Coarse Aggregate (ASTM C127)per test $59.00 4873 Specific Gravity & Absorption of Fine Aggregates (ASTM D7172)per test $66.00 4874 Bulk Density of Aggregate (ASTM C29/C29M)per test $59.00 4875 Sieve Analysis of Fine and Coarse Aggregates (ASTM C136)per test $73.00 4879 Deleterious materials (visual)per test $86.00 4886 Lightweight particles per test $201.00 684 Rock Testing 4880 Direct Shear of Rock Specimen (ASTM D5607)per test $346.00 4881 Direct Tensile Strength of Intact Rock Core (ASTM D2936)per test $346.00 4882 Point Load Strength Index Test (ASTM D5731)per test $346.00 4883 Slake Durability (ASTM D4644)per test $346.00 4884 Unconfined Compressive Strength of Intact Rock Core (ASTM D7012c)per test $73.00 4885 Unconfined Compressive Strength with Elastic Moduli of Rock Core (ASTM D7012d)per test $73.00 4887 Unconfined Compressive Strength of Intact Rock Core (ASTM D7012c, D4543)per test $65.00 Other Soils Lab Tests and Activities 4890 Coarse Grain Constant Head Permeability ASTM D2434per test $210.00 4891 Porous Constant Head Permeability, ASTM D5084 Method Aper test $147.00 4892 Remolding of Disturbed Samples per sample $51.00 4894 Shelby Tube Extraction (ASTM D1587)per sample $51.00 Miscellaneous Tests and Activities 1730 QMP Concrete Per CY $15.00 1731 QMP Asphalt Per Ton $8.00 1732 QMP Nuclear Density Per Ton $8.00 1733 QMP Base Aggregate Per Ton $8.00 3400 Store Samples (> 60 days)per sample per month $8.00 4200 Calibrated Hand Penetrometer per test $15.00 4402 Filter sieve AWWA B100 per test $91.00 4475 Additional Sieves (over 7)per test $39.00 4480 Grain Size Analysis - Combined (Hydrometer + Sieve)per test $134.00 4486 Moh's hardness per test $136.00 4550 Petroleum Hydrocarbon (pH) Test on Soil per test $140.00 4710 Extrusion, Thin Wall Samples per tube $51.00 4720 Log/Classify Undisturbed Samples per tube $73.00 4742 Thermal Conductivity of Soil and Rock (ASTM D5334)per test $1,302.00 4743 Soil Thermal Resistivity, IEEE Method per test $1,302.00 4869 Micro-Deval per test $282.00 4871 Los Angeles (LA) Abrasion Resistance (ASTM C535)per test $244.00 5024 Unconfined Compressive Strength (w/o stress - strain)per test $39.00 685 5026 Pocket Penetrometer or Torvane per test $15.00 5050 Residual Ring Shear (ASTM D6467)per test $1,302.00 5056 Residual Shear Strength (additional cycles)per test $169.00 5080 Soil Cement - Basic Design (Materials)per test $1,235.00 6091 Sieve Analysis of Fine and Coarse Aggregates (ASTM C136)per test $73.00 6092 Sieve Analysis, incl. finer than #200 (washed)per test $59.00 6093 Specific Gravity of Course Aggregate (ASTM C127)per test $59.00 6094 Specific Gravity & Absorption of Fine Aggregates (ASTM D7172)per test $66.00 6095 Unit Weight (ASTM C-29, including C-30)per test $59.00 6155 SEM/EDS unknown cementitious material (ASTM C1723)per sample $507.00 6160 Petrographic Examination of Coarse Aggregate for Concrete (ASTM C295)per test $2,535.00 6161 Petrographic Examination of Rock Cores or Ledge Rock (ASTM C296)per test $1,217.00 6162 Petrographic Examination of Fine Aggregate for Concrete (ASTM C295)per test $3,042.00 6163 Iron Sulfide Identification/Quantification in rock or concreteper test $1,014.00 6164 Laboratory Visual Analysis per sample $305.00 6165 Polished cross section prep & pheno per sample $406.00 6166 Optical Analysis of cross section per sample $305.00 6167 Thin Section prep per sample $406.00 6168 Thin Section PLM analysis per sample $457.00 6169 Fracture sample examination per sample $356.00 6170 Polished SEM section prep per sample $356.00 6171 Thin section SEM analysis per sample $305.00 6172 Polished section SEM analysis per sample $305.00 6173 SEM/EDS misc unknown material per sample $406.00 6174 SEM/EDS efflorescence per sample $305.00 6175 C457 procedure C prep per sample $406.00 6176 Sample Prep for Chloride testing (including pheno)per sample $168.00 6177 polish prep for iron sulfide per sample $356.00 8615 Coring Rig Mobilization each $210.00 Permeability Tests 9067 Field Permeability Test each $551.00 686 MATERIALS TESTING SERVICES Asphalt Tests 5085 Extraction / Gradation of Asphaltic Concrete per sample $99.00 5086 Bitumen Content Only (ASTM - D-2172)per test $73.00 5087 Asphalt, Bulk Specific Gravity, Density per test $43.00 5088 Asphalt Extraction / Gradation / Marshall Stabilityper sample $278.00 5089 Additional for Mixing per set $73.00 5090 Penetration (ASTM D-5), Asphalt per test $73.00 Concrete and Cement Tests 4704 Chloride and Sulfate Tests each $48.00 5074 Soil Cement Monitoring per hour $51.00 5076 Compressive Strength - Soil/Cement Mix per test $39.00 6000 Compressive Strength, Concrete Cylinders each $17.00 6005 Stripping Cylinders each $17.00 6006 Cure/Store Reserve Concrete Cylinders each $15.00 6007 Spare Stripping Cylinders each $12.00 6008 56-Day Concrete Cylinders Broken each $17.00 6050 Splitting Test (ASTM C-496), Cylinders each $73.00 6051 Unit Weight of Concrete (ASTM C-29/C-30)each $39.00 6052 Flexural Strength Tests, Beams (ASTM C-78)each $73.00 6059 Density, Absorption, & Voids in Hardened Concrete (Concrete Core), 3 specimenseach$346.00 6060 Concrete Core Tests (incl. sample preparation)each $51.00 6061 Windsor Probe Testing per test $46.00 6062 Dipstick / Floor Flatness Testing each $415.00 6070 Statistical Analysis, Cylinder Test Results (50 sets)per run $153.00 6071 Statistical Analysis (> 50 sets), per set per set $15.00 6090 Concrete Cylinder Pickup per pickup $39.00 6096 Concrete Mix Design each $415.00 6097 Concrete Trial Mix (6 test cylinders)per set $346.00 6098 Shrinkage Compensating Concrete Trial Mix each $210.00 6151 Petrographic Analysis of Concrete >8" core (ASTM C856)per sample $2,434.00 6152 Partial Petro (no thin section)per sample $1,217.00 6153 Petrographic Analysis of Concrete, 2 thin section areas (ASTM C856)per sample $1,521.00 687 6154 Petrographic Exam and Mix Proportions of Hardened Masonry Mortar (ASTM C1324)per sample $2,839.00 6156 Hardened Air Void content and Mix Design Info (ASTM C457 procedure B)per test $1,217.00 6157 Hardened Air Void Content Parameters (ASTM C457 procedure C)per test $761.00 6158 Water-soluble chloride in concrete (ASTM C1218)per test $270.00 6159 Acid-soluble Chloride in Concrete (ASTM C1152)per test $270.00 Block, Brick, and Mortar Tests 6010 Compressive Strength, Grout Cubes each $17.00 6020 Compressive Strength, Grout Prisms each $26.00 6030 Compressive Strength, Mortar Cubes each $23.00 7020 CMU Compressive Strength each $59.00 7021 CMU Prism Compressive Strength, 3 unit set per set $375.00 7022 CMU Prism Compressive Strength, spare unit per unit $99.00 7023 CMU Prism Compressive Strength, 3 unit set, spareper set $257.00 7025 CMU Absorption/Moisture per unit $73.00 7040 Prism Test (Composite, Brick or Block)per test $244.00 7041 CMU Freeze/Thaw, initial 5 cycles, 5 units per specimen $551.00 7051 Flow Test/Air Content, Mortar per test $73.00 7052 Water Retention Test, Mortar per test $415.00 Roofing Tests 8355 Infrared Camera Usage per day $620.00 Fire Proofing Tests 8060 Density Test - Fireproofing per test $51.00 GEOTECHNICAL & ENVIRONMENTAL SERVICES Geotechnical / Environmental Drilling Services 5208 Drilling Fees lump sum $0.00 9000 Drill Rig Mobilization (Truck)per mobilization $346.00 9004 Boring Test Pit Layout per hour $80.00 9005 Backhoe Mobilization (Rubber Tire)per mobilization $346.00 9006 Mobilization of ATV - (Local)per mobilization $415.00 688 9008 Tripod Drilling per site $1,749.00 9009 Standby/Movement - Drill Rig (2 person)per hour $174.00 9010 Standby/Movement - Drill Rig (3 person)per hour $174.00 9013 Private Utility Locator lump sum $551.00 9014 Weekend Drilling Surcharge per day $688.00 9015 Patching Materials each $39.00 9020 SPT Drilling, 0' - 50' Depth per foot $17.00 9021 SPT Drilling, 50' - 100' Depth per foot $20.00 9022 SPT Drilling, 100' to 150' Depth per foot $23.00 9025 CPT Drilling per linear foot $17.00 9027 Steel Casing, 4" dia.per foot $14.00 9030 Additional Split Spoon Samples each $23.00 9031 Additional Shelby Tube Samples each $90.00 9032 Bulk Sample, Auger Cuttings per sample $39.00 9037 Auger Boring per hour $80.00 9040 Rock Coring Setup each $87.00 9041 Rock Coring per foot $33.00 9050 Pressuremeter Surcharge, w/Auger each $196.00 9051 Pressuremeter Surcharge, w/Rotary per test $87.00 9055 Inclinometer Setup each $244.00 9056 Inclinometer Surcharge per foot $25.00 9057 Pressuremeter Tests, Standard Pressure per test $346.00 9058 Pressuremeter Mobilization per mobilization $380.00 9059 Monitoring Well Installation (2.0" Slotted)per foot $16.00 9063 Monitoring Well Protective Cover each $161.00 9064 Well Protector Pipe w/Flush Cap each $244.00 9065 Grout Seal Boreholes per foot $12.00 9100 Mobilization of Environmental Drill Rig per mobilization $483.00 9111 Backhoe Technician per hour $80.00 9130 Geo. Piezometer, Setup each $87.00 9135 Geo. Piezometer, 1.25" dia. PVC per foot $15.00 9136 Geo. Piezometer, 2" dia. PVC per foot $16.00 9155 Direct Push Drill Rig each $2,467.00 9160 Decontamination of Drilling Equipment per hour $153.00 689 9170 55-Gallon Drums for Spoils and Development Watereach $73.00 9180 Site Clean Up and Restoration per hour $153.00 9190 Well Development per hour $153.00 9205 Partial Clearing for Rig Access per hour $210.00 Environmental Analyses 2015 Endangered Species Database Search lump sum $201.00 3212 TPH (EPA 418.1), Soil/Water each $107.00 3213 Pesticides/PCB's, Soil each $161.00 3214 Pesticides/PCB's, Water each $260.00 3215 BTEX (EPA 602/8020)/Soil each $229.00 3216 BTEX (EPA 602/8020), Water each $157.00 3217 BTEX/MBTE/Naphthalene, Soil each $240.00 3218 BTEX/MTBE/Naphthalene, Water each $169.00 3219 PCB's (EPA 608/8080), Soil each $136.00 3220 PCB's (EPA 608/8080), Water each $136.00 3221 PCB's (EPA 608/8080), Wipe each $169.00 3222 TCLP RCRA-8 Metals, Soil/H20 each $464.00 3225 Moisture, Percent (EPA 160.3), Soil/H20 each $46.00 3226 RCRA Characteristics, Soil/H2O each $251.00 3247 TPH - Luft (FL-PRO)each $107.00 3292 Air-O-Cell Analysis (standard turn around)each $66.00 3293 Air-O-Cell Analysis (24 hr. rush)each $128.00 9600 Phase I ESA lump sum $2,741.00 9601 Phase I ESA - Report Photocopies each $73.00 9602 Phase I ESA - Report Copies (Color)each $140.00 9603 Phase I ESA - Land Title / Judicial Record / Lien Searcheach $244.00 9604 Phase I ESA - Regulatory File Review @ Local/Regional Officelump sum $483.00 9605 Phase I ESA - Regulatory File Review @ State Officelump sum $688.00 Semi Vols. 3227 Lead in Paint (200.7/6010)each $76.00 3228 Lead (200.7/6010-ICP), Soil/H2O each $66.00 3236 Bulk/Surface Analyisis (standard turn around)each $66.00 690 3237 Bulk/Surface Analysis (24 hr. rush)each $128.00 691 Task #Task Description Position Code Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Task 1 Phase I, II, and Dewatering Senior Principal 1027 250 20 5000 38,550$ Senior Project Manager 1210 165 30 4950 Project Engineer 1300 110 50 5500 Assistant Project Manager 1525 95 65 6175 lab fees - soil and GW sampling 7150 1 7150 Drilling Fees 9775 1 9775 Task 2 Natural Resources Assessments Senior Project Manager 1210 165 60 9900 32,615$ Project Manager 1310 105 60 6300 Staff Environmental Scientist 1535 85 60 5100 Senior Principal 1027 250 14 3500 Draftsman (GIS)1900 95 39 3705 Reimburseable - office expenses 500 Reimburseable - GIS equipment 1000 Reimburseable - hotel 1500 Reimburseable - travel 1110 Task 3 Fed Permitting Senior Project Manager 1210 165 40 6600 13,800$ Project Manager 1310 105 40 4200 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 5 1250 Reimburseables - hotel 400 Reimburseables - travel 500 Task 4 State Permitting Senior Project Manager 1210 165 30 4950 11,350$ Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables - hotel 400 Reimburseables - travel 500 Task 5 Local Permitting Senior Project Manager 1210 165 30 4950 11,350$ Project Manager 1310 105 30 3150 Staff Environmental Scientist 1535 85 10 850 Senior Principal 1027 250 6 1500 Reimburseables - hotel 400 Reimburseables - travel 500 Total 107,665$ 692 ECS Florida, LLC Proposal for Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Pal Beach County, Florida 33435 ECS Proposal Number 25:9388-GP February 6, 2026 Revised: February 24, 2026 693 February 6, 2026 Revised: February 24, 2026 Mr. Michael Cartossa Keith Engineering 301 E Atlantic Blvd Pompano Beach, FL 33060 Reference: Proposal for a Subsurface Exploration and Geotechnical Engineering Services Boynton Beach - Heart of Boynton Flood Improvement NW 8th Ave and NW 2nd St Surrounding Areas Boynton Beach, Palm Beach County, Florida 33435 ECS Proposal Number 25:9388-GP Dear Mr. Cartossa, ECS Florida, LLC (ECS) is pleased and would like to thank you for the opportunity to submit this proposal to provide subsurface exploration and geotechnical engineering services for the above-referenced project. This proposal contains our project understanding, proposed scope of services, fee estimate, schedule of work, and authorization requirements. This proposal has been revised to reflect the change in cost rates as discussed with the client. Thank you for the opportunity to submit this proposal to provide services and serve as your consultant. We look forward to the opportunity to work with you on this project and to hopefully serve as your consultant in the future. If you have any questions, or if we can be of any additional service, please contact us at (561) 840.3667. Respectfully submitted, ECS FLORIDA, LLC F. Logan Loeloff, P.E. Gustavo Langoni, P.E. Geotechnical Department Manager Geotechnical Department Manager Florida Registration No. 102087 Florida Registration No. 72327 lloeloff@ecslimited.com GLangoniBayard@ecslimited.com 694 ECS Proposal # 25:9388-GP Page | 1 ECS Florida, LLC February 24, 2026 PROJECT DESCRIPTION Based on information provided by the Client, the proposed project involves geotechnical exploration services in support of a flood-improvement initiative for the City of Boynton Beach, Florida. The project is anticipated to include the installation of new stormwater pipelines along multiple residential roadways to reduce existing flooding hazards. The streets currently identified for proposed stormwater improvements include:  NW 1st Street  NW 9th Avenue  NW 8th Avenue  NW 4th Street  NW 9th Court  NW 2nd Street  NW 3rd Court  NE 1st Street  NE 2nd Street  NE 2nd Court  NE 3rd Street  NE 9th Avenue  N Railroad Avenue In addition to the stormwater pipeline installation, the project includes the construction of an underground stormwater storage system/dry retention area within Sara Sims Park. We have received a scope of work request from Keith Engineering showing test locations. Most of the test locations are within residential roads that will require a roadside permit and maintenance of traffic (MOT). MOT is anticipated to require flaggers as the drilling operations would obstruct a lane of traffic on two- lane roadways. SCOPE OF SERVICES Our services will include applying for roadside permits, performing maintenance of traffic, drilling of soil test borings by a subcontracted drill crew, utilizing an automatic hammer in accordance with City of Boynton Beach protocols, performing exfiltration tests and double ring infiltrometer testing, various engineering analyses, and preparation of an engineering report. Based on the information provided by your group, we will perform a total of twenty-seven (27) Standard Penetration Test (SPT) borings advanced to depths of approximately 20 feet below ground surface (bgs). We will additionally perform fifteen (15) exfiltration tests to a depth of 10 feet bgs and three (3) double-ring infiltrometer tests. Based on our review of required boring and exfiltration test locations, we will require a Right of Way (ROW) permit from the City of Boynton Beach. In addition, the work will require site restoration, providing traffic barricades/signs, and ECS personnel on-site, typically as a precondition for granting of permits. These items will be billed on a unit rate basis. We are providing not-to-exceed budgets for these tasks. Access and Permitting Prior to providing our Field Exploration services, ECS will apply for a Right of Way (ROW) Permit from Palm Beach County to have access to perform drilling at the test locations. We will provide a Maintenance of 695 ECS Proposal # 25:9388-GP Page | 2 ECS Florida, LLC February 24, 2026 Traffic (MOT) plan as part of the ROW permit application. An allowance budget has been provided assuming one application and one set of revisions.   Field Exploration and Engineering Report This task assumes that we will perform the field exploration continuously and in one mobilization. We assume Keith will provide private utility location (PUL) at each test location so as to ensure our work is performed expeditiously and without interruptions. For this task ECS will perform the following activities: a. Procure a Sunshine State One Call utility ticket and coordinate response with utility companies to close out the ticket. b. Field locate borings by use of a Global Positioning System (GPS) device based upon field datum points and available plans. Elevations interpolated from civil drawings and/or referenced from published topographical maps. c. Mobilize ECS personnel to the site. d. Perform 27 Pavement Cores at the SPT boring locations and measure the extent of the surface and base layers of the existing pavements. e. Perform 27 SPT borings (B-01 through B-27) to a depth of 20 feet bgs within the proposed pipeline installation and Sara Sims Park locations. f. Perform 15 exfiltration tests (EXF-01 through EXF-15) to a depth of 10 feet bgs. g. Perform three (3) double-ring infiltrometer tests within the test locations (DRI-01 through DRI- 03). h. Measure the depth of groundwater within each boring at the time of drilling. i. Backfill the borings upon completion with soil cuttings and patch the surface with cold patch asphalt. Upon completion of drilling operations, the samples will be returned to our laboratory in West Palm Beach, Florida. We will prepare a written engineering report that presents our findings and recommendations. The engineering report will include the following items: a. Observations from our site reconnaissance, including current site conditions, surface drainage features, and surface topographic conditions. b. A review of the published geologic conditions and their relevance to your planned development. c. A subsurface characterization and a description of the field exploration and laboratory tests performed. Groundwater concerns relative to the planned construction, if any, will be summarized. d. Logs of the soil borings and records of the field exploration prepared in accordance with the standard practice for geotechnical engineering. A location plan will be included, and the results of the laboratory tests will be plotted on the logs or included on a separate test report sheet if applicable. e. An engineering analysis and evaluation of the site and subsurface conditions with respect to the planned stormwater pipeline installation and any adverse impact these conditions may impose on the proposed construction. f. Soil properties for underground stormwater storage/dry retention area. g. Existing pavement sections. h. Recommendations for site preparation, fill placement, and subgrade preparation. 696 ECS Proposal # 25:9388-GP Page | 3 ECS Florida, LLC February 24, 2026 i. Recommendations for additional testing and/or consultation that might be required to complete the final geotechnical assessment and related engineering for this project. Maintenance of Traffic ECS will provide maintenance of traffic, including signage and a flagger. ECS will additionally provide engineering inspection and oversight, as typically requested as a condition of permit approval. We have estimated a budget based on 11 days of roadside work. Additional hours onsite will be billed at the following rates in our Fee Estimate section. ECS Advantages In addition to the standard services many local geotechnical engineering firms provide, ECS has distinguished itself on multiple disciplines to allow us to “Set the Standard of Service” for you, our clients. Most notably:  Experience. ECS has established an extensive subsurface database for local geologies, allowing us to economically price subsurface explorations and offer appropriate techniques initially, not after the first phase of testing is complete.  Technology. ECS utilizes Global Positioning System (GPS) services to locate borings in the field. This technology allows us to control the responsiveness of our subsurface exploration and ultimately our report deadlines, versus relying on other firms to locate borings.  Expertise. ECS has in-house geotechnical and geophysical testing. These services include vibration monitoring, pile driving analyzer (PDA) testing, pressuremeter testing, site classification for seismic design, seismic refraction (rock surface studies), ground penetrating radar (GPR), and electrical resistivity imaging (ERI) services. FEE ESTIMATE ECS will provide our services outlined in this proposal on a time and materials basis, utilizing the following not to exceed budget estimates.   Access and Permitting $ 3,200.00 (allowance, T&M)    Field Exploration and Engineering Report $29,140.00 (lump sum) Maintenance of Traffic $17,080.00 (allowance, T&M) A breakdown of these estimates is provided in the following table. 697 ECS Proposal # 25:9388-GP Page | 4 ECS Florida, LLC February 24, 2026 Task Description Position Hourly Rate/Unit Cost Hours/Unit Cost Total Task Cost Access and Permitting Project Engineer 110 20 2200 $3,200.00 MOT plans 500 1 500 Permitting Fees 500 1 500 Field Exploration and Engineering Report Principal Engineer 250 10 2500 $29,140.00 Project Engineer 110 24 2640 Lab Fees -Soil Classification 1000 1 1000 Drilling Fees 23000 1 23000 Maintenance of Traffic (MOT) Asst. Project Manager 95 88 8360 $17,080.00 Flagger 65 88 5720 MOT Field Equipment Fees 3000 1 3000 TOTAL COST $49,420.00 For time budget purposes and based on your project deadline, the geotechnical study should take about five (5) to six (6) weeks from the time ROW permits are granted. Permitting times typically range between two (2) and four (4) weeks, depending on the regulating agencies. ECS cannot guarantee permit approvals. Utility Clearance and Site Restoration We will contact Sunshine State One Call to locate underground utilities; however, Keith will provide private utility location (PUL) at each test point. ECS will coordinate with the PUL team from Kieth Engineering prior to drilling each test point. AUTHORIZATION If the above scope of work is acceptable to you, please sign the Proposal Acceptance Form and return one copy of the proposal acceptance form to us. This proposal is valid for a period of sixty days beyond that date it may be necessary to revise our schedule or fee. Our “Terms and Conditions of Service,” which are included as an attachment to this letter, is an integral part of our proposal.  These conditions represent the current recommendations of the ASFE Professional Firms Practicing in the GeoSciences, the Consulting Engineers' Council, and the Geo-Institute of the American Society of Civil Engineers.  Using the Proposal Acceptance Form will provide formal authorization for us to perform the above work, enter the site, and provide proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. Please note that we have provided a place to provide invoicing instructions and report distribution. In today’s times with improved technology, and to provide you with the fastest response, we can provide the reports by e-mail. If this is acceptable, then list those to whom the reports should be sent and provide their e-mail addresses, if appropriate, on the Proposal Acceptance Form. 698 699 City of Boynton Beach Engineering Services – San Castle Heart of Boynton Public Outreach Scope of Services TMS will provide public outreach services for both the design and construction phases of the Heart of Boynton project, which are described in detail in our Estimates of Hours for each phase, as follows: •Develop and maintain a resident and stakeholder database •Develop 1 (one) Informational Mailer and provide QAQC •Set up and maintain a project hotline which will be monitored for the life of the project with monthly reports •Develop an ADA compliant, SSL Certified project webpage with Google translate and QAQC included which will be maintained for the life of the project •Assist with logistics, development of notices,, sign in sheets and comment cards, assistance with setup/take down, attendance and meeting notes for up to 3 (three) public outreach meetings throughout life of the project •Meetings and/or Communication with project team and stakeholders throughout the life of the project The attached Estimates of Hours provide detailed information for each task and/or deliverable as well as anticipated expenses such as printing and postage. It should be noted that TMS only bills for actual work performed. Additionally, we do not upcharge vendor fees and will only ask for reimbursement of the actual expense. All expense estimates will require approval by client prior to proceeding. TMS Rates: Sharon J. Merchant, QAQC $200.00/hour Cheryl Scott, PI Manager $150.00/hour Cheryl Klimek/PI Specialist $125.00/hour 700 Task No.TOTAL COST Details 1.00 Database Creation 1.1 1,100.00$ TMS will develop a stakeholder database that includes all residential and commercial properties, schools, hospitals, and places of worship within 500 feet of the project site using Palm Beach County Property Appraiser's Office, Google Earth and Google Maps. Additional stakeholders include, Homeowners, Property, Condo, and Neighborhood Associations, elected officials, schools, places of worship, and other interested parties. Task includes QAQC by supervisor. 2.00 2.1 600.00$ TMS will draft and edit 1 (one) Informational Mailer which will be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (one) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. 3.00 3.1 $425.00 TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). Calls that come in before/after hours will be responded to the next business day. ONE-TIME FEE 3.2 900.00$ TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). 3.3 900.00$ TMS will provide client with monthly summary report of hotline communication. 4.00 4.1 $4,000.00 TMS will develop a project webpage which can be hyperlinked to the City's webpage. Webpage will provide project information, location, schedule, important dates, documents, FAQ, and a contact us feature. ONE-TIME FEE includes: Development of webpage; SSL certification for project duration; webpage hosting for project duration; Google translate; ADA compliance; and QAQC by supervisor with up to 2 (two) rounds of edits. 4.2 1,100.00$ TMS will update and maintain the webpage. Task includes QAQC by supervisor. 5.00 5.1 300.00$ TMS will handle logistics for 2 (Two) public outreach meetings TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. 5.2 1,400.00$ TMS will draft and edit 2 (Two) public outreach meeting notices to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (One) round of edits. Cost of printing, postage, and/or door hanger bags will be actual and separate. 5.3 1,200.00$ TMS will provide one (1) staff member to attend 2 (Two) public outreach meetings. TMS will provide sign in sheets, take notes and provide summary to client. 6.00 6.1 1,700.00$ TMS will attend the Kickoff Meeting, meet with the Project Team, and/or communicate with the Project Team as needed. 6.2 1,400.00$ TMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. 15,025.00$ 7.00 7.1 9,253.00$ Estimate for printing/postage for 1 (one) mailer and 2 (two) notices. **NOTE** THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF BOYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas.*** This cost will be billed separately, at actual cost. We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. 9,253.00$ 24,278.00$ TOTAL ESTIMATED EXPENSES TOTAL PI TASKS/DELIVERABLES AND ESTIMATED EXPENSES Attend 2 (Two) Public Outreach Meeting Total PI Tasks/Deliverables Printing/Postage estimate 1 (one) mailer and 2 (two) notices Estimated Expenses Meetings/Communication with Project Team and/or Stakeholders Kickoff Meeting, Project Team Meetings, and/or Communication with Project Team Meetings and/or Communication with Stakeholders Develop Notification for 2 (Two) Public Outreach Meetings Create and Edit Informational Mailer Public Outreach Meetings (2 (two) Meetings) Project Hotline Project Webpage Develop an Interactive Project Webpage Update and Maintain Webpage Set up a Project Hotline Staff Hotline Monthly Reports ESTIMATE OF WORK EFFORT FOR Keith - Heart of Boynton Estimated Project Duration - Design Phase - 12 Months Task Resident and Stakeholder Database Collateral Materials (1 (One) Mailer) Logistics for 2 (Two) Public Outreach Meetings Estimate of Staff Hours for Keith Heart of Boynton - Design Phase Page 1 of 1 1/15/2026 9:51 AM 701 Task No.TOTAL COST 1.00 Update and Maintain Database 1.1 300.00$ TMS will update and maintain the stakeholder database developed in the Design Phase for the duration of the Construction Phase. Task includes QAQC by supervisor. 2.00 2.1 1,350.00$ TMS will staff the hotline as first point of contact for the client during working hours (Monday thru Friday 9 am - 5 pm). 2.2 1,350.00$ TMS will provide client with monthly summary report of hotline communication. 3.00 3.1 2,000.00$ TMS will update and maintain the webpage. Task includes QAQC by supervisor. 4.00 4.1 150.00$ TMS will handle logistics for 1 (one) public outreach meeting. TMS will locate a venue and secure AV Equipment if needed. Cost of venue and any refreshments will be actual and additional. 4.2 2,600.00$ TMS will draft and edit 1 (one) meeting notice to be delivered via US Mail to all stakeholders identified in the database. Task includes QAQC by supervisor and up to 1 (one) round of edits. Cost of printing, and postagewill be actual and separate. 4.3 1,200.00$ TMS will provide one (1) staff member to attend 1 (one) public outreach meeting. TMS will provide sign in sheets, take notes and provide summary to client. 5.00 5.1 2,300.00$ TMS will meet with the Project Team and/or communicate with the Project Team as needed. 5.2 1,400.00$ TMS will meet with and/or communicate with stakeholders as needed. This includes assistance with easements if needed. 12,650.00$ 6.00 6.1 3,084.34$ Estimate for printing/postage for 1 (one) notice. This cost will be billed separately, at actual cost. **NOTE** THIS ESTIMATE IS BASED ON MAILINGS BEING REQUIRED TO ALL OF HEART OF BOYNTON. Once we have confirmed work sites we can narrow down the stakeholders to the specific work areas.*** This cost will be billed separately, at actual cost. We only request reimbursement for ACTUAL EXPENSES and do not mark up printing or postage. 3,084.34$ 15,734.34$ ESTIMATE OF WORK EFFORT FOR Keith - Heart of Boynton Estimated Project Duration - Construction Phase - 18 Months Task Update and Maintain Database Logistics for 1 (One) Public Outreach Meeting Develop Notification for 1 (one) Public Outreach Meeting Public Outreach Meeting (1 (one) Meeting) Project Hotline Project Webpage Update and Maintain Webpage Staff Hotline Monthly Reports TOTAL ESTIMATED EXPENSES TOTAL PI TASKS/DELIVERABLES AND ESTIMATED EXPENSES Attend 1 (One) Public Outreach Meeting Total PI Tasks/Deliverables Printing/Postage estimate for 1 (one) Notice Estimated Expenses Meetings/Communication with Project Team and/or Stakeholders Project Team Meetings, and/or Communication with Project Team Meetings and/or Communication with Stakeholders Estimate of Staff Hours for Keith Heart of Boynton - Construction Phase Page 1 of 1 1/15/2026 9:51 AM 702 450 S Orange Ave, 3rd Floor Orlando, Florida 32801 TBG Consulting LLC | 450 S Orange Ave 3rd Floor, Orlando Florida 32801 | (407) 683-2612 | www.tbgconsulting.com Proposal #: 2026 – 1 - KEITH 22 January 2026 Client: KEITH Project: Heart of Boynton Beach Attention: Michael Cartossa, PE Mr. Cartossa, We are pleased to provide a proposal for developing the Opinion of Probable Construction Costs & Opinion of Probable Construction Schedule for the Heart of Boynton Beach project. The following effort is anticipated: · 30% Design: o OPCC o Construction Schedule · 60% Design: o OPCC o Construction Schedule · 90% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance · 100% Design: o OPCC o Construction Schedule o FEMA Cost Benefit Analysis Assistance The total estimated effort is (246) hours for a Senior Cost Estimator/Scheduler and (44) hours for a Cost Estimator. The total proposed fee is $53,340.00. Please see attached fee worksheet for more information. Thank you for the opportunity and we look forward to working together! Best Regards, Zachariah S. Buchanan, Principal 703 450 S Orange Ave, 3rd Floor Orlando, Florida 32801 Client KEITH Project Heart of Boynton Beach Proposal #2026-1-KEITH Hours Hours Sr Cost Estimator: Cost Estimator: 30% Design: OPCC 46 16 Construction Schedule 12 60% Design: OPCC 60 16 Construction Schedule 16 90% Design: OPCC 32 8 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 100% Design: OPCC 16 4 Construction Schedule 8 FEMA Cost Benefit Analysis Assistance 24 Total Hours: 246 44 Senior Cost Estimator/Scheduler Rate per Hour: 190.00$ Cost Estimator Rate per Hour:$150.00 Proposal Total:$46,740.00 $6,600.00 Total Fee: $53,340.00 Notes: - Proposal includes allowance for attending meetings & coordination on an as-needed basis - Travel costs, if required, to be submitted for reimbursement - Proposal assumes that a reasonable time is allotted for the cost estimating effort prior to each submittal Task TBG Consulting LLC | 450 S Orange Ave 3rd Floor, Orlando, Florida 32801 | (407) 683-2612 | www.tbgconsulting.com 704 705 706 707 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, 708 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 30.00 709 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. 21.60 710 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 711 Rank Vendor Score out of 125.00 1 Keith and Associates 110.70 2 Craig A. Smith & Associates 93.05 3 Civil Works, Inc. 89.45 712 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 713 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 714 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 .................................................................................... 12 715 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 ................................................................................................... 25 716 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 .......................................................................................... 34 717 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 ............................................................................................... 42 718 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) 719 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 720 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 721 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 722 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. 723 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 724 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 725 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. 726 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. 727 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) 728 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. 729 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. 730 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 731 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 732 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 733 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. 734 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. 735 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. 736 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 737 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. 738 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 739 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. 740 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 741 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% 742 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. 743 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 744 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 745 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. 746 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 747 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, 748 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 749 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 750 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 751 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. 752 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. 753 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. 754 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 755 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 756 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 757 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: 758 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. 759 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 760 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. 761 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. 762 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 763 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; 764 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: 765 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. 766 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; 767 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. 768 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 769 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 770 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, 771 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 772 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. 773 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: 774 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). 775 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); 776 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. 777 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. 778 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. 779 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. 780 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. 781 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: 782 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. 783 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: 784 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; 785 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. 786 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. 787 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. 788 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 789 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 790 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 791 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. 792 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. 793 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 794 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 795 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, 796 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 797 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. 798 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. 799 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. 800 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. 801 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. 802 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. 803 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. 804 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. 805 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. 806 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 807 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; 808 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 809 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. 810 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. 811 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. 812 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. 813 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: 814 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 815 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. 816 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: 817 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; 818 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). 819 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. 820 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. 821 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 822 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 823 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. 824 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. 825 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. 826 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. 827 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. 828 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. 829 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; 830 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. 831 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 832 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. 833 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; 834 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 835 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 836 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. 837 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. 838 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. 839 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 840 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. 841 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 842 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: 843 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. 844 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. 845 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. 846 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 847 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; 848 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 849 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. 850 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. 851 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. 852 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. 853 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. 854 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. 855 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. 856 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. 857 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: 858 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. 859 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. 860 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. 861 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; 862 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. 863 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. 864 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. 865 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. 866 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; 867 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. 868 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 869 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. 870 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. 871 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. 872 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. 873 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. 874 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: 875 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: 876 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. 877 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. 878 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 879 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); 880 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. 881 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. 882 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). 883 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. 884 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 885 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. 886 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: 887 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). 888 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: 889 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: 890 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. 891 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 892 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. 893 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 894 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. 895 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 896 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: 897 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. 898 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. 899 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 900 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: 901 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: 902 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. 903 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. 904 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. 905 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 906 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. 907 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 908 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. 909 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. 910 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. 911 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 912 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. 913 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. 914 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. 915 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 916 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 917 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. 918 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. 919 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. 920 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 921 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: 922 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 923 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. 924 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. 925 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 926 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. 927 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. 928 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] 929 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 930 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. 931 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. 932 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 933 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 934 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 935 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. 936 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 937 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. 938 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 939 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 940 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.) 941 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 942 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 943 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 944 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 945 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. 946 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] 947 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. 948 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. 949 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: 950 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] 951 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 952 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) 953 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 954 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) 955 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. 956 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 957 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. 958 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: 959 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 960 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 961 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 962 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. 963 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. 964 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; 965 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 966 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 967 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. 968 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. 969 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 970 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. 971 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. 972 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 973 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, 974 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. 975 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 976 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. 977 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. 978 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. § 979 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. 980 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. 981 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 982 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. 983 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 984 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 272 EXHIBIT A FEE SCHEDULE 985 RFQ 25-045Q - NW 3RD STREET – SFWMD C-16, FLOOD RISK REDUCTION (GRANT FUNDED) 273 EXHIBIT B INSURANCE ADVISORY 986 ATTACHMENTS 987 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 988 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 989 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 990 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.) 991 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 992 02/26/2026 Brown & Brown Insurance Services, Inc. 1201 W Cypress Creek Rd Suite 130 Fort Lauderdale FL 33309 (954) 776-2222 (954) 776-4446 053.certs@bbrown.com KEITH & Associates, Inc. dba KEITH 301 East Atlantic Blvd. Pompano Beach FL 33060 The Charter Oak Fire Insurance Company 25615 St. Paul Protective Insurance Company 19224 Travelers Property Casualty Company of America 25674 Travelers Casualty and Surety Company 19038 Lexington Insurance Company 19437 26-27 GL/BA/WC/Umb/Prof A Y P660A6411735COF26 02/19/2026 02/19/2027 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Deductible 0.00 B Y 810A64129892643G 02/19/2026 02/19/2027 1,000,000 Deductible 0.00 C 10,000 Y CUPA643643A2643 02/19/2026 02/19/2027 5,000,000 5,000,000 Retention 10,000 D N Y UBA64351312643G 02/19/2026 02/19/2027 1,000,000 1,000,000 1,000,000 E Professional Liability/Pollution 015136483 02/19/2026 02/19/2027 Per Claim $2,000,000 Aggregate $6,000,000 Deductible $50,000 Re: City of Boynton Beach Contract No. 25-045Q. Contract Description: Engineering Design Services – NW 3rd Street – SFWMD C-16 (Heart of Boynton), Flood Rish Reduction (Grant Funded). City of Boynton Beach, a political subdivision of the State of Florida, its officials, employees, and volunteers its commissioners, officers, and agents are additional insured with respects to General Liability and Auto Liability if required by written contract. Primary and Non Contributory applies to General Liability and Auto Liability if required by written contract. Waiver of Subrogation in favor of additional insured with respects to Workers Compensation as required by written contract. Umbrella is follow form. 30 day notice of cancellation except 10 days for non-payment of premium. City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach FL 33435 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 993 KEITH & Associates, Inc. dba KEITHBrown & Brown Insurance Services, Inc. 25 Certificate of Liability Insurance: Notes CYBER LIABILITY Carrier: Arch Specialty Insurance Company NAIC #21199 Policy #C4LPX232023CYBER2026 Effective Date: 02/19/2026 – 02/19/2027 Limit: $1,000,000 / Retention: $5,000 EMPLOYMENT PRACTICES LIABILITY Carrier: Westchester Fire Insurance Company NAIC #20281 Policy #: G4961228A001 Effective Date: 02/19/2026 – 02/19/2027 Limit: $2,000,000 EPLI / Retention: $25,000 FOREIGN LIABILITY Carrier: The Continental Insurance Company NAIC #35289 Policy #: PST734913788 Effective Date: 02/19/2026 – 02/19/2027 Liability Limit $1,000,000 Deductible $0.00 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Resolution No. R26-060- Approve Task Order No. 2 with Jacobs Engineering Group, Inc., in an amount not to exceed $4,601,651 for Phase I, for intermediate design of West Water Treatment Plant upgrade and associated sub tasks based on the condition assessment and evaluation of treatment options to replace equipment, processes, and structures at end of life and to also meet upcoming drinking water regulations for emerging contaminants. Requested Action: Staff recommends approval of Proposed Resolution No. R26-060 Explanation of Request: The City received a Florida Department of Environmental Protection State Revolving Fund (FDEP SRF) loan with principal forgiveness for $5,400,000 for East and West Water Treatment Plant upgrades and treatment options evaluation, planning, and design for emerging contaminant removal. The SRF funding will be reimbursed to the City and the Utility CIP budget. Jacobs Engineering Group Inc. was selected and contracted for the initial task approved by the Commission on January 21, 2025, for conducting a study, preparing a report, and performing engineering services to evaluate the ability of the existing treatment processes at the East Water Treatment Plant to meet the proposed emerging contaminants regulations and evaluate alternatives. This study and facilities plan also evaluated options for treatment at the West Water Treatment Plant and any upgrades needed to the treatment process, electrical system, instrumentation, and control components to automate the treatment process and meet regulations for emerging contaminants or other identified future regulations for potable water. Jacobs Engineering Inc. completed the above task for $770,000 and developed recommendations for both East and West Treatment Plants to meet the regulatory requirements and address the next steps to address source water options and design, hydrogeology assessment, preliminary and intermediate design of the West Water Treatment Plant, consumptive use permit coordination, and associated studies and subtasks. These tasks will be completed using the remaining funds from the FDEP SRF, $4,601,651. In accordance with section 287.055(5), Florida Statutes, the City of Boynton Beach believes that the price proposal is deemed fair, competitive, and reasonable. Subsequent tasks and subtasks for the consultant will require additional funding to complete detailed design of the West Water Treatment Plant upgrades, plan for the East Water Treatment Plant upgrade, and perform conceptual and detailed design, a pilot study, and other associated subtasks, including permitting coordination, bidding, and construction 1015 management. Staff plans to apply for the additional funding from the FDEP SRF program to complete these tasks to help offset the cost. The Utility is working on a financial plan for the construction of the two water treatment plants. How will this affect city programs or services? This will allow the City to complete design and subsequent construction of both upgraded water treatment plants that meet current and future regulatory requirements and provide adequate source water supply to meet future potable water demands based on population projections Budgeted Item: Yes Account Line Item and Description: Utility CIP Account 403-5025-533-65.02 Fiscal Impact: This part of the project has adequate budgets, future tasks will be funded from either grant or loans or Utility reserves. Attachments: Agenda Item 4408-2026 Jacobs Engineering Task Order No. 2.docx Exhibit A to Resolution - Task Order No. 2 signed.pdf R25-027-signed contract.pdf R25-028-budget amendment-SRF Loan.pdf Loan Agmt - DW501300.pdf Loan Agmt Amd #1 Fully Executed.pdf 1016 RESOLUTION NO. R26- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING TASK ORDER NO. 2 WITH JACOBS 2 ENGINEERING GROUP, INC., FOR PRELIMINARY DESIGN OF THE WEST 3 WATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED 4 $4,601,651; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, as a result of Request for Qualifications (“RFQ”) No. UTL24-031, the City 7 selected Jacobs Engineering Group, Inc. (“Consultant”) and entered into an Agreement for the East 8 and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for 9 Emerging Contaminants Removal, Engineering Services that is Grant and Loan Funded, approved 10 by Resolution No. R25-027 on January 21, 2025; and 11 WHEREAS, the City received a Florida Department of Environmental Protection State 12 Revolving Fund (“FDEP SRF”) loan with principal forgiveness for $5,400,000 for East and West 13 Water Treatment Plant upgrades and treatment options evaluation, planning, and design for 14 emerging contaminant removal. The SRF funding will be reimbursed to the City and the Utility CIP 15 budget; and 16 WHEREAS, the Consultant conducted a study, prepared a report, and performed 17 engineering services to evaluate the ability of the existing treatment processes at the East Water 18 Treatment Plant to meet the proposed emerging contaminants regulations and evaluate 19 alternatives. This study and facilities plan also evaluated options for treatment at the West Water 20 Treatment Plant and any upgrades needed to the treatment process, electrical system, 21 instrumentation, and control components to automate the treatment process and meet 22 regulations for emerging contaminants or other identified future regulations for potable water. 23 WHEREAS, the Consultant completed the above task for $770,000 and developed 24 recommendations for both East and West Treatment Plants to meet the regulatory requirements 25 and address the next steps to address source water options and design, hydrogeology 26 assessment, preliminary and intermediate design of the West Water Treatment Plant, consumptive 27 use permit coordination, and associated studies and subtasks. These tasks will be completed 28 utilizing the funds remaining in the FDEP SRF funding of $4,601,651; and 29 30 1017 RESOLUTION NO. R26- WHEREAS, subsequent tasks and subtasks for the consultant will require additional 31 funding to complete detailed design of the West Water Treatment Plant upgrades, plan for East 32 Water Treatment Plant upgrade planning, conceptual and detailed design, pilot study, and other 33 associated subtasks, including permitting coordination, bidding, and construction management 34 tasks. Staff plans to apply for additional funding from the FDEP SRF program to complete these 35 tasks to help offset the cost. The Utility is working on a financial plan for the construction of the 36 two water treatment plants; and 37 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 38 best interests of the City’s citizens and residents to approve Task Order No. 2 with Jacobs 39 Engineering Group, Inc., for preliminary design of the west water treatment plant in an amount 40 not to exceed $4,601,651. 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 approve Task Order No. 2 with Jacobs Engineering Group, Inc., for preliminary design of the west 48 water treatment plant in an amount not to exceed $4,601,651 (the “Task Order”), in form and 49 substance similar to that attached as Exhibit A. 50 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 51 authorizes the Mayor to execute the Task Order. The Mayor is further authorized to execute any 52 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 53 SECTION 4. The City Clerk shall retain the fully executed Task Order as a public record 54 of the City. A copy of the fully executed Task Order shall be provided to Poonam Kalkat to forward 55 to the Consultant. 56 SECTION 5. This Resolution shall take effect in accordance with the law. 57 58 1018 RESOLUTION NO. R26- PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice-Mayor – Thomas Turkin _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Mack McCray _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Tammy Stanzione, CMC Rebecca Shelton 76 Interim City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 1019 1020 CONSULT ANT: By:__ �_r2-_ Print Name: Godofredo Canino Date: March 18, 2026 CITY OF BOYNTON BEACH By: ___________ _ Rebecca Shelton, Mayor Date: __________ , 20_ Attest: ___________ _ City Clerk City Attorney's Office Approved as to form and legality By: ______ _ 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1 RESOLUTION NO. R25-027 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATIONS NO. 5 UTL24-031 FOR EAST AND WEST WATER PLANT UPGRADES AND 6 TREATMENT OPTIONS EVALUATION, PLANNING, AND DESIGN FOR 7 EMERGING CONTAMINANTS REMOVAL— ENGINEERING SERVICES TO 8 JACOBS ENGINEERING GROUP INC., AND APPROVING AN 9 AGREEMENT BETWEEN THE CITY AND JACOBS ENGINEERING GROUP 10 INC. IN THE AMOUNT NOT TO EXCEED $5,400,000; AND FOR ALL 11 OTHER PURPOSES. 12 13 WHEREAS, the City received a Florida Department of Environmental Protection State 14 Revolving Fund (FDEP SRF) loan with principal forgiveness for $5,167,179 for East and West Water 15 Treatment Plant upgrades and treatment options evaluation, planning, and design for emerging 16 contaminant removal; and 17 WHEREAS, on July 3, 2024, Request for Qualifications ("RFQ") No. UTL24-031 for East and 18 West Water Treatment Plant Upgrades and Treatment Options Evaluation, Planning and Design 19 for Emerging Contaminants Removal-Engineering Services was advertised to select a qualified 20 engineering firm to assist the East and West Water Treatment Plant upgrades and treatment 21 options evaluation, facilities plan for the State Revolving Fund (SRF) Drinking Water Program, 22 including design, bid document preparation, permitting, bidding assistance, and construction 23 management engineering services during construction projects at both plants; and 24 WHEREAS, the selection committee held a final meeting on October 28, 2024, to score 25 and rank the qualified firms. Jacobs Engineering Group Inc. ranked the highest. The Utilities 26 department completed negotiations with Jacobs Engineering Group Inc.for a contract agreement, 27 the initial scope of work, and associated costs. Work will include conducting a study, preparing a 28 report, and performing engineering services to evaluate the ability of the existing treatment 29 processes at the East Water Treatment Plant to meet the proposed Emerging Contaminants 30 regulations and consider alternatives. This study and facilities plan will also evaluate options for 31 the treatment at the West Water Treatment Plant and any upgrades needed to the treatment 32 process, electrical system, instrumentation, and control components for automation of the 33 treatment process to meet regulations for emerging contaminants or other identified future 1049 34 regulations for potable water; and 35 WHEREAS, the study and facilities plan will include short-term and long-term 36 recommendations at both the East and the West Treatment Plants to meet treatment 37 requirements for emerging contaminants and other known future regulations for potable water. 38 The plan will address source water options and the design and permitting of additional potential 39 future groundwater wells or alternative water sources to address emerging contaminants and 40 potential treatment for emerging contaminants at individual source water wells; and 41 WHEREAS, phasing of the treatment plant upgrades during construction shall minimize 42 disruption of operations and plant shutdowns; and 43 WHEREAS, upon completion of the study and facilities plan, the Consultant will design 44 and permit improvements identified in the alternative analysis study and provide construction 45 bidding and construction management services; and 46 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 47 best interests of the city's citizens and residents to award Request for Qualifications No. UTL24- 48 031 for East and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and 49 Design for Emerging Contaminants Removal — Engineering Services to Jacobs Engineering Group 50 Inc., and approve an Agreement between the City and Jacobs Engineering Group Inc. in the 51 amount not to exceed $5,400,000. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 54 BEACH, FLORIDA, THAT: 55 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 56 being true and correct and are hereby made a specific part of this Resolution upon adoption. 57 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 58 award RFQ No. UTL24-031 for East and West Water Plant Upgrades and Treatment Options 59 Evaluation, Planning, and Design for Emerging Contaminants Removal — Engineering Services to 60 Jacobs Engineering Group Inc. ("Vendor"). 61 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 62 approve an Agreement between the Vendor and the City for RFQ No. UTL24-031 for East and 1050 63 West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging 64 Contaminants Removal — Engineering Services in an amount not to exceed $5,400,000 (the 65 "Agreement"), in form and substance similar to that attached as Exhibit A. 66 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 67 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 68 ancillary documents required under the Agreement or necessary to accomplish the purposes of 69 the Agreement and this Resolution. 70 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 71 of the City. A copy of the fully executed Agreement shall be provided to Poonam Kalkat to forward 72 to the Vendor. 73 SECTION 6. This Resolution shall take effect in accordance with law. 74 SIGNATURES ON THE FOLLOWING PAGE] 75 1051 76 PASSED AND ADOPTED this c) day of coNtizn 2025. 77 CITY OF BOYNTON BEACH, FLORIDA 78 YEt -- NO 79 Mayor—Ty Penserga 80 81 Vice Mayor—Aimee Kelley 82 83 Commissioner—Angela Cruz 84 85 Commissioner—Woodrow L. Hay 86 87 Commissioner—Thomas Turkin 88 89 VOTE c-0 90 AT : 91 92 CP f Mr- _ ig/ z4) - 93 Maylee 0- -sus, MPA, M,/C Ty P-04rga 94 City Cler M. 'or 95 96 O'T0/y%.‘ APPROVED AS TO FORM: i 97 (Corporate Se- I O:GoVv"re••Fy ' 98 s!I SEAL =. \ 411,d(#4299iU: INCORPORATED' i 7 100 44 . 1920 Shawna G. Lamb 101 t% •'' FIOR,O :Q ', City Attorney 1052 EAST AND WEST WATER PLANT UPGRADES AND TREATMENT OPTIONS EVALUATION, PLANNING, AND DESIGN FOR EMERGING CONTAMINANTS REMOVAL— ENGINEERING SERVICES (GRANT/LOAN FUNDED) 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 Jacobs Engineering Group Inc., a Delaware corporation authorized to do business in the State of Florida, with a business address of 550 West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, hereinafter referred to as "VENDOR" each a "Party" and collectively the "Parties". In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a contract to perform Engineering Consultant Services, and WHEREAS, the CITY issued a Request for Qualification for East and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal — Engineering Services (Grant/Loan Funded), RFQ No. UTL24-031 ("RFQ"); and WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the scope of services set forth in the RFQ; and WHEREAS, the CITY Commission on csn c)-1 , 2025, determined that VENDOR was qualified for appointment to perform the scope of servicc, 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 VENDOR hereby agrees to perform all consulting and engineering services required for the East and West Water Plant Upgrades and Treatment Options Evaluation, Planning, and Design for Emerging Contaminants Removal — Engineering Services — (Grant/Loan Funded), including the facilities plan for State Revolving Fund (SRF) Drinking Water Program, design, bid document preparation, permitting, bidding assistance and construction administration for construction projects at both plants based on the recommended treatment option. The terms and conditions of RFQ No. UTL24-031 and the VENDOR's proposal are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, RFQ UTL24-031, and VENDOR's proposal, shall be resolved pursuant to the following order of precedence (1) this Agreement (2) RFQ No. UTL24-031; and (3) VENDOR's Proposal. 1.2 VENDOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all Services performed under this Agreement shall be done with the level and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locality ("Standard of Care"). IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. 1.3 VENDOR shall complete all work in accordance with the phases of services described below, as more specifically described in the RFQ. The work will be further defined in a Task Order issued for each phase. Each Task Order will include the specific scope, fees based on established hourly rates, a schedule, and deliverables in accordance with Section 1.11 below. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-1 1053 1.4 Phases of Professional Services The services provided under this Agreement("Professional Services" or"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) Phase (expected to complete within 9-12 months), attached to this agreement 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, 4 within 9 months) 5. Bidding and Negotiation Phase (expected to complete in 3-4 months) 6. Construction Administration and SCADA Implementation Phase (To be Determined) 7. Other requested services (To be Determined) 1.5 Pre-Design Analysis (or Planning/Study/Report) Phase 1.5.1 Scope. If the scope of Professional Services includes pre-design analysis or preparation of planning/study/report, the VENDOR 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 VENDOR's recommendations (the "Pre-Design Analysis"). The Pre-Design Analysis may include any pilot or bench scale study, shall be accompanied by VENDOR's preliminary estimate of total construction costs for the Project. Provide short term solutions to meet EPA requirements until recommended alternative treatment process construction is completed. b) If the scope of Professional Services includes a Study or Report: Prepare a report which report shall identify in a clear manner the issue and considerations involved; VENDOR's findings; the alternative solutions available, estimated costs, as well as VENDOR's recommendations; and shall include appropriate exhibits (the Study Report"). Will require a Facility Plan with the alternative options evaluation to meet DWSRF loan requirements. 1.5.3 Presentations. If requested by City, VENDOR shall attend meeting(s) with City Commissioners and/or City administration and may be asked to prepare and make 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, VENDOR 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 (20-30%), including design criteria and sketches or exhibits, including elevations, sections, site plan and additional renderings, showing the scale and relationship of project components. b) outline of technical specifications. c) Estimated Construction Cost. in accordance with Section 5. d) Location map exhibits and renderings e) Survey and existing utilities as-builts UTL24-031 EWTP and W WTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-2 1054 f) Utilities coordination documentations 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, VENDOR 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, VENDOR 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, VENDOR shall assist the City with managing and reporting requirements for any loan (including State Revolving Fund SRF)) or grants that may be used for funding the project/study. VENDOR 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 VENDOR 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 of design component 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 VENDOR 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, VENDOR shall provide written notification identifying the specific reason to the City immediately upon VENDOR 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 VENDOR does not notify the City and obtain written approval from the City that the Estimated Construction Cost exceeds the project budget, VENDOR shall revise and/or redesign the documents at its own cost and expense to bring the designs back within the budgeted amount. In providing opinions of cost,financial analyses, economic feasibility projections,for the project, VENDOR has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-3 1055 bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, VENDOR makes no warranty that the City's actual project costs, financial aspects, economic feasibility, will not vary from VENDOR'S opinions, analyses, projections, or estimates and VENDOR'S shall have no liability for such variances. 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. g) In accepting or using any electronic format/files CITY agrees that all such electronic format/files are instruments of professional service and VENDOR shall remain the owner of electronic format/files. Copies of documents that may be relied upon by the CITY are limited to the printed copies or stamped .pdf files also known as hard copies) provided by VENDOR. Any conclusion or information obtained or derived from such electronic format/files will be at the CITY's sole risk. In the event of a conflict between the hard copies prepared by VENDOR and the electronic format/files, the hard copies shall govern. Except as otherwise required by law, CITY agrees not to transfer these electronic format/files to others without the prior written consent of VENDOR and further agrees to waive all claims against VENDOR resulting in any way from any unauthorized alterations, modifications, and/or additions to the electronic format/files as well as reuse of the electronic format/files for any other project. 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, VENDOR 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.VENDOR shall provide technical criteria, written descriptions and design data for the City's and VENDOR'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. VENDOR 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, VENDOR 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 applications fees shall be determined by VENDOR and paid by UTL24-031 EWTP and W WTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-4 1056 the City. 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, VENDOR 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. VENDOR will identify any areas of the Project that may be properly value-engineered to produce a savings in the construction cost. VENDOR 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, VENDOR may be required to: 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, VENDOR shall consult with and advise the City and act as Owner's representative on the Project. VENDOR may be required to provide full time inspection staff as owner's representative to closely coordinate all activities with Plant operations on a daily to weekly basis. VENDOR will have limited authority to act on behalf of the City as specifically provided in this Agreement. a) Site visits. VENDOR shall conduct site visits in accordance with Section 1.10.2, herein. b) Meetings. VENDOR shall conduct weekly meetings with the City and contractor(s). VENDOR shall be responsible for preparing weekly meeting minutes and distributing them to all in attendance. c) Interpretations. VENDOR 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. VENDOR 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. VENDOR 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 VENDOR that the shop drawings, product data, and samples approved by VENDOR 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. VENDOR 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, UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-5 1057 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. VENDOR shall review applications for payment and the accompanying data and schedules,VENDOR 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 VENDOR's knowledge, information and belief, the work is in accordance with the Construction Drawings and Technical Specifications. Such recommendations do not represent that continuous or detailed examinations have been made by VENDOR to ascertain that the construction contractor(s) have completed the work in exact accordance with the construction documents; that the final work will be acceptable in all respects; that VENDOR has made an examination to ascertain how or for what purpose the construction contractor(s) have used the moneys paid; that title to any of the work, materials, or equipment has passed to the City free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the City and the construction contractors that affect the amount that should be paid. g) Documentation review. VENDOR 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 VENDOR that the content of said documents and instruments complies with the design intent of 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 design intent of construction contract. VENDOR 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. VENDOR 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 VENDOR and the City and delivered to contractor not later than three(3) calendar days after the walkthrough. If necessary,VENDOR shall assist in any mediation between City and contractor to develop an agreed punch list. i) Final Inspection. VENDOR 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 VENDOR, VENDOR 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. VENDOR shall visit the construction site at intervals appropriate to the various stages of construction as VENDOR deems necessary or as the City requests in order to enable VENDOR to observe as an experienced and qualified design professional the progress and quality of the various aspects of contractor(s)' work is in accordance with Construction Drawings and Technical Specifications. Based on information obtained during such visits and on such observations, VENDOR 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).VENDOR 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,VENDOR may disapprove of or reject contractor(s)' work while it is in progress if VENDOR believes that such work will not produce a completed project that conforms generally to the design intent of contract documents UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-6 1058 or that it will prejudice the integrity of the design of the project as reflected in the Construction Drawings and Technical Specifications. VENDOR shall notify the City within twenty-four (24) hours of the discovery of such conditions that stoppage of the work may be necessary to support the proper execution of the Construction Drawings and Technical Specifications or to protect the public and/or property. VENDOR shall sign any Stop Work Notice issued by the City. VENDOR 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.VENDOR shall prepare work change directives and change orders as required or requested by the City. VENDOR 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 VENDOR to formulate a response. VENDOR will have authority to make minor 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. VENDOR is not authorized to bind the City to changes in contract price or time. 1.10.4 Contractor claims. VENDOR 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 VENDOR shall be final. In the event of any unresolved dispute between City and its contractor(s),VENDOR may mediate a meeting with City and contractor(s) to resolve the dispute. Notwithstanding the foregoing, VENDOR will not be an arbitrator of disputes between City and its contractor(s). 1.10.5 No contractor supervision. VENDOR will not, either during site visits oras a result of observations of contractor(s)' work in progress, supervise, direct or have control over contractor(s)' work. Nor shall VENDOR 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 VENDOR 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. VENDOR 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 VENDOR otherwise set forth in this Agreement. VENDOR 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)Weekly 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. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-7 1059 1.10.7 Presentation. If requested by City,VENDOR shall attend additional City meeting(s) and may be asked to make presentation of the project status or any issues or concerns. 1.11 Task Orders. Each Task Order issued pursuant to this Agreement shall include: a) a scope of services in accordance with the applicable phases of Professional Services described above. b) a detailed estimate of fees and costs based on the hourly rates established in this Agreement; c) a task/deliverable schedule; and d) a payment schedule based on deliverables Upon mutual agreement of the scope of services, fees, and costs, task/deliverable schedule, and payment schedule, a written Task Order for the applicable phase, in a form substantially similar to that attached hereto as Exhibit A, shall be executed by VENDOR and City. 1.12 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. 1.13 VENDOR assumes responsibility for performance of its services to be provided hereunder in accordance with the Standard of Care. If within one year following completion of its services,such services fail to meet the Standard of Care (as defined in Article 1.2), and the CITY promptly advises VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without charge to the CITY. 1.14 The relationship between CITY and VENDOR created hereunder and the services to be provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by VENDOR hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to VENDOR while VENDOR is so engaged without first terminating such assignment. VENDOR shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by VENDOR hereunder. 1.15 VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.16 The CITY's Representative during the performance of this Agreement shall be Bryan Heller. 1.17 The VENDOR'S Representative during the performance of the Agreement shall be GJ Schers. 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 VENDOR, and continue until completion of the project. VENDOR shall perform all services and provide all work products and deliverables required in accordance with the schedule set forth below and the project schedule established in each specific Task Order, 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. Invoices submitted for work performed on or after November 8, 2023, may be eligible for reimbursement. b. Completion of all Planning and Design Activities for all Project facilities proposed for loan funding shall be completed no later than February 15, 2026. 2.2 Delay. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-8 1060 2.2.1 VENDOR's Professional Services shall be timely performed in compliance with the Project schedule or as amended in a writing executed by both parties. If VENDOR 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 VENDOR, VENDOR shall provide to the City, within five (5) working days of the date the delay began, written notice of the delay. Provided VENDOR 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 VENDOR's sole and exclusive remedy attributed to such delay. 2.2.2 Subject to Article 2.2.1, VENDOR acknowledges responsibility for any delay suffered by the City as a result of VENDOR's negligent, reckless, or intentional wrongful actions or inactions. In the event that the City suffers delay to the extent caused by VENDOR 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 if VENDOR fails to cure such delay upon five (5) day's written notice and such termination shall not be construed to constitute a breach of this Agreement by the City. ARTICLE 3— PROFESSIONAL SERVICES FEE& EXPENSES. 3.1 Compensation. The professional services Fee and administrative reimbursements to be paid by the City to VENDOR, for all Professional Services of both VENDOR and any of its subcontractors under this Agreement for attached Task Order 1 shall not exceed: seven hundred and seventy thousand dollars 770,000). This compensation amount shall be the sole amount paid to VENDOR. The compensation may be adjusted, if necessary, by a written amendment, duly approved and executed by VENDOR 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 B. 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. VENDOR'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 B 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 VENDOR 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. VENDOR 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 VENDOR, or the applicable law or ordinance. 3.3 Subcontracts. VENDOR 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 VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Fee Schedule as follows: UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-9 1061 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 VENDOR 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 VENDOR in the amount approved. c. Invoices must identify the PO number and contract number. d. Invoices shall be submitted to: Bryan Heller. 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 VENDOR 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 VENDOR, 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 VENDOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. h. Final Invoice: In order for both parties herein to close their books and records, the VENDOR will clearly state"Final Invoice"on the VENDOR's final/last billing to the CITY. The Final Invoice 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 VENDOR. i. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. j. 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 VENDOR; 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; UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A,10 1062 g. By-pass plumbing, when applicable; 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 VENDOR's Fee. 5.3 Adjustment to Estimated Construction Cost VENDOR acknowledges that the Estimated Construction Costs shall be prepared by VENDOR in accordance with the Standard of Care. VENDOR further represents that it has the necessary resources and expertise, including a cost analyst for Estimating Construction Costs based on the best information available. In the event that the bidding phase has not commenced within three (3) months after VENDOR 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 VENDOR 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 Bidding Phase and 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 VENDOR shall analyze in writing, the reasons why the bids or proposals may have 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) VENDOR shall revise the Construction Drawings and Technical Specifications along with the Estimated Construction Cost, to enable the project to conform to 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) VENDOR shall assist the City with, 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, VENDOR shall be compensated for any additional effort pursuant to this Section 5.4 except where VENDOR failed to conform to the Standard of Care. 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 VENDOR of City's notification of a contemplated change, VENDOR shall in writing: (i) provide a detailed estimate for the increase or decrease in VENDOR'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 VENDOR's ability to meet the completion dates or schedules. If the City so instructs in writing, VENDOR shall suspend work on the portion of the scope of services affected by a contemplated 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 VENDOR 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 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-11 1063 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. Excluding VENDOR's pre-existing intellectual property, 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. Vendor will not copyright any material and products or patent any invention developed under this Agreement. Vendor specifically waives and releases all rights which Vendor may have in the materials, products or invention pursuant to 17 U.S.C. §§106A and 113(d). Vendor acknowledges and affirms that pursuant to 17 U.S.C. 106A1 such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products or invention might be subject. Vendor waives and assigns to City all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, invention and any work produced. Any reuse of Vendor'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 Vendor or its sub-consultants. a. Obligation to Furnish Documents to the City. Vendor 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. Vendor's Records. Notwithstanding any other provision in this Section, Vendor 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 Vendor's records only as is necessary for VENDOR to document its professional services. Vendor 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 Vendor, except as authorized by law and specifically authorized by City. ARTICLE 8—GENERAL TERMS a. Fundinq. 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. Representations. VENDOR represents to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's Services shall meet the Standard of Care. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Management consultant for any project without the advance written approval of the CITY, which consent will not be unreasonably withheld by the CITY. c. Licensed. VENDOR 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. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-12 1064 d. Design and Constructability. Subject to Article 1.2,VENDOR 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 VENDOR to perform again, at VENDOR's sole cost and expense, any design services which were not performed in accordance with the requirements and standards set forth in this Agreement. VENDOR hereby waives any claims which it may have or assert against the City with respect to this section, except and unless and failure of VENDOR 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 VENDOR 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 VENDOR shall indemnify and hold harmless the CITY, its officers, employees, 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 VENDOR, its employees, agents, partners, principals or subcontractors but only to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of VENDOR or other persons employed or utilized by VENDOR in the performance of this Agreement. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the 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 LIABLE FOR NEGLIGENCE. VENDOR obligations hereunder shall not apply to the extent caused by the negligence of any Indemnities. To the extent considered necessary by the City, any sums due VENDOR 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. The limitations and exclusions of liability set forth in this subsection shall apply regardless of the type of claim, fault, breach of contract, tort (including negligence), strict liability, or otherwise of either party, its employees, or subconsultants. f. Insurance. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance limits. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-13 1065 i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Commercial General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Commercial General Liability Insurance. This coverage shall be on an"Occurrence"basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain an amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury,including death,as well as from claims for property damage,which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles,whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the amount of 4,000,000 per claim and in aggregate. v. Umbrella/Excess Liability Insurance: in the amount of$1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow the form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. The CITY shall be included as an additional insured, except on the Worker's Compensation and Professional Liability policies. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, and employees. 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 limits, coverage, or endorsements throughout the term of the Agreement. Increased limits shall be agreed to by both parties. g. Independent Contractor. The VENDOR and the CITY agree that the VENDOR is an UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-14 1066 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 VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. h. Covenant Against Contingent Fees. The VENDOR represents that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this 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 VENDOR 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 VENDOR shall act as the execution of a truth-in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. b. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. k. Discrimination Prohibited. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, 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. I. 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 VENDOR, 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 VENDOR, 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 VENDOR for such termination in which event the VENDOR shall be paid its UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-15 1067 compensation for work performed through to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. b. Termination for Cause. 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, VENDOR's failure to perform the Services as per the terms of this Agreement, or repeated submission whether negligent or intentional)for payment of false or incorrect bills or invoices. c. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project,the surviving members of the VENDOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR 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, VENDOR 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 under this Agreement and City projects to the City. f. In the event of termination, VENDOR, 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 VENDOR for all authorized Professional Services satisfactorily performed through the termination date as per the terms of this Agreement, and for costs incurred, under the payment terms contained in this Agreement. In the event of Termination for Cause, no payments to VENDOR shall be made (1) for Professional Services not satisfactorily performed and cured as per the terms of this Agreement and (2) for assembly of and submittal of documents as required under this Agreement. In no event shall City be obligated to compensate VENDOR 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 actual costs incurred by CITY due to VENDOR'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 VENDOR, including but not limited to any representations made relating to disclosure or UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-16 1068 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. Subject to Article 1.2, if, in the judgment of CITY,work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. c. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR : d. The abandonment of the project by VENDOR for a period of more than seven (7) business days. e. 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. f. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default is such that more than seven (7)days are reasonably required for its cure,then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. g. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. h. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy(unless,in the case of a petition filed against VENDOR,the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of VENDOR's assets,or for VENDOR's interest in this Agreement, where possession is not restored to VENDOR within thirty 30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. i. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement in accordance with the Termination section set forth above. o. Uncontrollable Forces. a. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-17 1069 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. 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 VENDOR shall be sent to the following address: ATTN:Didier Menard, GJ Schers, Raul Alfaro Jacobs Engineering Group, Inc. Address: 550 West Cypress Creek Road Suite 400 Fort Lauderdale, FL 33309 Phone: 407-496-1938, 239-404-0245, 786-709-1119 Email:didier.menard(a iacobs.com, iacobs.com, raul.alfaro( iacobs.com q. Public Records. The Vendor shall comply with Florida's Public records Law. Specifically, the VENDOR shall: a. Keep and maintain public records required by the CITY to perform the service; b. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.Stat. or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,VENDOR shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-18 1070 d. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR'S possession. All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityClerk(dbbfl.us r. Time of Essence.Time shall be of the essence for each and every provision of this Agreement. s. E-Verify. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: 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; UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-19 1071 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. VENDOR represents that the execution of this Agreement will not violate Section 287.133, Florida Statutes and certifies that VENDOR and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives, and any sub-consultants have not been placed on the Convicted Vendor 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. Vendor certifies that vendor is not participating in a boycott of Israel. Vendor further certifies that vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the 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 waiver or modify the immunities and limitations on liability provided for in Section 768.28, Florida statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the 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 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-20 1072 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 VENDOR 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. 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. aa. Compliance with Laws. It shall be the VENDOR'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. bb. 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 Vendor. cc. 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. dd. 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 VENDOR 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. VENDOR agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. ee. Integrated Agreement. This Agreement represents the entire and integrated agreement between CITY and VENDOR 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 VENDOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. ff. 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, UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-21 1073 valid,and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. gg. Limitation of Liability.The total aggregate liability arising out of performance or breach of this Agreement shall not exceed 2 times the compensation paid to VENDOR under each applicable Task Order. ARTICLE 9 -FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, VENDOR shall comply with all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to VENDOR 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,VENDOR agrees as follows: A. VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.VENDOR 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. VENDOR agrees to post in 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. VENDOR will, in all solicitations or advertisements for employees placed by or on behalf of VENDOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. VENDOR 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 VENDOR 's legal duty to furnish information. D. VENDOR 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 VENDOR 's commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. VENDOR 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. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-22 1074 G. In the event of VENDOR '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 VENDOR 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. VENDOR 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 vendor.VENDOR 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 VENDOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, VENDOR may request the United States to enter into such litigation to protect the interests of the United States. 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. VENDOR 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,VENDOR 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, VENDOR must be required to pay wages not less than once a week. 9.3 Copeland "Anti-Kickback"Act.VENDOR 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"). VENDOR 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. UTL24-031 EWTP and W WTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-23 1075 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)VENDOR 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. 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 VENDOR 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 VENDOR 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. VENDOR 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 VENDOR 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.VENDOR 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.VENDOR 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.VENDOR agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-24 1076 with Federal assistance. B. Federal Water Pollution Control Act. VENDOR 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.VENDOR 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. VENDOR 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 VENDOR is required to verify that none of the Vendor'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.§ 180.935). A. VENDOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that Vendor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The Vendor or proposer 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 Vendor or proposer 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). VENDOR 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. VENDOR shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94- 163, 89 Stat. 871). 9.9 Procurement of Recovered Materials. The CITY and VENDOR 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),VENDOR 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 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-25 1077 Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of VENDOR 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. VENDOR 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. 9.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. VENDOR 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. VENDOR will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 9.15 Fraudulent Statements. VENDOR acknowledges that 31 U.S.C. Chap. 38 applies to VENDOR'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 VENDOR 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 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-26 1078 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 VENDOR 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. 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 VENDOR 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 VENDOR 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 VENDOR 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 VENDOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products,or materials produced in the United States.This includes, but is not limited to iron, aluminum,steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. Manufactured products mean items 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. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-27 1079 9.18 Affirmative Socioeconomic Steps. If subcontracts are to be let,VENDOR 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 VENDOR grants to CITY,a paid-up, royalty-free, nonexclusive, irrevocable,worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,distribute copies to the public,and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, VENDOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data,as used herein, shall include any work subject to copyright under 17 U.S.C.§ 102,for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract,VENDOR will deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by VENDOR. SIGNATURES ON FOLLOWING PAGE) UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-28 1080 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 p2P day of J QYII 20 CITY OF BOYNTON BEACH T '- '- ayor Authorized Official Name), (Vendor) David Ashman Print Name of Authorized Official Vice President Title r GxsEERN h 1/4,,•' $00,gq•.C,QOI ea,' L lir'. 10 i L : Corporate Seal) 1081 EXHIBIT A TASK ORDER TEMPLATE rr, CITY OF BOYNTON BEACH Services Task Order Task Order No. Consultant: Contract No. 1. Task/Project Phase. Insert title and brief description) 2.Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit 3. Deliverables and Schedule. Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit 4. Compensation. The total Fee to be paid to Consultant under this Task Order shall not exceed based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit The payment schedule(based on deliverables) is attached as Exhibit 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the Agreement, dated 20 ,by and between the City of Boynton Beach and Consultant"), Contract No. 6.Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7.Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8.Notice to Proceed. If checked, Consultant's receipt of a fully-executed copy of this Task Order shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Notice to Proceed. UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-30 1082 CONSULTANT: CITY OF BOYNTON BEACH By: By: Ty Penserga, Mayor Print Name: Date: 20_ Date: 20_ Attest: City Clerk City Attorney's Office Approved as to form and legality By: UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A 31 1083 EXHIBIT B FEE SCHEDULE PERSONNEL CLASSIFICATIONS HOURLY RATE Principal 290 Senior Project Manager 265 Project Manager 225 Senior Engineer 250 Process Engineer 150 Sr. Electrical Engineer 240 Electrical Engineer 150 Process Control/Inst. Engineer 150 Sr. Mechanical Engineer 240 Mechanical Engineer 150 Engineering Technician 125 Engineer 140 Staff Engineer 130 Architect 150 Senior Architect 225 Landscape Architect 185 Environmental Specialist 185 Inspector(Zoning & Landscape) 150 Inspector(Transportation) 150 Senior Landscape Architect 195 Senior Surveyor/Mapper 150 Surveyor/Field Survey Chief 165 Designer 130 Senior Designer 150 Urban Designer 165 Chief Designer 185 Hydrogeologist 140 Principal Hydrogeologist 225 Planning Technician 150 GIS Specialist 130 Senior Structural Engineer 240 Structural Engineer 150 CADD/Technician 130 Architectural CADD/Technician 130 Planner 150 Senior Planner 195 Transportation Planner 149 Transportation Planning Technician 130 Public Relations Specialist 200 Senior Construction Inspector 175 Construction Inspector 140 Rate Analyst 220 Senior Rate Analyst 250 Grant Analyst 175 Grant Specialist 200 Project Assistant 125 Clerical/Administrative 95 Reimbursable Expenses: Direct costs such as postage, prints, and delivery services will be billed at cost. Mark-up % Sub-Consultants Fee: 0% UTL24-031 EWTP and W WTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A 32 1084 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+"or higher. NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.)The following is a list of types of insurance required of contractors, lessees,etc., and the limits required by the City:(NOTE:This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits,based upon identified risk.) TYPE (Occurrence Based Only) LIMITS REQUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners &Contractor's Protective (OCP) Personal &Adv. Injury 1,000,000.00 Asbestos Abatement Each Occurrence 1,000,000.00 Lead Abatement Fire Damage(any one fire) 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate 1,000,000.00 Automobile Liability Combined Single Limit 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 1,000,000.00 Disease, Policy Limit 1,000,000.00 Disease Each Employe 1,000,000.00 Property: Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other-As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 UTL24-031 EWTP and WWTP Upgrades and Treatment Options Evaluation,Planning,and Design for Emerging Contaminants Removal—Engineering Services(Grant/Loan Funded) A-33 J 1085 RESOLUTION NO. R25-028 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A CAPITAL APPROPRIATION 5 AMENDMENT FOR FISCAL YEAR 2024-2025, UTILITIES CIP BUDGET, 6 TO USE UTILITY RESERVE FUNDS FOR $5,400,000 UNTIL THE CITY 7 RECEIVES REIMBURSEMENT FROM THE STATE REVOLVING FUNDED R LOAN FOR EAST AND WEST WATER TREATMENT PLANT UPGRADES 9 AND TREATMENT OPERATIONS EVALUATION; AND FOR ALL OTHER 10 PURPOSES. 11 12 WHEREAS, the Fiscal Year 2024-2025 Budget was adopted on September 23, 2024; and 13 WHEREAS, staff is requesting Commission approval to amend the Fiscal Year 2024-2025 14 budget as noted specifically on Exhibit A; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve a Capital Appropriation Amendment 17 for Fiscal Year 2024-2025, Utilities CIP Budget, to use Utility Reserve funds for $5,400,000 until the 18 City receives reimbursement from the State Revolving Funded Loan for East and West Water 19 Treatment Plant upgrades and treatment Operations Evaluation. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve a Capital Appropriation Amendment for Fiscal Year 2024-2025, Utilities CIP Budget, to 27 use Utility Reserve funds for $5,400,000 until the City receives reimbursement from the State 28 Revolving Funded Loan for East and West Water Treatment Plant upgrades and treatment 29 Operations Evaluation as further detailed in Exhibit A, attached hereto. 30 SECTION 3. This Resolution shall take effect in accordance with law. 31 signatures on the following page] 32 1086 33 PASSED AND ADOPTED this 0.21°— day of JCrtLa 202s- 34 CITY OF BOYNTON BEACH, FLORIDA 35 YE NO 36 Mayor—Ty Penserga 37 38 Vice Mayor—Aimee Kelley 39 c7 40 Commissioner—Angela Cruz 41 g/ 42 Commissioner—Woodrow L. Hay 43 44 Commissioner—Thomas Turkin v 45 46 VOTE 5-0 47 ATT T: I I48 49 I _ ' I 7'7— _r/ su ?0yy 50 Maylee D - s, MPA, C y Pe - ga 51 City Clerk Ma •r 52 53 WNTON,‘1 APPROVED AS TO FORM: 54 (Corporate Seal) i O GpRP6W44•..•111 0f/ 55 s SEAL 1= ; J14na 656t.INCORPORATED/ i 9 57 1920 .: / Shawna G. Lamb 58 I ••'••-••••'•• City AttorneyFLORIOP 1087 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2024-25,Commission Meeting 02/04/25 2024/25 2024/25 AMENDMENT ADOPTED Amendment AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Protect Name/Comments/Vendor GENERAL FUND 403-0000-389.92-00 FUND BALANCE APPROPR 20,005,024 5,400,000 25,405,024 Adopted Fund Total Revenues $ 63,645,702 $ 5,400,000 69,045,702 403-5025-533.65-02 SRF LOAN PPROGRAM 5,400,000 5,400,000 WT2501 East&West Water Plant Upgrades Adopted Fund Total Expenses $ 63,645,702 5,400,000 $ 69,045,702 ers\GometR\AppData\Local\Mlcrosok\Windows\lNetCache\Content.0utktokUGMZFZGT\FY2425 Fund 403 Budget Amendment for EWTPlant(002)Amendment 01162025 1/16/2025441088 BUDGET ADJUSTMENT (TRANSFER) REQUEST Page 1 of 1 To: Finance Department Fiscal Period: 4 FY 2024-25 From: Finance Department Date: 01/16/25 Budget Data Only Expend as of: Adjustment Expenditures Present Increase Adjusted Unencumbered Account Number Description Project Number Budget Decrease) Budget Encumbrances Balance 403-0000-389.92-00 NET ASSETS APPROPR 20,005,024 $ 5,400,000 $ 25,405,024 $ 25,405,024 411-2910-572.48-24 SPECIAL EVENTS 5,400,000 $ 5,400,000 $ 5,400,000 Use Whole Dollars Only TOTALS 20,005,024 $ 10,800,000 $ 30,805,024 $ 30,805,024 Justification for Adjustment: East&West Water Plant Upgrades Budget Office Use Only Approvals:Document# Department Head: Group# Finance Department: Posted By: City Manager: C:\Users\GomezR\AppData\Local\Microsoft\Windows\INetCache\Content.outtook\JGMZFZGT\[FY2425 Fund 403 Budget Amendment for EWTPIant(002).xlsx)Amendment 01162025 1089 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF BOYNTON BEACH, FLORIDA DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN LOAN AGREEMENT DW501300 Florida Department of Environmental Protection State Revolving Fund Program Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard, MS 3505 Tallahassee, Florida 32399-3000 1090 DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN LOAN AGREEMENT CONTENTS PAGE i ARTICLE I - DEFINITIONS 1 1.01. WORDS AND TERMS. 1 1.02. CORRELATIVE WORDS. 3 ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 3 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. 3 2.02. LEGAL AUTHORIZATION. 4 2.03. AUDIT AND MONITORING REQUIREMENTS. 4 ARTICLE III – RESERVED 6 ARTICLE IV - PROJECT INFORMATION 6 4.01. PROJECT CHANGES. 6 4.02. CLOSE-OUT. 7 4.03. DISBURSEMENTS. 7 ARTICLE V - RATES AND USE OF THE UTILITY SYSTEM 7 5.01. RESERVED. 7 5.02. RESERVED. 7 5.03. RESERVED. 7 5.04. NO COMPETING SERVICE. 7 5.05. MAINTENANCE OF THE UTILITY SYSTEM. 8 5.06. ADDITIONS AND MODIFICATIONS. 8 5.07. RESERVED. 8 ARTICLE VI - DEFAULTS AND REMEDIES 8 6.01. EVENTS OF DEFAULT. 8 6.02. REMEDIES. 9 6.03. DELAY AND WAIVER. 9 ARTICLE VII - RESERVED 10 ARTICLE VIII - GENERAL PROVISIONS 10 8.01. RESERVED. 10 8.02. PROJECT RECORDS AND STATEMENTS. 10 8.03. ACCESS TO PROJECT SITE. 10 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. 10 8.05. AMENDMENT OF AGREEMENT. 10 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION. 10 8.07. SEVERABILITY CLAUSE. 11 8.08. RESERVED. 11 8.09. PUBLIC RECORDS ACCESS. 11 1091 DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN LOAN AGREEMENT CONTENTS PAGE ii 8.10. SCRUTINIZED COMPANIES. 12 8.11. SUSPENSION. 12 8.12. CIVIL RIGHTS. 13 ARTICLE IX – RESERVED 13 ARTICLE X - DETAILS OF FINANCING 13 10.01. PRINCIPAL AMOUNT OF LOAN. 13 10.02. RESERVED. 13 10.03. RESERVED. 13 10.04. RESERVED. 13 10.05. RESERVED. 14 10.06. PROJECT COSTS. 14 10.07. SCHEDULE. 14 ARTICLE XI - EXECUTION OF AGREEMENT 15 1092 1 DRINKING WATER STATE REVOLVING FUND PLANNING AND DESIGN LOAN AGREEMENT DW501300 THIS AGREEMENT is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF BOYNTON BEACH, FLORIDA, (Project Sponsor) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Project Sponsor shall be referred to as “Parties” or individually as “Party”. RECITALS Pursuant to Section 403.8532, Florida Statutes and Chapter 62-552, Florida Administrative Code, the Department is authorized to make loans to finance the planning, design and construction of public water systems; and The Department is authorized to allow Principal Forgiveness on Loans funded by the Federal Drinking Water Act; and The Project Sponsor applied for the financing of Planning and Design Activities, and the Department has determined that all requirements for a Loan and Principal Forgiveness have been met. AGREEMENT In consideration of the Department loaning money to the Project Sponsor, in the principal amount and pursuant to the covenants set forth below, it is agreed as follows: ARTICLE I - DEFINITIONS 1.01. WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: (1) “Agreement” or “Loan Agreement” shall mean this agreement. (2) “Authorized Representative” shall mean the official of the Project Sponsor authorized by ordinance or resolution to sign documents associated with the Loan. (3) “Depository” shall mean a bank or trust company, having a combined capital and unimpaired surplus of not less than $50 million, authorized to transact commercial banking or savings and loan business in the State of Florida and insured by the Federal Deposit Insurance Corporation. (4) “Design Activities” shall mean the design of work defined in the approved planning document that will result in plans and specifications, ready for permitting and bidding, for an eligible construction project. 1093 2 (5) “Final Amendment” shall mean the final agreement executed between the parties that establishes the final terms for the Loan such as the final Loan amount. (6) “Final Unilateral Amendment” shall mean the Loan Agreement unilaterally finalized by the Department after Loan Agreement and Project abandonment under Section 8.06 that establishes the final amortization schedule for the Loan. (7) “Financial Assistance” shall mean Principal Forgiveness funds or Loan funds. (8) “Gross Revenues” shall mean all income or earnings received by the Project Sponsor from the ownership or operation of its Utility System, including investment income, all as calculated in accordance with generally accepted accounting principles. Gross Revenues shall not include proceeds from the sale or other disposition of any part of the Utility System, condemnation awards or proceeds of insurance, except use and occupancy or business interruption insurance, received with respect to the Utility System. (9) “Loan” shall mean the amount of money to be loaned pursuant to this Agreement and subsequent amendments. (10) “Loan Application” shall mean the completed form which provides all information required to support obtaining loan financial assistance from the Department. (11) “Local Governmental Entity” means a county, municipality, or special district. (12) “Operation and Maintenance Expense” shall mean the costs of operating and maintaining the Utility System determined pursuant to generally accepted accounting principles, exclusive of interest on any debt payable from Gross Revenues, depreciation, and any other items not requiring the expenditure of cash. (13) “Planning Activities” shall mean the planning or administrative work necessary for the Project Sponsor to qualify for Drinking Water State Revolving Fund financing for construction of drinking water facilities. (14) “Principal Forgiveness” shall mean the amount of money awarded pursuant to this Agreement and subsequent amendments that is not to be repaid. (15) “Project” shall mean the Planning and Design Activities to address emerging contaminants. This Project is a Capitalization Grant Project as defined in Chapter 62-552, Florida Administrative Code. (16) “Utility System” shall mean all devices and facilities of the Water System owned by the Project Sponsor. (17) “Water System” shall mean all facilities owned by the Project Sponsor for supplying and distributing water for residential, commercial, industrial, and governmental use. 1094 3 1.02. CORRELATIVE WORDS. Words of the masculine gender shall be understood to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural and the word “person” shall include corporations and associations, including public entities, as well as natural persons. ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS 2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. The Project Sponsor warrants, represents and covenants that: (1) The Project Sponsor has full power and authority to enter into this Agreement and to comply with the provisions hereof. (2) The Project Sponsor currently is not the subject of bankruptcy, insolvency, or reorganization proceedings and is not in default of, or otherwise subject to, any agreement or any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance which would currently restrain or enjoin it from entering into, or complying with, this Agreement. (3) There is no material action, suit, proceeding, inquiry or investigation, at law or in equity, before any court or public body, pending or, to the best of the Project Sponsor's knowledge, threatened, which seeks to restrain or enjoin the Project Sponsor from entering into or complying with this Agreement. (4) The Project Sponsor shall undertake the Project on its own responsibility, to the extent permitted by law. (5) To the extent permitted by law, the Project Sponsor shall release and hold harmless the State, its officers, members, and employees from any claim arising in connection with the Project Sponsor's actions or omissions in its Planning and Design Activities financed by this Loan. (6) All Project Sponsor representations to the Department, pursuant to the Loan Application and Agreement, were true and accurate as of the date such representations were made. The financial information delivered by the Project Sponsor to the Department was current and correct as of the date such information was delivered. The Project Sponsor shall comply with Chapter 62-552, Florida Administrative Code, and all applicable State and Federal laws, rules, and regulations which are identified in the Loan Application or Agreement. To the extent that any assurance, representation, or covenant requires a future action, the Project Sponsor shall take such action to comply with this agreement. (7) The Project Sponsor shall maintain records using generally accepted accounting principles established by the Governmental Accounting Standards Board. As part of its bookkeeping system, the Project Sponsor shall keep accounts of the Utility System separate from all other accounts and it shall keep accurate records of all revenues, expenses, and expenditures relating to the Utility System, and Loan disbursement receipts. 1095 4 (8) RESERVED. (9) Pursuant to Section 216.347 of the Florida Statutes, the Project Sponsor shall not use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch, or a State agency. (10) The Project Sponsor agrees to complete the Planning and Design Activities in accordance with the schedule set forth in Section 10.07. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable control of the Project Sponsor are excepted. (11) The Project Sponsor covenants that this Agreement is entered into for the purpose of completing Planning and Design Activities in order to construct facilities which will, in all events, serve a public purpose. 2.02. LEGAL AUTHORIZATION. Upon signing this Agreement, the Project Sponsor’s legal counsel hereby expresses the opinion, subject to laws affecting the rights of creditors generally, that this Agreement has been duly authorized by the Project Sponsor and shall constitute a valid and legal obligation of the Project Sponsor enforceable in accordance with its terms upon execution by both parties; and 2.03. AUDIT AND MONITORING REQUIREMENTS. The Project Sponsor agrees to the following audit and monitoring requirements. (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category 4E-02D65722-0 EPA 66.468 Capitalization Grants for Drinking Water State Revolving Fund $5,167,179 140129 (2) Audits. (a) In the event that the Project Sponsor expends $750,000 or more in Federal awards in its fiscal year, the Project Sponsor must have a Federal single audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. In determining the Federal awards expended in its fiscal year, the Project Sponsor shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F. An audit of the Project Sponsor conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F, will meet the requirements of this part. 1096 5 (b) In connection with the audit requirements addressed in the preceding paragraph (a), the Project Sponsor shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR Part 200, Subpart F. (c) If the Project Sponsor expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, is not required. The Project Sponsor shall inform the Department of findings and recommendations pertaining to the State Revolving Fund in audits conducted by the Project Sponsor. In the event that the Project Sponsor expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from Project Sponsor resources obtained from other than Federal entities). (d) The Project Sponsor may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/. (3) Report Submission. (a) Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F, and required by Subsection 2.03(2) of this Agreement shall be submitted, when required by 2 CFR Part 200, Subpart F, by or on behalf of the Project Sponsor directly to each of the following: (i) The Department at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-30000 Electronically: FDEPSingleAudit@dep.state.fl.us (ii) The Federal Audit Clearinghouse designated in 2 CFR Section 200.501(a) at the following address: https://harvester.census.gov/facweb/ (iii) Other Federal agencies and pass-through entities in accordance with 2 CFR Section 200.512. (b) Pursuant to 2 CFR Part 200, Subpart F, the Project Sponsor shall submit a copy of the reporting package described in 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department at the address listed under Subsection 2.03(3)(a)(i) of this Agreement. 1097 6 (c) Any reports, management letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (d) Project Sponsors, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Project Sponsor in correspondence accompanying the reporting package. (4) Record Retention. The Project Sponsor shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date of the Final Amendment, and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Project Sponsor shall ensure that working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date of the Final Amendment, unless extended in writing by the Department. (5) Monitoring. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F, as revised (see audit requirements above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, Subpart F., and/or other procedures. By entering into this Agreement, the Project Sponsor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Project Sponsor is appropriate, the Project Sponsor agrees to comply with any additional instructions provided by the Department to the Project Sponsor regarding such audit. The Project Sponsor understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. The Project Sponsor will comply with this duty and ensure that any subcontracts issued under this Agreement will impose this requirement, in writing, on its subcontractors. ARTICLE III – RESERVED ARTICLE IV - PROJECT INFORMATION 4.01. PROJECT CHANGES. After the Department's environmental review has been completed, the Project Sponsor shall promptly notify the Department, in writing, of any Project change that would require a modification to the environmental information document. 1098 7 4.02. CLOSE-OUT. The Department shall conduct a final inspection of the Planning and Design Activities records. Following the inspection, deadlines for submitting additional disbursement requests, if any, shall be established, along with deadlines for uncompleted Loan or Principal Forgiveness requirements, if any. Deadlines shall be incorporated into the Loan Agreement by amendment. After the Department establishes the final costs to be financed by the Loan, the itemized costs will be adjusted by amendment. The Loan principal shall be reduced by any excess over the amount required to pay all approved costs. 4.03. DISBURSEMENTS. Disbursements shall be made only by the State Chief Financial Officer and only when the requests for such disbursements are accompanied by a Department certification that such withdrawals are proper expenditures. Disbursements shall be made directly to the Project Sponsor for reimbursement of the incurred planning and design costs and related services. Disbursements for materials, labor, or services shall be made upon receipt of the following: (1) A completed disbursement request form signed by the Authorized Representative. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work; and proof of payment. (2) A certification signed by the Authorized Representative as to the current estimated costs of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received. (3) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. Requests by the Project Sponsor for disbursements of the planning and design funds shall be made using the Department’s disbursement request form. The Department reserves the right to retain 25% of the funds until the information necessary for the Department to prepare the Environmental Information Document as described in Rule 62-552.680, Florida Administrative Code, has been provided. ARTICLE V - RATES AND USE OF THE UTILITY SYSTEM 5.01. RESERVED. 5.02. RESERVED. 5.03. RESERVED. 5.04. NO COMPETING SERVICE. The Project Sponsor shall not allow any person to provide any services which would compete with the Utility System so as to adversely affect Gross Revenues. 1099 8 5.05. MAINTENANCE OF THE UTILITY SYSTEM. The Project Sponsor shall operate and maintain the Utility System in a proper, sound and economical manner and shall make all necessary repairs, renewals and replacements. 5.06. ADDITIONS AND MODIFICATIONS. The Project Sponsor may make any additions, modifications or improvements to the Utility System which it deems desirable and which do not materially reduce the operational integrity of any part of the Utility System. All such renewals, replacements, additions, modifications and improvements shall become part of the Utility System. 5.07. RESERVED. ARTICLE VI - DEFAULTS AND REMEDIES 6.01. EVENTS OF DEFAULT. Upon the occurrence of any of the following events (the Events of Default) all obligations on the part of Department to make any further disbursements hereunder shall, if Department elects, terminate. The Department may, at its option, exercise any of its remedies set forth in this Agreement, but Department may make any disbursements or parts of disbursements after the happening of any Event of Default without thereby waiving the right to exercise such remedies and without becoming liable to make any further disbursement: (1) RESERVED. (2) Except as provided in Subsection 6.01(1) failure to comply with the provisions of this Agreement, failure in the performance or observance of any of the covenants or actions required by this Agreement or the Suspension of this Agreement by the Department pursuant to Section 8.11 below, and such failure shall continue for a period of 30 days after written notice thereof to the Project Sponsor by the Department. (3) Any warranty, representation or other statement by, or on behalf of, the Project Sponsor contained in this Agreement or in any information furnished in compliance with, or in reference to, this Agreement, which is false or misleading, or if Project Sponsor shall fail to keep, observe or perform any of the terms, covenants, representations or warranties contained in this Agreement, the Note, or any other document given in connection with the Loan (provided, that with respect to non-monetary defaults, Department shall give written notice to Project Sponsor, which shall have 30 days to cure any such default), or is unable or unwilling to meet its obligations thereunder. (4) An order or decree entered, with the acquiescence of the Project Sponsor, appointing a receiver of any part of the Utility System or Gross Revenues thereof; or if such order or decree, having been entered without the consent or acquiescence of the Project Sponsor, shall not be vacated or discharged or stayed on appeal within 60 days after the entry thereof. 1100 9 (5) Any proceeding instituted, with the acquiescence of the Project Sponsor, for the purpose of effecting a composition between the Project Sponsor and its creditors or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the Utility System. (6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against, the Project Sponsor under federal or state bankruptcy or insolvency law now or hereafter in effect and, if instituted against the Project Sponsor, is not dismissed within 60 days after filing. (7) Any charge is brought alleging violations of any criminal law in the implementation of the Project or the administration of the proceeds from this Loan against one or more officials of the Project Sponsor by a State or Federal law enforcement authority, which charges are not withdrawn or dismissed within 60 days following the filing thereof. (8) Failure of the Project Sponsor to give immediate written notice of its knowledge of a potential default or an event of default, hereunder, to the Department and such failure shall continue for a period of 30 days. 6.02. REMEDIES. All rights, remedies, and powers conferred in this Agreement and the transaction documents are cumulative and are not exclusive of any other rights or remedies, and they shall be in addition to every other right, power, and remedy that Department may have, whether specifically granted in this Agreement or any other transaction document, or existing at law, in equity, or by statute. Any and all such rights and remedies may be exercised from time to time and as often and in such order as Department may deem expedient. Upon any of the Events of Default and subject to the rights of others having prior liens, the Department may enforce its rights by, inter alia, any of the following remedies: (1) By mandamus or other proceeding at law or in equity, cause to establish rates and collect fees and charges for use of the Utility System, and to require the Project Sponsor to fulfill this Agreement. (2) By action or suit in equity, require the Project Sponsor to account for all moneys received from the Department or from the ownership of the Utility System. (3) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the Department. (4) By applying to a court of competent jurisdiction, cause to appoint a receiver to manage the Utility System, establish and collect fees and charges, and apply the revenues to the reduction of the obligations under this Agreement. 6.03. DELAY AND WAIVER. No course of dealing between Department and Project Sponsor, or any failure or delay on the part of Department in exercising any rights or remedies hereunder, shall operate as a waiver of 1101 10 any rights or remedies of Department, and no single or partial exercise of any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder. No delay or omission by the Department to exercise any right or power accruing upon Events of Default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. No waiver or any default under this Agreement shall extend to or affect any subsequent Events of Default, whether of the same or different provision of this Agreement, or shall impair consequent rights or remedies. ARTICLE VII - RESERVED ARTICLE VIII - GENERAL PROVISIONS 8.01. RESERVED. 8.02. PROJECT RECORDS AND STATEMENTS. Books, records, reports, engineering documents, contract documents, and papers shall be available to the authorized representatives of the Department for inspection at any reasonable time after the Project Sponsor has received a disbursement and until five years after the Final Amendment date. 8.03. ACCESS TO PROJECT SITE. The Project Sponsor shall provide access to offices and other sites where Planning and Design Activities or Project work (if financed by this Loan) is ongoing, or has been performed, to authorized representatives of the Department at any reasonable time. The Project Sponsor shall cause its engineers and contractors to provide copies of relevant records and statements for inspection. 8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The Department may assign any part of its rights under this Agreement after notification to the Project Sponsor. The Project Sponsor shall not assign rights created by this Agreement without the written consent of the Department. 8.05. AMENDMENT OF AGREEMENT. This Agreement may be amended, except that no amendment shall be permitted which is inconsistent with statutes, rules, regulations, executive orders, or written agreements between the Department and the U.S. Environmental Protection Agency (EPA). A Final Amendment establishing the final costs financed by this Loan and the actual Loan Service Fee shall be completed after the Department’s final inspection of relevant documents and records. 8.06. ABANDONMENT, TERMINATION OR VOLUNTARY CANCELLATION. Failure of the Project Sponsor to actively prosecute or avail itself of this Loan (including e.g. described in para 1 and 2 below) shall constitute its abrogation and abandonment of the rights 1102 11 hereunder, and the Department may then, upon written notification to the Project Sponsor, suspend or terminate this Agreement. (1) Failure of the Project Sponsor to draw Loan proceeds within eighteen months after the effective date of this Agreement, or by the date set in Section 10.07 to establish the Loan Debt Service Account, whichever date occurs first. (2) Failure of the Project Sponsor, after the initial Loan draw, to draw any funds under the Loan Agreement for twenty-four months, without approved justification or demonstrable progress on the Project. Upon a determination of abandonment by the Department, the Loan will be suspended, and the Department will implement administrative close out procedures (in lieu of those in Section 4.02) and provide written notification of Final Unilateral Amendment to the Project Sponsor. In the event that following the execution of this Agreement, the Project Sponsor decides not to proceed with this Loan, this Agreement can be cancelled by the Project Sponsor, without penalty, if no funds have been disbursed. 8.07. SEVERABILITY CLAUSE. If any provision of this Agreement shall be held invalid or unenforceable, the remaining provisions shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 8.08. RESERVED. 8.09. PUBLIC RECORDS ACCESS. (1) The Project Sponsor shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. The Project Sponsor shall keep and maintain public records required by the Department to perform the services under this Agreement. (2) This Agreement may be unilaterally canceled by the Department for refusal by the Project Sponsor to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Project Sponsor in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. (3) IF THE PROJECT SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROJECT SPONSOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT (850)245-2118, by email at public.services@dep.state.fl.us, or at the mailing address below: 1103 12 Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, MS 49 Tallahassee, FL 32399 8.10. SCRUTINIZED COMPANIES. (1) The Project Sponsor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Project Sponsor or its subcontractors are found to have submitted a false certification; or if the Project Sponsor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. (2) If this Agreement is for more than one million dollars, the Project Sponsor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Project Sponsor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Project Sponsor, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. (3) The Project Sponsor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. (4) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 8.11. SUSPENSION. The Department may suspend any or all of its obligations to Loan or provide financial accommodation to the Project Sponsor under this Agreement in the following events, as determined by the Department: (1) The Project Sponsor abandons or discontinues the Project before its completion, (2) The commencement, prosecution, or timely completion of the Project by the Project Sponsor is rendered improbable or the Department has reasonable grounds to be insecure in Project Sponsor’s ability to perform, or 1104 13 (3) The implementation of the Project is determined to be illegal, or one or more officials of the Project Sponsor in responsible charge of, or influence over, the Project is charged with violating any criminal law in the implementation of the Project or the administration of the proceeds from this Loan. The Department shall notify the Project Sponsor of any suspension by the Department of its obligations under this Agreement, which suspension shall continue until such time as the event or condition causing such suspension has ceased or been corrected, or the Department has re- instated the Agreement. Project Sponsor shall have no more than 30 days following notice of suspension hereunder to remove or correct the condition causing suspension. Failure to do so shall constitute a default under this Agreement. Following suspension of disbursements under this Agreement, the Department may require reasonable assurance of future performance from Project Sponsor prior to re-instating the Loan. Such reasonable assurance may include, but not be limited to, a payment mechanism using two party checks, escrow or obtaining a Performance Bond for the work remaining. Following suspension, upon failure to cure, correct or provide reasonable assurance of future performance by Project Sponsor, the Department may exercise any remedy available to it by this Agreement or otherwise and shall have no obligation to fund any remaining Loan balance under this Agreement. 8.12. CIVIL RIGHTS. The Project Sponsor shall comply with all Title VI requirements of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Equal Employment Opportunity requirements (Executive Order 11246, as amended) which prohibit activities that are intentionally discriminatory and/or have a discriminatory effect based on race, color, national origin (including limited English proficiency), age, disability, or sex. ARTICLE IX – RESERVED ARTICLE X - DETAILS OF FINANCING 10.01. PRINCIPAL AMOUNT OF LOAN. The total amount awarded is $5,167,179. Of that, the estimated amount of Principal Forgiveness is $5,167,179. 10.02. RESERVED. 10.03. RESERVED. 10.04. RESERVED. 1105 14 10.05. RESERVED. 10.06. PROJECT COSTS. The Project Sponsor and the Department acknowledge that actual Project costs have not been determined as of the effective date of this Agreement. An adjustment may be made due to a reduction in the scope of work proposed for Loan funding as a result of the planning process. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. The final costs shall be established in the final amendment. Changes in costs may also occur as a result of the Project Sponsor's audit or the Department's audit. The Project Sponsor agrees to the following estimates of the Project costs: AUTHORIZED LOAN CATEGORY PROJECT COSTS ($) AMOUNT($) TO DATE Planning and Design Activities 5,400,000 5,167,179 Less Principal Forgiveness (5,400,000) (5,167,179) TOTAL (Loan Amount) 0 0 10.07. SCHEDULE. All Planning and Design Activities shall be completed no later than the date set forth below. (1) Invoices submitted for work performed on or after November 8, 2023 may be eligible for reimbursement. (2) Completion of all Planning and Design Activities for all Project facilities proposed for loan funding no later than February 15, 2026. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1106 1107 1 STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT DW501300 CITY OF BOYNTON BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF BOYNTON BEACH, FLORIDA, (Project Sponsor) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Project Sponsor shall be referred to as “Parties” or individually as “Party”. The Department and the Project Sponsor entered into a Drinking Water State Revolving Fund Loan Agreement, Number DW501300, authorizing a Loan amount of $5,167,179, excluding Capitalized Interest; and including a Principal Forgiveness amount of $5,167,179; and The Project Sponsor is entitled to additional financing in the amount of $232,821, excluding Capitalized Interest and including a Principal Forgiveness amount of $232,821; and Certain provisions of the Agreement need revision and provisions need to be added to the Agreement. The Parties hereto agree as follows: 1. Subsection 2.03(1) of the Agreement is deleted and replaced as follows: (1) The financial assistance authorized pursuant to this Loan Agreement consists of the following: REMAINDER OF PAGE INTENSIONALLY LEFT BLANK 1108 2 Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category 4E-02D65722-0 EPA 66.468 Capitalization Grants for Drinking Water State Revolving Fund $5,167,179 149953 Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category 4E-02D65723-0 EPA 66.468 Capitalization Grants for Drinking Water State Revolving Fund $204,000 149953 Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category 4E-02D65724-0 EPA 66.468 Capitalization Grants for Drinking Water State Revolving Fund $28,821 149953 2. Section 8.08 of the Agreement is deleted and replaced as follows: 8.08. SIGNAGE. The Project Sponsor agrees to comply with signage guidance in order to enhance public awareness of EPA assistance agreements nationwide. A copy of this guidance is listed on the Department’s webpage at https://floridadep.gov/wra/srf/content/state-revolving-fund-resources- and-documents as “Guidance for Meeting EPA’s Signage Requirements”. 3. Section 8.12 of the Agreement is deleted and replaced as follows: 8.12. CIVIL RIGHTS. The Project Sponsor shall comply with all Title VI requirements of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, which prohibit activities that are intentionally discriminatory and/or have a discriminatory effect based on race, color, national origin (including limited English proficiency), age, disability, or sex. 4. Section 8.13 is added to the Agreement as follows: 1109 3 8.13. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Project Sponsor and any contractors/subcontractors are prohibited from obligating or expending any Loan or Principal Forgiveness funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 5. Additional financing in the amount of $232,821 of which the principal forgiveness is $232,821, excluding Capitalized Interest, is hereby awarded to the Project Sponsor. 6. The Project Sponsor and the Department acknowledge that the actual cost of the Project has not been determined. Project cost adjustments may be made as a result of mutually agreed upon Project changes. Capitalized Interest will be recalculated based on actual dates and amounts of Loan disbursements. If the Project Sponsor receives other governmental financial assistance for this Project, the costs funded by such other governmental assistance will not be financed by this Loan. The Department shall establish the final Project costs after its final inspection of the Project records. Changes in Project costs may also occur as a result of an audit. The estimated Project costs are revised as follows: CATEGORY PROJECT COSTS ($) Planning and Design Activities 5,400,000 Less Principal Forgiveness (5,400,000) TOTAL (Loan Amount) 0 7. The items scheduled under Section 10.07 of the Agreement are rescheduled as follows: (2) Completion of all Planning and Design Activies is scheduled for August 15, 2027. 8. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1110 This Amendment 1 to Loan Agreement DW501300 may be executed in two or more counterparts, any of which shall be regarded as an original and all of which con stitute but one and the same instrument. IN WITNESS WHEREOF, the D epartment has caused thi s amendment to the Loan Agreement to be executed on its behalf by the Secretary or Designee and the Project Sponsor has caused this amendment to be executed on its beha lf by its Authorized Representative and by its affixed seal. The effective date of thi s amendment shall be as set forth below by the Department. Mayor Approved as to form and legal sufficie ncy: - City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date 4 1111 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Ordinance No. 26-012- First Reading, An ordinance of the City of Boynton Beach, Florida, creating Article XV, "Abatement of Nuisances," of Chapter 15 of the City Code; establishing a public nuisance abatement process; providing for definitions, procedures, hearings before a special magistrate, emergency abatement, enforcement, penalties, and liens; providing for authority consistent with Chapter 166 and section 893.138, Florida Statutes; providing for codification, conflicts, severability, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-012. Explanation of Request: This ordinance creates Article XV, “Abatement of Nuisances,” within Chapter 15 of the City Code to establish a local administrative process for addressing properties used for recurring criminal activity that constitute a public nuisance. The ordinance authorizes the City to initiate nuisance abatement proceedings and provides procedures for notice, hearings before a special magistrate, enforcement orders, penalties, and other remedies intended to abate nuisance conditions. Section 893.138, Florida Statutes, authorizes municipalities to enact procedures to abate public nuisances associated with certain criminal activities occurring at a place or premises, including unlawful drug activity, prostitution, criminal gang activity, and other specified offenses. The ordinance implements that statutory authority and provides a structured process for investigating complaints, providing notice to property owners and operators, and conducting hearings to determine whether a public nuisance exists. If adopted, the ordinance will provide the City with an additional enforcement tool to address properties that repeatedly generate criminal activity and negatively affect surrounding neighborhoods and the public health, safety, and welfare of City residents. How will this affect city programs or services? This ordinance establishes a formal administrative process for the investigation and abatement of public nuisance properties within the City. Implementation will primarily involve 1112 coordination among the City Attorney’s Office, the Boynton Beach Police Department, and the Code Enforcement Department. These departments may investigate complaints, document nuisance activity, and present evidence at hearings before the Special Magistrate. The ordinance provides an additional enforcement mechanism to address properties associated with recurring criminal activity. By creating a structured process for nuisance abatement, the City will have a more efficient method to address problem properties that negatively impact surrounding neighborhoods. Any additional administrative workload associated with hearings or enforcement is expected to be manageable within existing departmental operations. Account Line Item and Description: Not Applicable Fiscal Impact: There is no anticipated significant fiscal impact associated with the adoption of this ordinance. The administrative procedures established by the ordinance will be implemented using existing City staff and resources. To the extent the City incurs costs related to investigations, enforcement, hearings before the Special Magistrate, or nuisance abatement actions, the ordinance authorizes the assessment of administrative fees and fines, and the recovery of abatement costs, where permitted by law. Attachments: Ord. 26-012 Nuisance_Abatement_Ordinance.docx business-impact-estimate- Nuisance Abatement.docx 1113 ORDINANCE NO. 26-012 Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 1 CREATING ARTICLE XV, “ABATEMENT OF NUISANCES,” OF CHAPTER 2 15 OF THE CITY CODE; ESTABLISHING A PUBLIC NUISANCE 3 ABATEMENT PROCESS; PROVIDING FOR DEFINITIONS, PROCEDURES, 4 HEARINGS BEFORE A SPECIAL MAGISTRATE, EMERGENCY 5 ABATEMENT, ENFORCEMENT, PENALTIES, AND LIENS; PROVIDING 6 FOR AUTHORITY CONSISTENT WITH CHAPTER 166 AND SECTION 7 893.138, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 WHEREAS, the City of Boynton Beach, Florida (“City”), pursuant to its home rule authority 10 under Chapter 166, Florida Statutes, has the authority to enact ordinances necessary to protect 11 the public health, safety, and welfare of its residents; and 12 WHEREAS, section 893.138, Florida Statutes, authorizes municipalities to enact 13 procedures to abate public nuisances occurring at places or premises used for certain criminal 14 activities, including unlawful drug activity, prostitution, criminal gang activity, and other specified 15 offenses; and 16 WHEREAS, properties used for repeated criminal activity constitute public nuisances that 17 threaten the health, safety, and welfare of the community and may adversely affect surrounding 18 neighborhoods, property values, and the quality of life of City residents; and 19 WHEREAS, the City Commission finds it necessary and appropriate to establish 20 procedures to investigate complaints of public nuisance activity, provide notice to property 21 owners and operators, and conduct hearings before a special magistrate to determine whether a 22 public nuisance exists; and 23 1114 ORDINANCE NO. 26-012 Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission further finds that authorizing a special magistrate to issue 24 orders prohibiting the maintenance or continuation of a public nuisance will promote the prompt 25 abatement of nuisance activity while ensuring due process for affected property owners and 26 operators; and 27 WHEREAS, the City Commission intends that the nuisance abatement procedures 28 established herein operate in addition to, and not in limitation of, other remedies available under 29 Florida law, including those provided in sections 60.05 and 893.138, Florida Statutes. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA THAT: 32 Section 1. The foregoing “Whereas” clauses are true and correct and are hereby ratified 33 and confirmed and incorporated herein by this reference. 34 Section 2. Chapter 15 of the Code of Ordinances of the City of Boynton Beach, Florida, 35 is hereby amended by creating Article XV, “Abatement of Nuisances,” to read as follows: 36 ARTICLE XV – ABATEMENT OF NUISANCES 37 Section 15-150. Creation; intent; applicability; jurisdiction. 38 (a) Pursuant to Chapter 166 and section 893.138, Florida Statutes, the City establishes a public 39 nuisance abatement process and designates a special magistrate to hear public nuisance 40 complaints. 41 (b) The intent of this article is to promote, protect, and improve the public health, safety, and 42 welfare of the citizens of the City by providing an equitable, expeditious, and effective method to 43 abate public nuisances. 44 1115 ORDINANCE NO. 26-012 Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (c) The special magistrate is authorized to conduct hearings, assess fines against property owners, 45 and issue orders having the force of law, in accordance with this article and the authority granted 46 by Chapter 166 and section 893.138, Florida Statutes. 47 (d) The jurisdiction of the public nuisance abatement special magistrate is not exclusive. 48 (e) Nothing in this article is intended to restrict the right of any person or the City to proceed 49 under section 60.05, Florida Statutes, or any other lawful process, to seek an injunction against a 50 public nuisance. 51 Section 15-151. Definitions. 52 The following words, terms, and phrases, when used in this article, have the meanings set forth 53 below, unless the context clearly indicates otherwise: 54 Controlled substance means any controlled substance identified in section 893.03, Florida 55 Statutes; any substance sold in lieu of a controlled substance in violation of section 817.563, 56 Florida Statutes; or any imitation controlled substance as defined in section 817.564, Florida 57 Statutes. 58 Operator means a tenant, lessee, occupant, manager, or any other person or entity having 59 possession, charge, care, or control of a place or premises. 60 Public nuisance, as defined in section 893.138, Florida Statutes, includes: 61 (1) Any place or premises within the City that has been used: 62 a. On more than two occasions within a six-month period as the site of a violation of section 63 796.07, Florida Statutes; 64 b. On more than two occasions within a six-month period as the site of the unlawful sale, delivery, 65 manufacture, or cultivation of a controlled substance; 66 c. On one occasion, as the site of unlawful possession of a controlled substance constituting a 67 felony, when the premises have previously been used on more than one occasion as the site of 68 the unlawful sale, delivery, manufacture, or cultivation of a controlled substance; 69 d. By a criminal gang for the purpose of conducting criminal gang activity as defined in section 70 874.03, Florida Statutes; or 71 e. On more than two occasions within a six-month period, as the site of a violation of section 72 812.019, Florida Statutes. 73 (2) Any pain management clinic within the City, as described in sections 458.3265 or 459.0137, 74 Florida Statutes, that has been used on more than two occasions within a six-month period as 75 the site of a violation of: 76 1116 ORDINANCE NO. 26-012 Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. a. Sections 784.011, 784.021, 784.03, or 784.045, Florida Statutes; 77 b. Section 810.02, Florida Statutes; 78 c. Section 812.014, Florida Statutes; 79 d. Section 812.131, Florida Statutes; or 80 e. Section 893.13, Florida Statutes. 81 (3) Any place or premises within the City that exhibits a pattern of nuisance activity as defined in 82 Article VIII of the Chronic Nuisance Property Code, as amended. 83 Special magistrate means a licensed attorney in good standing with The Florida Bar who is 84 retained by the City and authorized to conduct code enforcement or other public hearings on 85 behalf of the City. 86 Section 15-152. Initiation of procedures. 87 (a) A complaint alleging the existence of a public nuisance may be initiated by any City employee, 88 City officer, law enforcement officer, code enforcement officer, or resident of the City. Such 89 complaint may be submitted to the City Attorney or designee. 90 (b) A complaint may also be initiated based upon reports, investigations, or other information 91 obtained by the Boynton Beach Police Department, Code Compliance Division, or any other City 92 department. 93 (c) The filing or receipt of a complaint does not require the City to initiate enforcement 94 proceedings. The determination whether to proceed with a public nuisance action rests solely 95 within the discretion of the City Attorney or designee. 96 (d) The City Attorney or designee shall review the complaint or other information to determine 97 whether substantial, competent evidence supports a finding that criminal activity constituting a 98 public nuisance is occurring at the subject premises. 99 (e) If such evidence exists, the City Attorney or designee shall provide written notice to the owner 100 or owners of the premises summarizing the complaint and the evidence and shall afford a 101 reasonable opportunity to abate the nuisance. 102 (f) If the public nuisance activity continues after notice, the City Attorney or designee may schedule 103 a hearing before the special magistrate. 104 (g) Notice of hearing shall be provided in the manner authorized by section 162.12, Florida 105 Statutes, including but not limited to certified mail, return receipt requested, hand delivery, or 106 1117 ORDINANCE NO. 26-012 Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. posting of the property where authorized by law, and shall include the disclosures required by 107 section 286.0105, Florida Statutes. 108 Section 15-153. Conduct of hearings. 109 (a) The special magistrate may adopt procedural rules necessary for the conduct of hearings. 110 Hearings shall be open to the public, testimony shall be taken under oath, and minutes shall be 111 maintained. 112 (b) Formal rules of evidence do not apply; however, fundamental due process shall govern. 113 Evidence commonly relied upon by reasonably prudent persons is admissible. 114 (c) The City and the owner or operator of the premises may: 115 (1) Present evidence; 116 (2) Call and examine witnesses; 117 (3) Cross-examine opposing witnesses; 118 (4) Submit rebuttal evidence; 119 (5) Impeach witnesses; and 120 (6) Be represented by counsel. 121 (d) The City bears the initial burden of proof. The special magistrate shall determine whether a 122 public nuisance exists based upon competent, substantial evidence presented at the hearing, and 123 findings shall be established by a preponderance of the evidence. 124 (e) At the conclusion of the hearing, the special magistrate shall issue written findings of fact and 125 conclusions of law. The written order shall constitute final administrative action of the City unless 126 appealed as provided herein. 127 (f) Upon a finding that a public nuisance exists, the special magistrate may issue orders prohibiting 128 the maintenance or continuation of the nuisance. Orders may be directed to the owner, operator, 129 or any person in control of the premises. 130 Section 15-154. Emergency abatement. 131 (a) When the City Manager or designee determines that a public nuisance exists which presents 132 an immediate and substantial threat to the public health, safety, or welfare, the City may take 133 summary action reasonably necessary to abate the nuisance without prior notice or hearing. 134 (b) Emergency abatement actions may include closure of the premises, securing of the property, 135 removal of hazardous conditions, or other measures necessary to eliminate the immediate threat. 136 1118 ORDINANCE NO. 26-012 Page 6 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (c) As soon as practicable after emergency action is taken, the City shall provide written notice 137 and afford an opportunity for a hearing before the special magistrate. 138 (d) The City may recover reasonable costs incurred in connection with emergency abatement. 139 Section 15-155. Enforcement. 140 (a) Failure to comply with an order issued under this article may result in the imposition of daily 141 fines as authorized herein. 142 (b) Orders may be recorded and enforced as liens in accordance with law. 143 (c) No lien may be foreclosed against homestead property protected by Article X, section 4 of the 144 Florida Constitution. 145 Section 15-156. Appeal. 146 (a) Any aggrieved party may appeal a final order of the special magistrate to the circuit court 147 within thirty days. 148 (b) The filing of an appeal does not operate as an automatic stay of enforcement or the accrual of 149 fines unless a stay is granted by the circuit court or the special magistrate upon good cause and 150 reasonable conditions. 151 Section 15-157. Penalties. 152 (a) The special magistrate may impose a fine not to exceed two hundred fifty dollars ($250.00) per 153 day for an initial public nuisance. 154 (b) The special magistrate may impose a fine not to exceed five hundred dollars ($500.00) per day 155 for a repeat public nuisance. 156 (c) The special magistrate may retain continuing jurisdiction over the premises for a period not to 157 exceed one year. 158 (d) Fines imposed under this article are punitive in nature. Costs and administrative fees are 159 compensatory. 160 (e) The total fines imposed in any single public nuisance case shall not exceed fifteen thousand 161 dollars ($15,000.00). 162 (f) Boarding and securing of premises. Upon a finding that a public nuisance exists, or upon a 163 finding of non-compliance with an order entered under this article, the Special Magistrate may 164 order the boarding, securing, or closure of all or part of the premises as reasonably necessary to 165 1119 ORDINANCE NO. 26-012 Page 7 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. abate the public nuisance. Except in cases of emergency as provided in section 15-154, no order 166 authorizing boarding or securing shall be entered without notice and an opportunity to be heard. 167 The City may recover all reasonable costs incurred in boarding or securing the premises, including 168 contractor and administrative costs, which may be recorded as a lien against the property and 169 enforced in the same manner as other liens authorized under this article. 170 Section 15-158. Administrative fees. 171 (a) The City Commission may adopt by resolution a schedule of reasonable administrative fees 172 associated with the investigation, inspection, hearing, enforcement, and emergency abatement of 173 public nuisances. 174 (b) Administrative fees may be amended from time to time by resolution. 175 (c) Administrative fees assessed under this section are intended solely to reimburse the City for 176 actual expenses incurred. 177 Section 15-159. Authority to foreclose liens. 178 The City Attorney is authorized to institute foreclosure proceedings to foreclose any lien imposed 179 under this article and to recover reasonable costs and attorney fees. Homestead property is 180 exempt. 181 Section 3. All ordinances or parts of ordinances in conflict herewith are hereby 182 repealed to the extent of such conflict. 183 Section 4. If any section, subsection, sentence, clause, phrase, or portion of this 184 Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 185 such portion shall be deemed a separate, distinct, and independent provision, and such holding 186 shall not affect the validity of the remaining portions of this Ordinance. 187 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 188 Florida, that the provisions of this Ordinance creating Article XV, “Abatement of Nuisances,” of 189 Chapter 15 shall become and be made a part of the Code of Ordinances of the City of Boynton 190 Beach, Florida. The City Clerk is hereby directed, upon adoption of this Ordinance and its effective 191 1120 ORDINANCE NO. 26-012 Page 8 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. date, to transmit this Ordinance to the City’s codification service for incorporation into the Code 192 of Ordinances of the City of Boynton Beach as Article XV of Chapter 15. The sections of this 193 Ordinance may be renumbered, re-lettered, and the word “Ordinance” may be changed to 194 “Section,” “Article,” or such other appropriate word or phrase by the codifier as necessary to 195 accomplish the intention of the City Commission that this Ordinance be fully integrated into the 196 Code of Ordinances. 197 Section 6. This Ordinance shall become effective immediately upon adoption. 198 [SIGNATURES ON THE FOLLOWING PAGE] 199 1121 ORDINANCE NO. 26-012 Page 9 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2026. 200 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 201 CITY OF BOYNTON BEACH, FLORIDA 202 YES NO 203 204 Mayor – Rebecca Shelton _____ _____ 205 206 Vice Mayor – Thomas Turkin _____ _____ 207 208 Commissioner – Angela Cruz _____ _____ 209 210 Commissioner – Mack McCray _____ _____ 211 212 Commissioner – Aimee Kelley _____ _____ 213 214 VOTE ______ 215 ATTEST: 216 217 218 _____________________________ 219 Tammy Stanzione Rebecca Shelton 220 Interim City Clerk Mayor 221 222 APPROVED AS TO FORM: 223 (Corporate Seal) 224 225 Shawna G. Lamb 226 City Attorney 227 228 1122 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; 1 See Section 166.041(4)(c), Florida Statutes. An ordinance of the City of Boynton Beach, Florida, creating Article XV, “Abatement of Nuisances,” of Chapter 15 of the City Code; establishing a public nuisance abatement process; providing for definitions, procedures, hearings before a special magistrate, emergency abatement, enforcement, penalties, and liens; providing for authority consistent with Chapter 166 and section 893.138, Florida Statutes; providing for codification, conflicts, severability, and an effective date. 1123 Page 2 of 3 ☐ 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 proposed ordinance creates Article XV, “Abatement of Nuisances,” within Chapter 15 of the City Code. The ordinance establishes administrative procedures for the investigation and abatement of public nuisances associated with certain criminal activities occurring at a place or premises, consistent with the authority provided in section 893.138, Florida Statutes. The ordinance authorizes notice to property owners, hearings before a special magistrate, and enforcement remedies intended to abate nuisance conditions. 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: The City does not anticipate that the proposed ordinance will have a direct economic impact on private, for-profit businesses operating in compliance with applicable laws. The ordinance establishes enforcement procedures intended to address properties associated with criminal nuisance activity. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: The City does not anticipate direct compliance costs for businesses operating in compliance with applicable laws. The ordinance provides enforcement mechanisms that may apply to property owners or operators where a public nuisance is determined to exist following notice and hearing. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 1124 Page 3 of 3 Implementation of the ordinance is expected to occur using existing City staff and resources, including the City Attorney’s Office, the Boynton Beach Police Department, and the Code Compliance Division. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The City does not anticipate other direct economic impacts on private businesses resulting from adoption of the ordinance. 4. Additional information the governing body deems useful (if any): The estimates and statements provided herein are based on information reasonably available to the City at the time of preparation and are not intended to constitute a guarantee or prediction of economic impact. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. 1125 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 04/ 7/2026 Meeting Date: 04/ 7/2026 Proposed Ordinance No. 26-013- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, codifying Resolution No. R15-136, which created a Community Redevelopment Agency Advisory Board; establishing composition, qualifications, appointment procedures, and duties; providing for codification; providing for severability; providing for conflicts; and providing for effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-013, at first reading. Explanation of Request: On October 20, 2015, the City Commission adopted Resolution No. R15-136 creating a Community Redevelopment Agency Advisory Board to provide input to the City Commission regarding matters related to the City's Community Redevelopment Agency. The City Commission has determined that codifying the provisions of Resolution No. R15-136 into an Ordinance will provide greater permanence, formality, and legal clarity to the structure and operation of the Community Redevelopment Agency Advisory Board. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-013 Agenda_Item_4457-2026_CRA Advisory Board Final.docx Agenda Item 4457-2026 Business Impact Statement - Proposed Ordinance No. 26-013.docx 1126 Page 1 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-013 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, CODIFYING RESOLUTION NO. R15-136, 4 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY 5 ADVISORY BOARD; ESTABLISHING COMPOSITION, QUALIFICATIONS, 6 APPOINTMENT PROCEDURES, AND DUTIES; PROVIDING FOR 7 CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, on October 20, 2015, the City Commission adopted Resolution No. R15-136 11 creating a Community Redevelopment Agency Advisory Board to provide input to the City 12 Commission regarding matters related to the City's Community Redevelopment Agency; and 13 WHEREAS, the City Commission has determined that codifying the provisions of 14 Resolution No. R15-136 into an ordinance will provide greater permanence, formality, and legal 15 clarity to the structure and operation of the Community Redevelopment Agency Advisory Board; 16 and 17 WHEREAS, the City Commission has determined that establishing the Community 18 Redevelopment Agency Advisory Board by ordinance would serve the public health, safety, and 19 welfare of the citizens of the City of Boynton Beach. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA: 22 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 23 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 24 1127 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Part II “Code of Ordinances,” Chapter 27 “Advisory Boards and 25 Committees,” Article VII “Reserved” is hereby amended to read as follows: 26 ARTICLE VII. – RESERVED COMMUNITY REDEVELOPMENT ADVISORY BOARD 27 Sec. 27-60. – Reserved Created. 28 A Community Redevelopment Advisory Board is hereby created. The Advisory Board, at 29 the direction of the City Commission, shall make recommendations on the programs, activities, 30 and funding issues affecting the implementation of the CRA Plan. Recommendations shall include, 31 but are not limited to, matters concerning land use and design regulations and applications; 32 implementation programs and activities; and budgets and funding. 33 Sec. 27-61. – Reserved Membership. 34 The Advisory Board will be comprised of seven (7) individuals with experience, education, 35 or skills as determined necessary by the City Commission. Any person may be appointed to the 36 Advisory Board if he or she resides or is engaged in business, which means owning a business, 37 practicing a profession, or performing a service for compensation, or serving as an officer or 38 director of a corporation or other business 39 entity so engaged, within the City. 40 1128 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. No less than four (4) members of the Advisory Board shall be residents of the City. Advisory 41 Board Members serve at the pleasure of the City Commission and may be removed by a majority 42 of the Commission with or without a statement of cause. 43 The Advisory Board and its individual members shall operate in the sunshine. Board 44 members are subject to the Palm Beach County Code of Ethics. Appointees shall complete the 45 required ethics training prior to assuming the duties of appointment. 46 Sec. 27-62. – Reserved Costs. 47 Costs associated with the operation of the Advisory Board will be assessed to the 48 Community Redevelopment Agency budget. 49 Section 3: Codification. It is the intention of the City Commission of the City of 50 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 51 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 52 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 53 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 54 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 55 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 56 or invalid part shall be considered as eliminated and in no way affect the validity of the other 57 provisions of this Ordinance. 58 1129 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 59 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 60 conflict. 61 Section 6: Effective Date. That this Ordinance shall take effect immediately 62 upon passage. 63 64 [SIGNATURES ON THE FOLLOWING PAGE] 65 66 1130 Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 67 FIRST READING this ______ day of __________, 2026. 68 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 69 CITY OF BOYNTON BEACH, FLORIDA 70 YES NO 71 72 Mayor – Rebecca Shelton _____ _____ 73 74 Vice Mayor – Thomas Turkin _____ _____ 75 76 Commissioner – Angela Cruz _____ _____ 77 78 Commissioner – Mack McCray _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 VOTE ______ 83 ATTEST: 84 85 86 _____________________________ 87 Tammy Stanzione, Interim City Clerk Rebecca Shelton 88 Mayor 89 90 APPROVED AS TO FORM: 91 (Corporate Seal) 92 93 Shawna G. Lamb 94 City Attorney 95 1131 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. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CODIFYING RESOLUTION NO. R15-136, WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD; ESTABLISHING COMPOSITION, QUALIFICATIONS, APPOINTMENT PROCEDURES, AND DUTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 1132 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): On October 20, 2015, the City Commission adopted Resolution No. R15 -136 creating a Community Redevelopment Agency Advisory Board to provide input to the City Commission regarding matters related to the City's Community Redevelopment Agency. The City Commission has determined that codifying the provisions of Resolution No. R15 - 136 into an ordinance will provide greater permanence, formality, and legal clarity to the structure and operation of the Community Redevelopment Agency Advisory Board. 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: N/A 4. Additional information the governing body deems useful (if any): The estimates and statements provided herein are based on information reasonably available to the City at the time of preparation and are not intended to constitute a guarantee or prediction of economic impact. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. 1133 Commerce Agreement Number: I0124 Page 1 of 15 Date revised 7/1/2024 AMENDMENT TWO TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT On December 8, 2021, the State of Florida, Department of Commerce (“Commerce”), formerly known as the “Department of Economic Opportunity,” and the City of Boynton Beach, Florida (“Subrecipient”) entered into agreement I0124 (“Agreement”). Commerce and the Subrecipient may individually be referred to herein as a “Party” or collectively as the “Parties.” WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS the Agreement was previously amended on December 2, 2022; and WHEREAS the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed the “Florida Department of Commerce.” Effective July 1, 2023, all references throughout the Agreement to “Department of Economic Opportunity” or “DEO” are replaced with “Department of Commerce” or “Commerce” as appropriate. 2. This Agreement is hereby reinstated as though it had not expired. 3. Section 3, Period of Agreement, is hereby deleted in its entirety and replaced with the following: (3) Period of Agreement. This Agreement begins December 8, 2021, and ends December 7, 2026, unless otherwise terminated as provided in this Agreement. Commerce shall not grant any extension of this Agreement unless Subrecipient provides justification satisfactory to Commerce in its sole discretion and Commerce’s Deputy Secretary of the Division of Community Development approves such. 4. Section (7) Audit Requirements, Subsection (a) is hereby deleted and replaced with the following: (a) Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends one million dollars ($1,000,000) or more in Federal awards from all sources during its fiscal year. 5. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following: (15) Citizen Complaints. The goal of Commerce is to provide an opportunity to resolve citizen complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5 571134