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Agenda 04-18-23The City of Boynton Beach City Commission Agenda Tuesday, April 18, 2023, 6:00 PM City Hall Commission Chambers Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Thomas Turkin (District 111) Commissioner Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Aimee Kelley (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. MOMIF www. boynton-beach.org Page 1 of 1165 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 1165 You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1165 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Chuck Brannon, Gateway Community Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announce the 2023 Earth Day Celebration on April 22nd from 10:00 AM to 1:00 PM at Centennial Park located at 120 E. Ocean Avenue. B. Announce the Senior Health Fair on Tuesday, April 25th, from 9:00 A.M. to 11:00 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. C. Announce Mother's Day Luncheon on Saturday April 29th at 11:00 AM at Intracoastal Park Clubhouse located at 2240 N. Federal Highway. D. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the 2023 Hurricane Season. E. Mayor Penserga to propose the Workforce Readiness Program in partnership with Palm Beach State College. F. Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest. G. Presentation update on the Red Light Camera Program requested by the City Commission. H. Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. I. Presentation update on the Boynton Beach Internship Program. J. Presentation update on the ARPA Small Business Grant Program. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards. - Tabled from April 4, 2023 6. Consent Agenda Page 4 of 1165 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R23-046- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Holistic Executive Suites LLC. B. Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. C. Proposed Resolution No. R23-048- Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. D. Proposed Resolution No. R23-049- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. E. Proposed Resolution No. R23-050- Approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach. F. Approve Task Order UT -3E-06 with West Architecture + Design, LLC., in the amount of $56,063 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services, Scope Category E, awarded by City Commission on August 22nd, 2018 to provide professional architectural services, for the design of the building hardening for Fire Station #2. G. Proposed Resolution No. R23-051— Authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. H. Accept the written report to the Commission for purchases over $10,000 for the month of March 2023. I. Approve minutes from the March 21, 2023 and April 4, 2023 City Commission Meetings. 7. Consent Bids And Purchases Over $100.000 A. Approve Amendment No. 1 to Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $47,100 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant for a total Purchase Order amount of $165,140.00 and not to exceed $200,000 per the City of Boynton Beach General Consulting Services Contract 046-2821-17/TP. B. Approve the purchase of eight (8) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of $786,112 by utilizing the City of Tallahassee Contract 5179-2023, Florida Sheriff's Contract FSA22-VEH20.0, and Bradford County Sheriff's Contract 22-27-1.0. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) -story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, Page 5 of 1165 in the MU -C (Mixed -Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC B. Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. 9. City Manager's Report - None 10. Unfinished Business A. Continue discussion and selection of a Sister City in Ukraine. 11. New Business - None 12. Legal A. Proposed Ordinance No. 23-008- First Reading. Amending Chapter 2, "Administration" Article X, "Personnel Policy Manual' of the Code of Ordinances to update the Employee Handbook (fka Personnel Policy Manual) of the City of Boynton Beach. B. Review Advisory Board Ordinance, requested by Commissioner Kelley. 13. Future Agenda Items A. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin -May 2, 2023 B. Consider revised local rules for approval. - TBD C. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD D. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay -TBD E. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD F. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD G. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD H. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD I. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD J. Discussion regarding Ordinance for minimum sized units, requested by Commissioner Cruz - TBD K. Discussion regarding Ordinance for giving preference to local businesses for contracts, requested by Commissioner Cruz -TBD L. Discussion regarding housing for the homeless in the City, requested by Commissioner Hay -TBD 14. Adjournment Page 6 of 1165 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 ofthe proceedings and, for such purpose, He/She may need to ensure that a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to at3ord 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 (M)1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofthe 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 ofthe City Clerk. Page 7 of 1165 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Chuck Brannon, Gateway Community Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 4/18/2023 Page 8 of 1165 Type Description Page 9 of 1165 2023 Uniform Municipal Election The Supervisor of Elections for Palm Beach County hereby certifies the following Municipality: City of Boynton Beach: .I7, , Il d tttiot Il a!,irton caa[,� (Vot& F ter° 1) partledpatl" NecdnctsReporting, 717 AL r+salm i Deegifis Ch dce trtbodrm L H&V P tCst r 124% is t Jogtmond 18,30% acp mccf6y 41066/6 aermwd Wright $130% Cite 16°'')I'tttrk"t 4, GiItaot^l IVote IFttd° 1) arti dpatr'nt drrec{ructs 9"rting,10110r'&-Wr°r t Vvlfs ch'cdce Daviacyl d"arrCu Alm** Kafley Torn ftmnt t* pvmlt 911,96fa ".64% 26=4/16 Vtt6, r, Be Ole 262 ttiF� STATE OF FLORIDA COUNTY OF PALM BEACH I, WENDY SARTORY LINK, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HANDAND SEAL, THIS JLPDAY OF ,20 WENDY SARTORY LINK SUPERVISOR OF ELECTIONS PALM BEACH GO,? L R1 BY-, U1, "._. 240 South M ll u0'T ll, West, PMI Bach, FL 3F415 fl Post Office Box FFFPF, West Pala Beach, FL 33416 Telephone, 501,656M6200 i Fox Number: 561,650,62 F Page 10 of 1165 A i I,. g m I" ro U U J ani Q ca � C LU O � 4- W M 0 O Z m m CL w d 2 4-J rn a U O N U O m C m .V OO ++ .� ca G CL Go C ^C Co E ao s O U -C A >� U) c .2�" Flo -0 2 ilnfll fu U U Q 0) A i I,. g m I" ro ani m M U m Q .r - U) U) m A i I,. g m I" ro ani U O C:L 0 m I I A CL 10 Lf, r c C0 is c 99 CD k LID 0 co co m I I A CL @ , g » k � 2 \ @ O 0 + f m � 2 \ @ O 2 »XTI q � 2 \ 3.A. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Announce the 2023 Earth Day Celebration on April 22nd from 10:00 AM to 1:00 PM at Centennial Park located at 120 E. Ocean Avenue. Explanation of Request: This is a free community event that will have music, food trucks, vendors, and bounce houses. Community Greening is partnering with the Department to giveaway 300 Native Trees, Fruit Trees, and small plants while supplies last. For more information contact the Recreation & Parks Department at 561 742-6552 or visit the website www.boynton-beach.org/earth-day-celebration-2023. How will this affect city programs or services? Fiscal Impact: This is a budgeted event. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Altaa:;lhimeint Description Earth II::::)ay Cellelt)irafioirn Page 17 of 1165 G r 1�i B roj //�/l a o l �NNNNNNNNNNN ro ro O 6 IN % u ou No, �, So LO co 0 00 m Cu 0- C: cn =3 ° V) U -,-� U �r� 0 V) < LL > M LLOPIUM F �, DO yo u ou No, �, So LO co 0 00 m Cu 0- 3.B. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Announce the Senior Health Fair on Tuesday, April 25th, from 9:00 A. M. to 11:00 A. M. at the Ezell Hester J r. Community Center located at 1901 N. Seacrest Blvd. Explanation of Request: This is a free community event that will provide resources, free health screenings, and giveaways for Senior Citizens. For more information contact the Boynton Beach Senior Center at 561- 742-6570 or visit the website www.wemakelifefun.com. How will this affect city programs or services? Regular scheduled recreation programming at Ezell Hester Jr. Community Center has been rescheduled. Fiscal Impact: This is a budgeted event. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 19 of 1165 3.C. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Announce Mother's Day Luncheon on Saturday April 29th at 11:00 AM at Intracoastal Park Clubhouse located at 2240 N. Federal Highway. Explanation of Request: The event cost is $18 for residents and $23 for non-residents which includes lunch and a special gift for all mothers in attendance. To register contact the Recreation & Parks Registration Office at 561-742-6650 or visit the website www.wemakelifefun.com. How will this affect city programs or services? Fiscal Impact: This is a budgeted event. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 20 of 1165 3.D. Requested Action by Commission: Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the 2023 Hurricane Season. Explanation of Request: Hurricane Season begins June 1St and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane Season. Residents should not do any major tree trimming or place bulk items at the roadside after the announcement of a named storm as there is no guarantee that vegetation or bulk items will be picked up before a storm arrives. As part of normal vegetation pick-up residents can place three (3) cubic yards of vegetation weekly to be set at the curb the day before their scheduled pick-up day. • Vegetation needs to be cut in 4' lengths and 4" in diameter. • The vegetation must be placed at the roadside leaving 3' around any obstructions, such as mailboxes, cars or recycling bins. • Bulk trash and vegetation must be separated for pick-up. • Any trash or debris mixed in with vegetation will have to be removed by the resident prior to pick up. • Large tree stumps and trunks larger than 4' in diameter require a special pick up. The City will be offering a Hurricane Vegetation Amnesty Week from May 1 st — May 5th, 2023. • Residents may place more than the three (3) cubic yards of vegetation only out for pickup on their scheduled bulk day during that week. • Fees will be waived during amnesty week only. • All guidelines must be followed for pickup. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday — Friday, 8:00 A.M. to 4:30 P.M. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Page 21 of 1165 Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 22 of 1165 3.E. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Mayor Penserga to propose the Workforce Readiness Program in partnership with Palm Beach State College. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 23 of 1165 3. F. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Legislative update and overview of Senate Bill 102 by the City's lobbyist, Mathew Forrest. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 24 of 1165 Commission Meeting Date: 4/18/2023 Requested Action by Commission: Presentation update on the Red Light Camera Program requested by the City Commission. Explanation of Request: Review of the daily operations of the Red Light Camera Program, with crash data statistics. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Verra Mobility Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Page 25 of 1165 Extension Explanation: Attachments: Ty pe AltachiiTient Description �Red I ig[it Caii'Tiieira Pireseintation Page 26 of 1165 LO co 0 ti N a) 0) (II n LO co 0 co N a) 0) (II n r4 � m Ln of o r4 C'4 � aJ DC DC s � �� N rl rl rl rl m a 00 r -I >- N 4A Q J Q J Ln I;t O V)4A l� ryi N Oo > > r4 M 4 Ln N4 L, }, r -I -0 xo to O O -t N N (j U M O N (.0 M � Ol �O m m m 00 rl � ri � z z N N N r- O � rq O 0) m r- N l0• 00 I� 00 l!7 co 00 Ln rI rl M rl < co co a a > i to N (n to 0 (n N rn v 3: v +J a) aj L L N rl r- r- 01 rl 00 b lzt OD 0 -I buo C Ol O r 00 N N � N m � Li c� m U U cn cn z �o ri r-11r-11cr) z ri z z Z m w °U ) Ln N M m I- M M Ol 00 00 Ln O n 00 0) m m m m m 01 r- Ln l0 M m m m m m m m m > aJ � aJ DC DC Co a m a -C -C >- 4A Q J Q J cn� V)4A U)O N > > L L, }, -0 xo to O O -t N N (j U m U LU v z z m < co co a a > i to N (n to (n N c� v 3: v +J a) aj L L L L b OD b.0 buo C C: O U U Li Li m U U cn cn z z cn cn z z z Z m w °U ) rl N M Ln I- Ol O m m m m m m m m m m m m m m m m m M Ln M M I� N r'� ul I� M l0 00 Owl O l0 m In 00 N r�-I 00 ON O L (D Il 00 N M Ln r -I C r -I QD w l0 m r- m � r1 r -I M r4 r -I m r -I N m M Ln M M I� N r'� ul I� M l0 00 Owl O l0 m In 00 N r�-I 00 M Ln � Ln (D Il O 0 DD Ln r- M Ln r -I r -I w m r -I QD w l0 m r- m � I� rl rn U1 � r -I N r -I N r -I N N w M N 00 Ql r -I CT Ln r -I w Ql N I� M Lll r -I l0 Lr) I� Ol � O 00 � M r -I r -I r -I m r -I m N � M 00 � r -I M 00 � M 00 N 0 M 00 N m > a In Cao U cn > a N N Cao U U Ln > a V)C cn CLO (D cn m O C >, m - m (B � > m N L- U (1) V) Z a --r n t 00 cn C:In W f� a--+ ~ = Or-_ s > m > Q � Can Can >, m to 0o : ca v L'7 4-1 N Z � vw U Z p m W m o m ILI °° °° m U) m v, m w m w r -I N M ::I- w I*_ 00 r -I r -I r -I r -I r -I r -I r -I m m m m m m m m m m m m m m LO co O 0 (Y) as 0) c� lZ LO co 0 c� a) 0) c10 n 00 N Ln r -i o � O1 m N oro w 00 omo o N Ln m o � Ln M to N dl N W 9t N M lD Q0 M M N r -I N N N Z coo > vi W m m n3 > mN -0 mQ f°� 4- < V1 >s t rB � s vNi aj 2 > t N Q � 00 +j On u LJ > — Q . � m u w OD co co c o z 00 00 c U N an 0 z J - U +' 4 c FZ m z w 0 LL O C7 p N >- to U CO m m N w F - LO 0 N 0) (10n EM rn 00 r-I 00 N L) l0 L) O O l0 Cj) L!) I_f) N r -I 00 Il_ (Z Rt r-I O M L) 00 lqt Lr) O Cj) m I_f) Ol If) m N (.o N r-I O N m lD Ol m 00 m I_f) Ol IP) m N IZJ- r-I 00 lD O m Lr) IZI- O C31 00 N N N C C/J CA C C C -M CU U CU , C C1] s CD L3 CO C/] C/3 V p p C/] Co L- r - z = U CD LO CO O (Y) C'7 O Cn (II LO co 0 ,'I - Cf) a) 0) c10 n LO co 0 LO (Y) a) 0) c10 n LO co 0 co c� a) 0) c10 n LO co 0 ti c� a) 0) c10 n LO co 0 co (Y) a) 0) c10 n LO co 0 rn (Y) a) 0) c10 n 3. H. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Presentation of the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2022. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D Altachimeint D Attacher neint Description AU:::::R 1:::::iinaindial S tale rne, int 1:::::Y 2022 EX(,:WtM-;, Suirnirnairy / Goverinaince IRelKnort Page 40 of 1165 p po I IMF I P IMML m it it # WMBMMA America "s Gateway to the Gulfstream CITY OF BOYNTON BEACH, FLORIDA FOR THE FISCAL YEAR ENDED amiltolun Page 42 of 1165 Vision Statement Our vision is to be a WELCOMING and PROGRESSIVE COASTAL COMMUNITY that CELEBRATES CULTURE, INNOVATION and BUSINESS DEVELOPMENT. Mission Statement The City of Boynton Beach is a VIBRANT and SUSTAINABLE COMMUNITY that PROVIDES EXCEPTIONAL SERVICES. Core Beliefs We, the management team of the Boynton Beach City Government, commit to: PERSONAL INTEGRITY AND HONESTY, PRODUCTIVITY, TEAMWORK, RESPECT, and SERVING OTHERS. The Commission Initiatives Redevelop Downtown Building Wealth in the Community Boynton Beach Branding Transportation and Mobility DirectorMara Frederiksen Page 43 of 1165 Page 44 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Introductory Section TransmittalLetter.............................................................................................................................. i -viii Electedand Appointed Officials............................................................................................................ ix OrganizationalChart............................................................................................................................... x Mapof the City of Boynton Beach........................................................................................................ xi Financial Statements IndependentAuditors' Report.............................................................................................................. 1-4 Management's Discussion and Analysis (Required Supplementary Information)............................5-14 Basic Financial Statements Government -wide Financial Statements Statementof Net Position............................................................................................................... 15 Statementof Activities....................................................................................................................16 Fund Financial Statements Governmental Funds: BalanceSheet...............................................................................................................................17 Reconciliation of the Fund Balance of Governmental Funds to the Statement of Net Position of Governmental Activities.............................................................18 Statement of Revenues, Expenditures, and Changes in Fund Balance........................................19 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statementof Activities.............................................................................................................. 20 General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual........................................................................21 Boynton Beach CRA Special Revenue Fetid Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual .......................................... 22 Proprietary Funds: Statement of Net Position .................................................... Statement of Revenues, Expenses, and Changes in Net Position ................................................ 25 Reconciliation of the Total Enterprise Funds to the Government -wide Statements of Business -type Activities....................................................... 26 Statement of Cash Flows........................................................................................................27-28 Fiduciary Funds (Pension Trust Fundsk Statement of Fiduciary Net Position............................................................................................ 29 Statement of Changes in Fiduciary Net Position......................................................................... 30 Notes to Financial Statements..................................................................................................31-108 Required Supplementary Information Pension Information Schedules of Changes in the Net Pension Liability (Asset) and Related Ratios ......................109-111 Schedules of City Contributions......................................................................................................112 Notes to Schedules of City Contributions.................................................................................113-114 Schedules of Investment Returns.....................................................................................................115 Other Postemployment Benefits Information Schedule of Changes in the Total OPEB Liability and Related Ratios ..........................................116 Page 45 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements Major Governmental Funds BalanceSheets.................................................................................................................................117 Statements of Revenues, Expenditures, and Changes in Fund Balances.........................................118 General Fund BalanceSheet................................................................................................................................119 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................120 Boynton Beach CRA Special Revenue Fund BalanceSheet................................................................................................................................121 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................122 American Rescue Fund BalanceSheet................................................................................................................................ 123 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................124 Major Enterprise Funds Statements of Net Position............................................................................................................125 Statements of Revenues, Expenses, and Changes in Net Position ...............................................126 Statementsof Cash Flows.............................................................................................................127 Water & Sewer Fund Statement of Net Position.............................................................................................................128 Statement of Revenues, Expenses, and Changes in Net Position .................................................129 Statementof Cash Flows..............................................................................................................130 Sanitation Fund Statementof Net Position.............................................................................................................131 Statement of Revenues, Expenses, and Changes in Net Position .................................................132 Statementof Cash Flows..............................................................................................................133 Non -Major Governmental Funds CombiningBalance Sheet.........................................................................................................134-137 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances ................138-141 Grants Fund BalanceSheet................................................................................................................................142 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................143 FEMA Hurricane Fund BalanceSheet................................................................................................................................144 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................145 SHIP Grant Fund BalanceSheet................................................................................................................................146 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................147 Page 46 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Non -Major Governmental Funds (continued) CDBG Grant Fund BalanceSheet................................................................................................................................ 148 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................149 Traffic Safety Fund BalanceSheet................................................................................................................................ 150 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................151 Local Option Gas Tax Fund BalanceSheet................................................................................................................................ 152 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 153 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....... 154 Community Improvements Fund BalanceSheet................................................................................................................................ 155 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................156 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budgetand Actual...................................................................................................................... 157 Green Building Fund BalanceSheet................................................................................................................................ 158 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................159 Public Art Fund BalanceSheet................................................................................................................................ 160 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) ..........................161 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budgetand Actual...................................................................................................................... 162 Recreation Program Fund BalanceSheet................................................................................................................................ 163 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................164 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....... 165 Boynton Beach Memorial Park Fund BalanceSheet................................................................................................................................ 166 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 167 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....... 168 Community Services Fund BalanceSheet................................................................................................................................ 169 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................170 Page 47 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Non -Major Governmental Funds (continued) Building Fund BalanceSheet................................................................................................................................ 171 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................172 Public Service Tax Debt Service Fund BalanceSheet................................................................................................................................ 173 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................174 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....... 175 Boynton Beach CRA Debt Service Fund BalanceSheet................................................................................................................................ 176 Statement of Revenues, Expenditures, and Changes in Fund Balance.........................................177 General Capital Improvements Fund BalanceSheet................................................................................................................................ 178 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 179 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....... 180 Parks & Recreational Facilities Fund BalanceSheet................................................................................................................................ 181 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 182 Boynton Beach CRA Bond Projects Fund BalanceSheet................................................................................................................................ 183 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 184 Local Government Surtax Improvement Fund BalanceSheet................................................................................................................................ 185 Statement of Revenues, Expenditures, and Changes in Fund Balance ......................................... 186 Non -Major Enterprise Fund Golf Course Fund Statement of Net Position............................................................................................................. 187 Statement of Revenues, Expenses, and Changes in Net Position .................................................188 Statementof Cash Flows.............................................................................................................. 189 Internal Service Funds Combining Statement of Net Position............................................................................................. 190 Combining Statement of Revenues, Expenses, and Changes in Net Position.................................191 Combining Statement of Cash Flows.............................................................................................. 192 Page 48 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Combining and Individual Fund Financial Statements (continued) Government -wide Changes in Net Position..............................................................................211-212 Internal Service Funds (continued) Governmental Activities Tax Revenues by Source Vehicle Service Fund Fund Balance of Governmental Funds............................................................................................ Statement of Net Position.............................................................................................................193 Changes in Fund Balance of Governmental Funds.......................................................................... Statement of Revenues, Expenses, and Changes in Net Position .................................................194 Statementof Cash Flows..............................................................................................................195 Warehouse Fund Statementof Net Position.............................................................................................................196 Statement of Revenues, Expenses, and Changes in Net Position.................................................197 Statementof Cash Flows..............................................................................................................198 Self Insurance Fund Statement of Net Position............................................................................................................. 199 Statement of Revenues, Expenses, and Changes in Net Position ................................................. 200 Statementof Cash Flows.............................................................................................................. 201 Pension Trust Funds Combining Statement of Fiduciary Net Position............................................................................. 202 Combining Statement of Changes in Fiduciary Net Position.......................................................... 203 General Employees' Pension Fund Statement of Fiduciary Net Position............................................................................................. 204 Statement of Changes in Fiduciary Net Position.......................................................................... 205 Police Officers' Pension Fund Statement of Fiduciary Net Position............................................................................................. 206 Statement of Changes in Fiduciary Net Position.......................................................................... 207 Firefighters' Pension Fund Statement of Fiduciary Net Position............................................................................................. 208 Statement of Changes in Fiduciary Net Position.......................................................................... 209 Statistical Section Financial Trends Government -wide Net Position by Component............................................................................... 210 Government -wide Changes in Net Position..............................................................................211-212 Governmental Activities Tax Revenues by Source ......................................................................... 213 Fund Balance of Governmental Funds............................................................................................ 214 Changes in Fund Balance of Governmental Funds.......................................................................... 215 Page 49 of 1165 CITY OF BOYNTON BEACH, FLORIDA CONTENTS Statistical Section (continued) Revenue Capacity Assessed Value and Estimated Actual Value of Taxable Property ................................................. 216 Property Tax Rates — Direct and Overlapping Governments.......................................................... 217 Ten Principal Property Taxpayers................................................................................................... 218 Property Tax Levies and Collections...............................................................................................219 Debt Capacity Ratios of Outstanding Debt by Type............................................................................................... 220 Ratios of General Bonded Debt Outstanding................................................................................... 221 Direct and Overlapping Governmental Activities Debt................................................................... 222 Legal Debt Margin Information....................................................................................................... 223 Pledged Revenue Coverage — Water & Sewer Bonds..................................................................... 224 Pledged Revenue Coverage — Public Service Tax Bonds................................................................ 225 Demographics and Economic Information Demographic and Economic Statistics............................................................................................ 226 PrincipalEmployers.........................................................................................................................227 Operating Information Full -Time Equivalent City Government Employees by Function ................................................... 228 Operating Indicators by Function/Program..................................................................................... 229 Capital Asset Statistics by Function/Program.................................................................................. 230 Reporting Section Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .......................231-232 Independent Auditors' Report on Compliance for the Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance ......................233-235 Schedule of Expenditures of Federal Awards..............................................................................236-237 Notes to Schedule of Expenditures of Federal Awards...................................................................... 238 Schedule of Findings and Questioned Costs................................................................................239-240 Summary Schedule of Prior Audit Findings....................................................................................... 241 Management Letter Required by the Rules of the Auditor General for the State of Florida....... 242-244 Independent Accountants' Report on Compliance Pursuant to Section 218.415 FloridaStatutes................................................................................................................................ 245 Affidavit, F.S. Section 163.31801, Impact Fees.................................................................................246 Page 50 of 1165 INTRODUCTORY SECTION Page 51 of 1165 Page 52 of 1165 The City of Boynton Beach, Florida 100 E Ocean Ave Boynton Beach, Florida 33435 Telephone: (561) 742-6310 Internet: www.boynton-beach.org March 31, 2023 To The honorable Mayor, Members of the City Commission, Citizens of Boynton Beach, Florida The Financial Services Department is pleased to submit the Annual Comprehensive Report (ACFR) of the City of Boynton Beach, Florida for the Fiscal Year ended September 30, 2022. The report fulfills the requirements set forth in the Florida Statutes and the Rules of the Auditor General, Chapter 10.550. In addition to meeting the legal requirements, the report continues to present the City's tradition of full financial disclosure as demonstrated by the informative financial analysis provided and the exhibits and statistical tables included herein. Management assumes full responsibility for both the completeness and the reliability of the information contained in this report, based on a framework of internal controls established for this purpose. Because the cost of internal control should not exceed the anticipated benefit, the objective is to provide reasonable, rather than absolute assurance that the financial statements are free of any material misstatements. To the best of our knowledge and belief, the data is accurate in all material respects. The City's independent auditor, Marcum LLP, Certified Public Accountants, have issued an unmodified ("clean") opinion on the City of Boynton Beach's financial statements for the year ended September 30, 2022. The auditor's report is located at the front of the Financial Section of this report. Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report and provides a narrative, overview and analyses of the basic financial statements. MD&A complements this transmittal letter and we suggest reading it to obtain an introduction to the financial statements. The role of this Annual Comprehensive Financial Report is to assist the City in making sound financial and budgetary decisions to assist in assessing accountability to the City Commission, citizen's bondholders and management by: • Comparing actual financial results with the legally adopted budget, where appropriate; • Assessing financial condition and results of operations; • Assisting in determining compliance with finance related laws, rules and regulations; and • Assisting in evaluating the efficiency and effectiveness of City operations. Page 53 of 1165 PROFILE OF THE CITY OF BOYNTON BEACH Boynton Beach, Florida's Gateway to the Gulfstream is a coastal city located in southern Palm Beach County. Major Nathan S. Boynton, a native of Port Huron, Michigan founded the City. In 1895, Major Boynton enlisted several workers from his native Michigan to move their families to Boynton Beach. With other settlers, the early years of our city were spent building a town, raising vegetables to supply their needs as well as the guest of the new Boynton Beach Hotel. Due to its location and year-round tropical climate, Boynton Beach today possesses many natural assets that set the stage for numerous leisure, recreation and active lifestyle pursuits. The City of Boynton Beach invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of municipal parks, beach and natural conservation lands. The City, incorporated in 1920, derives its governmental authority from a charter granted by the Legislature of the State of Florida. The City operates under a Commission/Manager form of government. Four Commissioners are elected by distract for a three-year term. A Mayor is elected at large on a non- partisan basis for a three-year term. The City Commission appoints the City Manager who is the Chief Administrative Officers of the City and directs the business of the City and its various departments. The City Commission determines policy, adopts legislation, approves the City's budget, sets taxes and fees and appoints the City Attorney and members of the various boards. Boynton Beach has one of two working full-service marinas in Palm Beach County. Owned and operated by the Community Redevelopment Agency (CRA), the Boynton Harbor Marina offers fishing and scuba diving charters, Jet Ski and boat rentals and an eclectic collection of waterfront restaurants. Art and culture are embraced by the City, which houses more than 48 works of art in public places. Boynton Beach produces the world-famous International Kinetic Art Exhibit and Symposium (art sample pictured to the right) on a biennial basis and supports the Boynton Beach Art District's (BBAD) many events, including monthly art walks. In addition, the City is home to popular annual and ongoing events, including Pirate Fest, Movies and concerts at the new amphitheater, St. Patrick's Day Celebration, Earth Day, Holiday Parade, Boat Parade and 4th of July Fireworks over the Intracoastal Waterway. There are four public elementary schools in Boynton Beach, including a gifted center; a S.T.E.M curriculum- based school that has been awarded Best Elementary School in the nation for the past two years; an International Baccalaureate (IB) school. Its middle school is a Math, Science and Technology Magnet and provides an aerospace science, dance, theatre, vocal, culinary arts, early childhood and I.T.S. academies, as well as an aviation maintenance technician school. Supplementing the public schools are five private schools, five charter schools and several pre-schools. There are 12 post -secondary institutions within 67 miles of Boynton Beach, including Florida Atlantic University, Florida International University, Palm Beach Atlantic University, Palm Beach State College and the University of Miami. u Page 54 of 1165 The City of Boynton Beach is undergoing a renaissance and regeneration. Development is on the rise. Places like 500 Ocean and Town Square make potential residents and businesses take notice and look to Boynton Beach as their next investment. While these are excellent indicators of growth, the City recognizes that it remains in a competitive market to retain and attract not only residents, business investors, and visitors, but also the talented human capital needed to implement our City's mission. The City of Boynton Beach is a place where everyone belongs! We continue to elevate the importance of place and placemaking by strengthening our community connections and searching for opportunities for collaboration. Further, we continue to foster a high quality of life through sustainable and environmentally responsible development. This presentation of the City's goals, budget, performance measures, and accomplishments achieves our goal of increasing transparency and making information accessible to our residents, businesses, and other community stakeholders. It also drives economic development initiatives and facilitates planning, collaboration, and coordination among the various City departments and partners. In the Adopted Budget, available resources are invested and aligned to ensure the City's long-term viability and resilience, while advancing the City's goals and objectives. Our organization has identified three aspirational goals — who we want to be as a City: Vibrant and Resilient Living: Provide, sustain, and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions. Connected and Engaged Community: Encourage and share thriving community relationships among and between residents, businesses, and visitors. Empower residents to address community social, cultural, political and economic determinants and build strong partnerships for solutions. Robust Local Economy: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. Top 6 Priorities for the City: Culturally Distinct Downtown: Create a city center as a cultural district for business and entertainment to serve as the foundation that connects businesses, residents, and visitors. • Building Wealth in the Community: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. • Transportation and Mobility: Improve mobility for modes of transportation for all residents, commerce, workforce, and visitors. • High Performing Organization: Maintain effective and efficient service delivery and continued excellence through organizational governance and internal support and external services. • Public Health and Safety: Keep citizens safe while maintaining high quality of life. • Environmental Sustainability: Increase climate resilience, preserve natural resources, and adopt cleaner and more efficient energy technologies while striving to maximize social and economic benefits for City government, residents, and businesses. iii Page 55 of 1165 Strategic Projects beginning Fiscal Year 2021-22: • Social and Racial Equity Initiative - Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. • Neighborhood Services Resource Directory - Strengthen resource access to the City's underserved populations by maintaining a database of links that connect residents with resources, supporting relationships, and partnerships. • Economic Development Plan - Build an equitable economy that will grow family -wage careers, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. • Performance Management Initiative - Create responsive, accountable, and cost-effective government programs and services that lead to Performance Excellence. The strategic planning process develops coordinated strategic projects that focus on effectively creating the framework for all partners (both internal and external) to ensure that available resources are invested, aligned, and advance the City's priorities and goals. The City's short and long -teen successes and competitive environment are key strategic issues addressed in the Adopted Budget. Each City department is aligned to one or more of the six priorities with specific strategies and projects to be accomplished. Department Directors are accountable for meeting these stated strategies and projects while still operating within their approved Operating and Capital Budgets. Highlights of FY 2021-2022 Employee Based Priorities To Improve The Organization For Fiscal Year 2021-22, the Commission approved funding for employee raises of 3%. Over the past four fiscal years, the City Commission and the City Manager has consistently offered adjustment to salary pay ranges or hourly salary increases to its employees. These salary adjustments range from 2% to 5% and are consistent with annual inflation rates. For the FY2021-22 budget, management earmarked $.7 million for salary adjustments and union contract negotiation. The City continued to fund its employees' Health Savings Account (HSA), except those affiliated with the Police Benevolent Association. The City contributes $750 to the HSA of each full-time employee, at an annual average cost of $777,520. Additionally, the City provides employees with an "Insurance Stipend" to offset family premium rates. These health savings benefits coincide with the Boynton Beach employee Wellness Program that the City is aggressively promoting to mitigate insurance cost. The City of Boynton Beach has established a tuition reimbursement program for employees who are full time, non -probationary, unrepresented (General) employees and full-time, non -probationary employees covered under the SEIU Blue Collar or White -Collar Collective Bargaining Agreement. For FY 2021- 22, the City established a budget of $90,000. Short Term City Based Priorities The City's Building Department launched an online, easy-to-use e -permit system that will modernize how permits are processed for both builders and residents. The new Permit Application and Tracking System, 1V Page 56 of 1165 which is powered by SagesGov, allows registered users to perform all permit functions in one convenient place via a portal on the City's website. System features include the ability to submit, track, review, inspect and close building permits. This new system allows the City to streamline internal systems to support economic growth and development. This year's Phase 11 rollout of the software will include a new payment gateway and a mobile inspection feature in a continued effort to further streamline our process for staff and customers. The City is updating its sign ordinance to include new and innovative sign standards that reflect evolving technologies and approaches as well as a general update of sign regulations. During the planning process, the City will work with stakeholders to better understand how residents and business owners think the current sign ordinance is working and areas for improvement. The FY2021-22 capital budget for signage throughout the City is $50,000. The City's Planning & Zoning Division is streamlining the way citizens, developers and staff access zoning information. Currently, the City's Land Development Regulations are published on AmLegal and Zoning Maps are published on the City's website in PDF format. This does not allow for property specific lookup capabilities and makes it difficult for anyone seeking site-specific zoning related information to find it. This results in staff taking in thousands of inquiries a year about how zoning applies to specific parcels. The FY 2021/2022 budget includes $182,000 over three years for a new software called Gridics. This software will provide staff with a code publishing website specifically tailored for land use and comprehensive plan ordinances that can be updated directly in real-time as changes are made and interlink various sections to make it easier for citizens to reference and understand. This software will also provide an easy to use interactive zoning map website to make it easier for citizens to visualize how zoning districts and overlays impact development throughout the city, and provide the ability for citizens to lookup zoning information such as setbacks, open space, height, density, allowed uses by address, and permitted types of businesses. In alignment with the City's Strategic Plan Priority of Environmental Sustainability, the City continues to build on its Tree Canopy Enhancement Program with the goal of increasing citywide tree canopy from the 2020 level of 16.1% to 20% by 2035. The program includes ongoing tree plantings and tree giveaways, review of the City's landscape and tree preservation codes, a Public Lands Tree Inventory in FY21/22, and development of an Urban Forestry Management Plan in FY22/23. The City recognizes the role parks serve in creating sustainable communities. To provide sustainability, the City is considering innovative ways to fund tomorrow's potential. This consideration includes strategies such as collaboration between parks departments and other public agencies, civic investment from individuals and private foundations through public-private partnerships, concessions, marketing sponsorships, and entrepreneurial activities. The FY2021-22 capital budget for Park & Recreation improvement is $5.1 million. Over the past year, the City's Marketing & Events Department prioritized the activation of Downtown Boynton. Central to Downtown Boynton are the newly built four-story City Hall/Library, Arts & Cultural Center and Centennial Park and Amphitheater, which collectively have helped to transform the area. A Strategic project of the City's Marketing and Events Department is to invigorate Downtown's vibrant culture by creating inclusive activities that support local businesses and celebrate our diverse community, including First Friday @ 5 concerts and Friday Flicks outdoor movies. The community response has been enthusiastic, with attendees of all ages and demographics coming together to enjoy a variety of food trucks, children's activities and more. In addition to hosting City sponsored events, the Amphitheater is now available for rent, which will generate rental income for the City while providing an opportunity for v Page 57 of 1165 the public to host live concerts and perforinances, ensuring Downtown Boynton becomes an entertainment destination year-round. Long Range Priorities/Financial Plans The FY2021-22 Adopted Budget and projected years are developed by analyzing 3 -year historical trends and depending on the type of revenues and expenditures - an escalation range of 2% to 4% was applied. Additionally, strategic prioritization of projects/legislative actions/operations help to shape both the short- term and long-term plans for the City. The City has embarked on a long-term comprehensive strategy, in partnership with Florida International University, to address racial and social equity. The strategy consists of an internal organizational review of the City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion, and an external community needs assessment that will provide the analytical framework and community engagement to develop research findings and present recommended action/policy items to the City Commission. The external community assessment will develop a baseline evidence -based understanding of the community characteristics and trajectory with indicators that can be used to develop a social equity index that reflects current conditions and allows for monitoring of changes and progress in the future. This long-term investment demonstrates a commitment to inclusion and building equity within all communities in Boynton Beach. As part of our Building Wealth in the Community Strategic Plan Priority, the City has invested in the development of a comprehensive Economic Development Plan that will guide the City's economic development priorities and create a "plan of action" based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate current assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities. According to newly released 2020 Census data, the City of Boynton Beach is experiencing economic and population growth. With this rapid increase in economic and population growth comes rapidly increasing housing costs and transportation needs. As part of the City's Strategic Plan, the City undertook a Housing Needs and Solutions Assessment to assess the current state of the Boynton Beach housing market, estimate the City's future housing needs, and provide strategic guidance for solutions that would address the affordability crisis. The report will include a Market Analysis comprising data on attached and detached housing demand/pricing, housing and vacant lot inventory, rental activity based on current and expected markets, demographic and economic trends; a Housing Cost Burden Analysis for extremely low-, very low-, and low- income households, estimates of workforce housing demand and affordability gaps based on incomes and housing prices; and policy review and recommendations, including examples of solutions for attainable housing from other cities throughout the country. Transportation and Mobility is a priority that our City Commission identified in our Strategic Plan. The City has begun the process of developing and implementing a comprehensive citywide mobility plan. The Complete Streets Mobility Plan's long-term goal is to address the growing need and desire for a balanced transportation network that adequately accommodates all modes of transportation to improve safety and comfort for people walking, biking, driving, and using transit. The objective of the Mobility Plan is to encourage pedestrian walkability and bicycling to create a healthier and more sustainable community. This aligns with the City Commission's Vision Zero policy to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, and equitable mobility for all. The plan will also address traffic congestion, improve local multimodal circulation, adopt new transportation technologies, and implement a new Mobility Fee structure for development projects. Mobility Fees can be used for yr Page 58 of 1165 costs associated with adding new multimodal capacity, including sidewalks, trails, bike lanes, streetscape and landscape, microtransit (i.e. golf carts, neighborhood electric vehicles, autonomous transit shuttles etc.), and other mobility options to provide a variety of choices for personal mobility. The City is working to integrate the Strategic Priority of Environmental Sustainability into all government planning and operations. The 2020 Climate Action Plan established targets of reducing greenhouse gas (GHG) emissions 50% below 2015 levels by 2035 and achieving net zero emissions by 2050, and the City continues to track progress toward these goals through annual inventories of government and community- wide emissions. Boynton Beach recently joined the Cities Race to Zero, a global campaign to accelerate GHG reductions, and is developing targets for high -impact actions such as renewable energy, electric vehicle adoption, and building efficiency. The City also completed a climate change vulnerability assessment (CCVA) in July 2021, which incorporated sea level rise projections for 2040 and 2070, and is working to develop a climate adaptation and resilience plan following the CCVA recommendations. The Sustainability and Engineering Departments are collaborating to align future capital projects with state and federal funding sources for resilient infrastructure, with a focus on social vulnerability to ensure these investments are equitably distributed. The City is looking to implement targeted strategies to engage frontline communities that are most vulnerable to climate impacts. Fiscal Year 2021-22 Achievements Florida Atlantic University (FAU) Tech Runway has leased space on the first floor of City Hall to establish a business incubator to support entrepreneurs and start-ups in Boynton Beach. FAU Tech Runway provides entrepreneurs with a complete ecosystem in which to train, mentor, fund, and scale their companies from ideation to the early revenue stage. They will provide for the creation, development, and operation of an economic development hub within City Hall to incubate startup companies and train local small businesses. The City provided a $50,000 grant to FAU Tech Runway to expand its services within the City, provide support and resources to local entrepreneurs and startups, and bring awareness to the City of Boynton's economic development efforts. In partnership with Florida International University, the City launched a Racial and Social Equity Initiative to assess both the City's internal organization and the external community. The Internal Assessment will examine the City's internal systems, policies, and processes to establish a social and racial equity strategy and foster a culture of diversity and inclusion. The external Community Assessment will develop key findings and recommend action/policy items in five interconnected equity pillars: Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. We believe authentic community engagement is the heart of equity -focused policy. The City invested $125,000 in the external Community Assessment and $163,800 for the Internal Assessment. The City completed a climate change vulnerability assessment (CCVA) in partnership with six neighboring municipalities and Palm Beach County as the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). The CCVA includes detailed spatiotemporal analyses of vulnerabilities and risks associated with three types of flooding—rainfall-induced flooding, storm surge, and tidal flooding—including projections for sea level rise in the years 2040 and 2070. The CCVA also assessed non -flooding climate threats (high winds, extreme heat, drought, etc.) using spatial and/or narrative analyses. Vulnerabilities and risks were assessed for residential and commercial properties, critical facilities and government buildings, water infrastructure, roads and transportation facilities, natural resources, economic factors, and people/socioeconomics. The "AccelAdapt" web vii Page 59 of 1165 platform provides City staff access to the assessment data at the Census tract and parcel scales to support the integration of CCVA results in City planning and operations. The City's Office of Sustainability contracted with Community Greening to plant 590 trees on public land, and give away 297 trees to City residents for a total of 887 trees planted in FY20/21. Other Sustainability achievements in FY20/21 include the distribution of 62 Energy Edge Rebates totaling $51,800, distribution of 36 rain barrels through the water conservation program, passage of the Polystyrene Foam Waste Reduction Ordinance and launch of the Pass On Plastics Pledge, participation in the second Palm Beach County Solar Co-op, increase to 8 restaurants in the Green Business Recognition Program, and installation of two dual electric car chargers at City Hall and Kapok Park through a partnership with Florida Power & Light. As part of the City's Flood Mitigation Plan, the Utilities, Development and Public Works Engineering Departments annually prioritize drainage improvement needs and requests for projects to be included in the City's CIP Program funding. The City was awarded $83,250 for Hazard Mitigation from the Florida Division of Emergency Management to reduce flooding in Lakeside Gardens neighborhoods. This project is part of the City's continued efforts to comply with the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Seeking CRS classification improvements within the capabilities of City programs, adopting and administering Federal Emergency Management Agency (FEMA) approved ordinances and Flood Insurance Rate Maps (FIRMS) enhances the City's flood mitigation efforts while securing insurance premium rewards for its residents and businesses. As a result, beginning in April 2022 flood policy holders will now receive up to a 25% discount on their flood insurance premiums resulting in an estimated $424,000 in discounts for flood insurance premiums in the City. ACKNOWLEDGEMENTS The preparation and issuance of this report represents countless hours of work. I thank the many individuals of the Financial Services Department along with the Deputy Finance Director, Corinne Elliott who are responsible for maintaining financial records upon which we base this report for its completion. I also take this opportunity to thank you, the Executive Team and the Commission of Boynton Beach for the vital role you play in enabling the City to achieve and maintain this high degree of fiscal responsibility. Respectfully submitted, Mara Frederiksen Director of Financial Services viii Page 60 of 1165 Mayor Ty Penserga G� s Eh C c"Gs'i 5✓ � %C� JGa,��F t, a el c Elected and Appointed Officials September 30, 2022 Elected Officials District IV Vice Mayor Commissioner Commissioner Commissioner Angela Cruz Woodrow Hay Thomas Turkin Aimee Kelley Appointed Officials Daniel Dugger, City Manager Mike Cirullo Kathryn Matos Andrew Mack Maylee De Jesus Hugh Bruder Joseph DeGuilio Adam Temple Mario Guzman Poonam Kalkat Julie Oldbury Mara Frederiksen City Attorney Assistant City Manager -Administrative Svcs Assistant City Manager -Public Services City Clerk Fire Chief Police Chief Director of Development Director of Public Works Director of Utilities Director of Human Resources Director of Financial Services ix Page 61 of 1165 Advisory Boards Marketing and Public Information Director na Assistant City Manager Public Services Utilities 141 2s Development Public Works, Sanitation, Fleet, and Engineering m9.au Recreation and Parks The Links at Boynton Beach Assistant City Manager Human Resources & Administrative Services ........ ........ Risk Management Director .an City Clerk Finanual Economic 0 - - Services Development as Information Technology z 5........ Services Library 27.1 Art in Public Places Chief of Police Fire Chief ................... z��o ,........laza. Grants Community 10 Standard zz o X Page 62 of 1165 gyp , of,Boynton,Beach Comm s nDistricts Pagex63 of 1165 FINANCIAL SECTION Page 64 of 1165 Page 65 of 1165 INDEPENDENT AUDITORS' REPORT Page 66 of 1165 CUM ACCOUNTANTS ADVISORS INDEPENDENT AUDITORS' REPORT To the Honorable Mayor City Commission and City Manager City of Boynton Beach, Florida Report on the Audit of the Financial Statements Opinions We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Boynton Beach, Florida (the "City"), as of and for the fiscal year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information of the City, as of September 30, 2022, and the respective changes in financial position, and, where applicable, cash flows thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. We did not audit the financial statements of the Boynton Beach Community Redevelopment Agency ("CRA"), which includes the Boynton Beach CRA Special Revenue Fund, a major governmental fund, which represents 11%, 37%, and 13%, respectively, of the assets and deferred outflows of resources, net position, and revenues of the governmental activities of the City. We also did not audit the financial statements of the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, which combined with the non -major governmental funds of the CRA, collectively represent 94%, 94%, and 312%, respectively, of the assets and deferred outflows of resources, fund balance/net position, and revenues/additions of the aggregate remaining fund information of the City. Those financial statements were audited by other auditors whose reports have been furnished to us, and our opinions, insofar as they relate to the amounts included for the CRA, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, are based solely on the reports of the other auditors. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GARS) and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards). Our responsibilities under those standards are further 1 Marcum LLP "I'll' 525 Okeechobee Boulevard ,,ill, Suite 750 ,,ill, West Palm Beach, Florida 33401 ,,ill, Phone 561.653.7300 ,,ill, www.marcn67 of 1165 described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditors' Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we: • exercise professional judgment and maintain professional skepticism throughout the audit. • identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, no such opinion is expressed. • evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. 2 Page 68 of 1165 • conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control -related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 5 through 14 and pension information and other postemployment benefits information on pages 109 through 116 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GARS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The combining and individual fund financial statements and the schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GARS. In our opinion, based on our audit, the procedures described above, and the reports of the other auditors, the combining and individual fund financial statements and the schedule of expenditures of federal awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole. 3 Page 69 of 1165 Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditors' report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Other Matter — 2021 Summarized Comparative Information We have previously audited the City's 2021 financial statements, and we expressed an unmodified opinion audit opinion on those audited financial statements in our report dated April 15, 2022. In our opinion, the summarized comparative information presented herein as of and for the fiscal year ended September 30, 2021, is consistent, in all material respects, with the audited financial statements from which it was derived. The 2021 individual major and nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the 2022 basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the 2021 basic financial statements. The 2021 financial statements of the Boynton Beach Community Redevelopment Agency, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, were audited by other auditors and that information is based solely on the reports of the other auditors. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March XX, 2023 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City's internal control over financial reporting and compliance. kYaA,N,1 I Z.P West Palm Beach, Florida March 31, 2023 11 Page 70 of 1165 Page 71 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (MD&A) Page 72 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS This discussion and analysis provides a narrative overview and introduction to the City's financial position and results of operations as of and for the fiscal year ended September 30, 2022 organized under the following topics: • Financial highlights (Page 5), • Discussion of the basic financial statements (Pages 5 to 8), • Government -wide overall financial analysis (Pages 8 to 11), • Discussion of major funds (Pages 12 to 13), • Summary of General Fund budgetary results, (Pages 13), • Review of capital assets and debt administration (Pages 13 to 14), and • Future budgetary outlook (Page 14). FINANCIAL HIGHLIGHTS • The City's net position at September 30, 2022 totals $246,045,524 representing a $9,419,842 increase from the net position at September 30, 2021. For 2022, approximately 64% of the net position is attributable to business -type activities (primarily our Water and Sewer System). For 2021, approximately 69% of the net position was attributable to our business -type activities. The City's 2022 net position is summarized as follows: o $239,642,429 is the net investment in capital assets, o $12,549,022 is restricted for public safety, grant programs, debt service, capital projects and other purposes, o $6,145,927 is an unrestricted net deficit. The City's total fund balances (available financial resources) of all governmental funds at September 30, 2022 were $64,883,067 in comparison with $52,722,678 in the prior year. The 2022 fund balances of individual governmental fund types are: o $20,535,161 - General Fund o $15,726,069 -Special Revenue Funds (restricted, committed, assigned or unassigned for specific purposes) o $ 5,673,107 -Debt Service Funds (accumulated to repay principal and interest on outstanding debt) o $22,948,730 - Capital Project Funds (committed or assigned for capital improvements) The General Fund includes $8,324,107 committed for emergencies pursuant to a City Ordinance requiring 10% of the subsequent year's General Fund expenditures be set aside for emergencies. Other than $25,730 representing nonspendable prepaid items and $118,100 assigned to the 2022/2023 budget, the remaining $12,067,224 of unassigned fund balance of the General Fund is available (a) to mitigate future revenue shortfalls and unanticipated expenditures, (b) to stabilize tax rates, and (c) to provide for working capital to minimize short-term borrowing for operations. • General Fund unassigned fund balance represents approximately 11.7% of total General Fund 2022 expenditures. DISCUSSION OF THE BASIC FINANCIAL STATEMENTS The City's basic financial statements comprise three components: 1. Government -Wide Financial Statements, 2. Fund Financial Statements, and 3. Notes to the Financial Statements. Government -Wide Financial Statements - The government -wide financial statements provide readers with a broad overview of the City's finances for both its governmental activities and business -type activities. They include two financial statements: • Statement of Net Position • Statement of Activities 5 Page 73 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) These statements consolidate all the City's governmental and proprietary funds similar to those of a private -sector business, but exclude pension funds held in trust for others since these funds cannot be used for the City's programs. The pension funds are included in the fund financial statements since the City is accountable for those resources. The Statement of Net Position presents information on all of the City's assets owned, plus deferred outflows and liabilities owed plus deferred inflows, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or weakening. The Statement of Activities presents information showing how the City's net position changed during the most recent fiscal year. The City reports all changes in net position as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cashflows. Thus, some revenues and expenses reported in this statement will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish between functions of the City that are either: • Governmental Activities — principally supported by taxes and intergovernmental (grant) revenues or, • Business -type Activities — intended to recover all or a major part of their costs through user fees and charges. The governmental activities of the City include general government activities, public safety, physical environment, economic environment, and culture and recreational programs. The business -type activities of the City primarily include water and sewer, sanitation, and recreational (golf course) facilities. Both government -wide financial statements include not only the City itself, but also a legally separate entity, the Boynton Beach Community Redevelopment Agency (the "CRA"), that is a component unit for which the City is financially accountable. The City reports the financial information for the CRA within the governmental funds and activities of the City. See Note 1 of the Notes to the Financial Statements for additional information on the CRA. The government -wide financial statements can be found on pages 15 through 16 of this report. Fund Financial Statements - A fund is a grouping of related accounts established to maintain control over resources segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. The City groups its funds into three categories: • Governmental Funds • Proprietary Funds, and • Fiduciary (Pension) Funds. Governmental Funds account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on: • Near-term inflows and outflows of spendable financial resources. • Balances of spendable financial resources available at the end of the fiscal year. Such information may be useful in evaluating the City's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental finds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the government's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 6 Page 74 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) The City maintains a number of individual governmental funds. Financial information is presented separately for each "major fund" of the City in a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balance. The City's major governmental funds are: • General Fund • Boynton Beach Community Redevelopment Agency (CRA) Special Revenue Fund • American Rescue Fund Financial information for the remaining "non -major" funds is combined into a single, aggregated presentation. Individual fund data for each of the non -major governmental funds is provided in the form of combining statements in the Combining and Individual Fund Financial Statements section of this report. The City adopts an annual appropriated budget for certain governmental funds. A budgetary comparison statement has been provided for the General Fund, Boynton Beach CRA Special Revenue Fund and other budgeted funds to demonstrate compliance with the adopted budget. The basic governmental fund financial statements can be found on pages 17 through 21 of this report. Proprietary Funds include enterprise funds and internal service funds providing the same type of information as the government -wide financial statements, only in more detail. Enterprise funds account for business -type activities that charge fees to customers for the use of specific goods or services. The basis of accounting of the financial statements is similar to the basis used to prepare the government -wide financial statements. The City uses enterprise funds to account for its water, wastewater and stormwater utility system, sanitation operations, and municipal golf course. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City's various functions that serve only City departments. The City uses internal service funds to account for its fleet of vehicles, its self-insurance activities, and its warehouse operations. Because these services predominantly benefit governmental rather than business -type functions, they have been included within the governmental activities in the government -wide financial statements. The proprietary fund financial statements provide separate information for the water, wastewater and stormwater utility system and for the sanitation operations, both of which are considered to be major funds of the City, and the one non - major enterprise fund. Conversely, the three internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds are provided in the form of combining statements in the Combining and Individual Fund Financial Statements section of this report. The City's proprietary fund financial statements can be found on pages 23 through 28 of this report. Fiduciary Funds account for resources held for the benefit of parties outside the City that represent separate pension plans for general employees, police officers and firefighters. The City does not include fiduciary funds in the government -wide financial statements because the resources of those funds are not available to support the City's own programs, but are held for the benefit of employees upon retirement. The accounting used for fiduciary funds is much like that used for proprietary funds. The operations of these Plans lead to the recording of related deferred outflows/inflows, pension expense, and net pension liability (asset) on the City's financial statements. Separate from these plans, the City Commission is covered by the Florida Retirement System (FRS), a multi-employer defined benefit plan administered by the State of Florida. The net pension liability (NPL), deferred outflows/inflows and pension expense related to the FRS plan is not considered significant to the City and City management has decided not to record or disclose the FRS activity in the City's financial statements. The City's fiduciary fund financial statements can be found on pages 29 and 30. 7 Page 75 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Notes to the Financial Statements - The notes provide additional information and disclosure that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on pages 31 through 108 of this report. Other Information - In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information (RSI) concerning the City's progress in funding its obligation to provide pension benefits and other postemployment benefits to its employees. Required supplementary information related to these benefits can be found on pages 109 to 116 of this report. This report also contains other supplementary information immediately following the RSI, which includes the combining and individual fund financial statements beginning on page 117. GOVERNMENT -WIDE OVERALL FINANCIAL ANALYSIS Net Position - As noted previously, net position may serve over time as a useful indicator of a government's financial position. In the case of the City, assets and deferred outflows exceeded liabilities and deferred inflows by $236,625,682 at the close of the most recent fiscal year. Summary of Net Position (Amounts in Thousands) A significant portion of the City's net position ($239,642 or 97.4%) reflects its investment in capital assets (e.g., land, buildings, and equipment), less any debt and deferred inflows/outflows related to those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position ($12,549 or 5.1%) represents resources that are subject to external restrictions on how they may be used. The remaining balance is an unrestricted net deficit of $6,146 or -2.5%. N3 Page 76 of 1165 Governmental Activities Business -type Activities Total 2022 2021 2022 2021 2022 2021 Current and other assets $ 133,052 $ 109,307 $ 64,752 $ 66,798 $ 197,804 $ 176,105 Capital assets 192,393 183,189 178,321 185,195 370,714 368,384 Net pension asset -- 6,263 -- 3,935 -- 10,198 Total Assets 325,445 298,759 243,073 255,928 568,518 554,687 Deferred outflows of resources 65,626 10,339 11,372 1,977 76,998 12,316 Long-term liabilities outstanding 278,381 184,443 91,403 84,195 369,784 268,638 Other liabilities 18,068 14,819 3,840 4,366 21,908 19,185 Total Liabilities 296,449 199,262 95,243 88,561 391,692 287,823 Deferred inflows of resources 6,086 35,510 1,693 7,045 7,779 42,555 Net Position Net investment in capital assets 89,707 83,013 149,935 149,790 239,642 232,803 Restricted 12,549 13,317 -- 7,446 12,549 20,763 Unrestricted (deficit) (13,720) (22,004) 7,574 5,063 (6,146) (16,941) Total Net Position $ 88,536 $ 74,326 $ 157,509 $ 162,299 $ 246,045 $ 236,625 A significant portion of the City's net position ($239,642 or 97.4%) reflects its investment in capital assets (e.g., land, buildings, and equipment), less any debt and deferred inflows/outflows related to those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. An additional portion of the City's net position ($12,549 or 5.1%) represents resources that are subject to external restrictions on how they may be used. The remaining balance is an unrestricted net deficit of $6,146 or -2.5%. N3 Page 76 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) At the end of the current fiscal year, the City reported positive balances in total net position, both for the government as a whole, as well as for its separate governmental and business -type activities. The majority of the deficit in unrestricted net position of the governmental activities resulted from the adoption of GASB Statement No. 68 to record the net pension liabilities. Change in Net Position. Total net position increased in fiscal year 2022 by $9,419,842 with governmental activities increasing the City's net position by $14,209,625 and business -type activities decreasing the City's net position by $4,789,783. Key elements of these changes are summarized as follows: Summary of Change in Net Position (Amounts in Thousands) • Tax increment revenues received from both the City and the County have been included as a result of the Community Redevelopment Agency being a blended component unit of the City; all of its financial information is reported within governmental activities. • Increases in water and sewer charges for services account for a major portion of the increase in net position before transfers to governmental activities. 9 Page 77 of 1165 Governmental Activities Business -type Activities Total Primary Government 2022 2021 2022 2021 2022 2021 Revenues Program revenues Charges for services $ 32,214 $ 27,077 $ 67,314 $ 66,017 $ 99,528 $ 93,094 Operating grants and contributions 5,622 2,154 5,622 2,154 Capital grants and contributions 532 427 367 427 899 General revenues Property taxes 42,825 40,923 42,825 40,923 Property tax increment 15,919 14,928 15,919 14,928 Franchise taxes 5,351 4,689 5,351 4,689 Communications and public service taxes 11,060 10,637 11,060 10,637 Sales taxes 15,473 12,953 15,473 12,953 Gas taxes 1,409 1,362 1,409 1,362 State revenue sharing 4,164 3,322 4,164 3,322 Investment income 818 511 45 127 863 638 Other revenues 6,447 5,489 7 (68) 6,454 5,421 Total Revenues 141,302 124,577 67,793 66,443 209,095 191,020 Expenses General government 24,451 25,163 24,451 25,163 Public safety 85,497 62,140 85,497 62,140 Physical environment 2,688 1,576 2,688 1,576 Economic environment 9,488 8,299 9,488 8,299 Culture and recreation 13,636 11,192 13,636 11,192 Interest on long-term debt 3,590 3,846 3,590 3,846 Water ad sewer 46,931 38,929 46,931 38,929 Sanitation 11,135 10,742 11,135 10,742 Golf course 2,259 1,649 2,259 1,649 Total Expenses 139,350 112,216 60,325 51,320 199,675 163,536 Change in net position before transfers 1,952 12,361 7,468 15,123 9,420 27,484 Transfers 12,258 11,362 (12,258) 11,362) -- Change in Net Position 14,210 23,723 (4,790) 3,761 9,420 27,484 Net Position - Beginning of Year 74,326 50,603 162,299 158,538 236,625 209,141 Net Position - End of Year $ 88,536 $ 74,326 $ 157,509 $ 162,299 $ 246,045 $ 236,625 • Tax increment revenues received from both the City and the County have been included as a result of the Community Redevelopment Agency being a blended component unit of the City; all of its financial information is reported within governmental activities. • Increases in water and sewer charges for services account for a major portion of the increase in net position before transfers to governmental activities. 9 Page 77 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Governmental Activities Taxes (property taxes, tax increment, franchise taxes, public service and communications taxes, sales taxes and gas taxes) continue as the major revenue source for the City's governmental activities representing 64% of revenues in FY 2021-2022, compared to 68% in FY 2020-2021. Public safety (Police, Fire, and 911 Communications) expenses aggregate 61% of total expenses of governmental activities in FY 2021-2022 compared to 56% in FY 2020-2021. 10 Page 78 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Business—Type Activities Charges for services represent 99% of all revenues in FY 2021-2022 compared to 99% in FY 2020-2021. The charges include those for water, wastewater, stormwater, sanitation and golf course revenues. I nvestir lent EarningE andl Other 0% Capital Grants andl Contributions 1% Revenues by Scarce - Business -Type Activities Charges for Services 99% The Water and Sewer Fund expenses accounted for 78% of the expenses of the City's business -type activities in FY 2021-2022 compared to 73% in FY 2020-2021. The Sanitation Fund accounted for 18% compared to 20% in the prior year, and the Golf Course accounted for 4% compared to 3% in FY 2020-2021. Expenses by Source - Business -Type Activities Golf rC'ouirse � --~'' ' i Water & Sewer Fund 78 Sanitation Fund__ -1 0 1'8% i ;;, 11 Page 79 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) DISCUSSION OF MAJOR FUNDS The City uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. According to U.S. generally accepted accounting principles (GAAP), the City identifies and separately reports certain major governmental funds and major proprietary funds. The following paragraphs discuss the financial highlights of these selected major funds. Governmental Funds - The City's major governmental funds discussed are: • General Fund • Boynton Beach Community Redevelopment Agency (CRA) Special Revenue Fund • American Rescue Fund The City's governmental funds focus on providing information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. The General Fund is the primary operating fund accounting for all unrestricted operating expenditures of the City. Revenues plus transfers from other funds and issuance of leases aggregated $111.1 million while expenditures plus net transfers to other funds totaled $99.5 million resulting in a $4.6 million increase in fund balance for the year. The increase in fund balance for 2022 was primarily attributable to increased property taxes due to higher property valuations and decreases in taxes such as sales, franchise and gas taxes attributable to decreased economic activity and tourism resulting from the coronavirus pandemic. The ending fund balance of $20.5 million includes $8.3 million committed by City Ordinance for emergencies, $118,000 assigned for the FY 2022-2022 budget and $26,000 for prepaid items that is nonspendable. The remaining $12.1 million, representing approximately 11.7% of annual General Fund expenditures (excluding the capital lease expenditure), is unassigned and available (a) to mitigate future revenue shortfalls and unanticipated expenditures, (b) to stabilize tax rates, and (c) to provide for working capital to minimize short-term borrowing for operations. General Fund comparative financial statements for 2022 and 2021 are on pages 119-120. The Boynton Beach CRA Special Revenue Fund accounts for all of the CRA's general operations. Major revenues for the year included property tax increment revenue of $15.9 million and charges for services of $2.1 million. Expenditures included $4.0 million for general government operations, and transfers to other governmental funds of $14.2 million for redevelopment projects. Fund balance remained stable decreasing by approximately $59,000. At the end of 2022, approximately $3.8 million of fund balance was committed and assigned for future economic development, primarily redevelopment projects, and $51,000 was nonspendable. The CRA Special Revenue Fund comparative financial statements for 2022 and 2021 are on pages 121-122. The American Rescue Fund accounts for the revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ABPA), which was signed into law on March 11, 2021. The City received approximately $4.1 million in funds and expended $2.5 million during the fiscal year. The City transferred the remaining balance of $1.6 million to cover the cost of eligible capital projects. Proprietary Funds - The City's major proprietary funds are: • Water and Sewer Fund • Sanitation Fund The City's major proprietary funds provide the same type of information found in the government -wide financial statements, but in more detail. Unrestricted net position of the City's major proprietary funds at September 30, 2022 is summarized as follows: 12 Page 80 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) $44,269,444 - Water and Sewer Fund $457,391- Sanitation Fund The above total unrestricted net position compares to $40,762,100 for the Water and Sewer Fund and $(661,446) deficit for the Sanitation Fund at the end of 2021. Other factors concerning the finances of these funds have already been addressed in the discussion of the City's business -type activities. Water and Sewer Fund comparative financial statements for 2022 and 2021 are on pages 125 to 127 and Sanitation Fund comparative financial statements for 2022 and 2021 are on pages 128 to 130. SUMMARY OF GENERAL FUND BUDGETARY RESULTS The original General Fund budget appropriation for expenditures and transfers to other funds approved for FY 2021- 2022 was $102,396,693. There was a mid -year budget amendment to expenditures and transfers resulting in a final appropriation for FY 2021-2022 of $105,009,038. Total expenditures alone of $100,929,693 for the year were $623,181 less than the final appropriation for expenditures. Departmental budget details are reflected on page 20. The original General Fund budgeted revenues of $80,747,193 were increased by $2,612,345 to $83,359,538 for FY 2021-2022, Actual revenues were greater than the final budget by $3,616,191 for FY 2021-2022 due to the effects of the coronavirus pandemic on the economy and tourism related revenue streams. REVIEW OF CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets - The City's investment in capital assets (including intangible assets) for its governmental and business - type activities as of September 30, 2022, totals $370,713,268 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, park facilities, streets, utility lines and wells and intangible assets. The total net increase in the City's investment in capital assets for the current fiscal year was approximately $2.3 million or 0.6% (a 5.0% increase for governmental activities and a 3.7% decrease for business -type activities). Capital assets are summarized as follows: Land Construction in progress Intangible assets Building and improvements Equipment and vehicles Utility lines and wells Infrastructure Leased equipment Total Capital Assets - Net of Accumulated Depreciation/Amortization (Amounts in Thousands) Governmental Activities Business -type Activities Total Primary Government 2022 2021 2022 2021 2022 2021 $ 33,947 $ 32,183 $ 5,132 $ 5,132 $ 39,079 $ 37,315 2,245 1,092 6,712 5,333 8,957 6,425 -- -- 2,910 2,910 2,910 2,910 120,485 121,329 66,378 69,734 186,863 191,063 20,573 19,756 19,489 18,100 40,062 37,856 -- -- 77,700 83,986 77,700 83,986 9,162 8,829 -- -- 9,162 8,829 5,981 -- -- -- 5,981 -- $ 192,393 $ 183,189 $ 178,321 $ 185,195 $ 370,714 $ 368,384 Additional information on the City's capital assets can be found in Note 3.F beginning on page 71. 13 Page 81 of 1165 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Long -Term Liabilities - At the end of the current fiscal year, the City had total outstanding long-term debt (revenue bonds, notes payable, capital lease agreements and installment agreements) of $176,075,907, excluding net unamortized bond premium, as summarized below: Long -Term Liabilities (Amounts in Thousands) The revenue bonds, notes payable and capital leases are secured solely by specified revenue sources and the installment agreements are secured by equipment. The City's long-term debt decreased by approximately $3.1 million, or 1.7% during the current year, primarily due to the repayment of debt during the current year. Additional information on the City's long-term liabilities can be found in Note 3.H. beginning on page 74 FUTURE BUDGETARY OUTLOOK The City considered the following economic factors in developing the 2022/2023 fiscal year budget. • Housing prices are continuing to increase in the City and surrounding areas and the increase in property values is expected to continue for the coming fiscal year. • The City is continuing to see an increase in permit issuance related to new construction and remodeling. • Taxable values are expected to increase for fiscal year 2022/2023 and then start to level off thereafter. • Interest rates are expected to remain favorable, enabling the issuance of additional long-term debt to finance new capital projects. • Adoption of a General Fund budget for the 2022/2023 fiscal year of $103 million, which was an increase of $1 million or 1.0% from the final 2021/2022 budget. • Adoption of a property tax millage rate of 7.85 mills, which is a decrease of 0.04 mills from the 2021/2022 fiscal year. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions or requests for additional inforination should be addressed to: Director of Financial Services, 100 E. Ocean Avenue, Boynton Beach, FL 33435, (561) 742-6310. 14 Page 82 of 1165 Governmental Activities Business -type Activities Total Primary Government 2022 2021 2022 2021 2022 2021 Revenue bonds $ 19,835 $ 23,864 $ 21,170 $ 25,565 $ 41,005 $ 49,429 Loan payable 2,550 -- 50,965 52,330 53,515 52,330 Capital lease (Town Square) 74,866 76,589 328 -- 75,194 76,589 Installment agreements 362 856 -- -- 362 856 Capital lease (Equipment) 5,999 -- -- -- 5,999 -- Total $ 103,612 $ 101,309 $ 72,463 $ 77,895 $ 176,075 $ 179,204 The revenue bonds, notes payable and capital leases are secured solely by specified revenue sources and the installment agreements are secured by equipment. The City's long-term debt decreased by approximately $3.1 million, or 1.7% during the current year, primarily due to the repayment of debt during the current year. Additional information on the City's long-term liabilities can be found in Note 3.H. beginning on page 74 FUTURE BUDGETARY OUTLOOK The City considered the following economic factors in developing the 2022/2023 fiscal year budget. • Housing prices are continuing to increase in the City and surrounding areas and the increase in property values is expected to continue for the coming fiscal year. • The City is continuing to see an increase in permit issuance related to new construction and remodeling. • Taxable values are expected to increase for fiscal year 2022/2023 and then start to level off thereafter. • Interest rates are expected to remain favorable, enabling the issuance of additional long-term debt to finance new capital projects. • Adoption of a General Fund budget for the 2022/2023 fiscal year of $103 million, which was an increase of $1 million or 1.0% from the final 2021/2022 budget. • Adoption of a property tax millage rate of 7.85 mills, which is a decrease of 0.04 mills from the 2021/2022 fiscal year. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions or requests for additional inforination should be addressed to: Director of Financial Services, 100 E. Ocean Avenue, Boynton Beach, FL 33435, (561) 742-6310. 14 Page 82 of 1165 BASIC FINANCIAL STATEMENTS Page 83 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30, 2022 Deferred Inflows of Resources Governmental Business -type Deferred amount related to lease receivable Activities Activities Total Assets 1,622,792 1,549,201 3,171,993 Pooled cash and investments $ 84,046,746 $ 27,674,058 $ 111,720,804 Receivables, net 4,909,598 6,578,634 11,488,232 Lease receivable 3,907,478 3,907,478 Due from other governments 1,957,277 149,935,447 1,957,277 Internal balances 37,247,370 (37,247,370) Prepaid expenses 116,753 20,780 137,533 Inventories 866,747 40,460 907,207 Investment in joint venture 128,392 16,203,740 16,203,740 Restricted assets - pooled cash and investments 6,761,108 51,442,419 51,442,419 Restricted assets - accounts receivable 3,283,519 39,717 39,717 Intangible assets (13,720,076) 2,910,000 2,910,000 Capital assets not being depreciated 36,191,836 11,843,885 48,035,721 Capital assets net of accumulated depreciation/amortization 156,200,838 163,566,709 319,767,547 Total Assets 325,444,643 243,073,032 568,517,675 Deferred Outflow of Resources Deferred charges on debt refundings 926,725 997,328 1,924,053 Deferred amount related to OPEB 314,979 300,696 615,675 Deferred amounts related to pensions 64,385,068 10,073,763 74,458,831 Total Deferred Outflows of Resources 65,626,772 11,371,787 76,998,559 Liabilities Accounts payable and accrued liabilities 5,975,093 1,236,423 7,211,516 Accrued interest payable 93,641 662,719 756,360 Unearned revenue 11,864,263 44,906 11,909,169 Refundable deposits 99,574 163,749 263,323 Customer deposits 1,615,807 1,615,807 Due to other governments 35,607 98,482 134,089 Other payables 17,595 17,595 Noncurrent liabilities: Due within one year: Bonds and notes payable 4,121,000 6,105,000 10,226,000 Capital leases and installment agreements 2,879,534 76,995 2,956,529 Compensated absences 962,499 188,204 1,150,703 Provision for insurance losses 2,288,097 2,288,097 Due in more than one year: Bonds and notes payable 18,264,000 66,030,000 84,294,000 Capital leases and installment agreements 78,347,883 251,495 78,599,378 Compensated absences 6,441,337 1,259,518 7,700,855 Provision for insurance losses 4,437,878 4,437,878 Total OPEB liability 4,918,462 4,695,419 9,613,881 Net pension liability 155,720,184 12,796,129 168,516,313 Total Liabilities 296,449,052 95,242,441 391,691,493 Deferred Inflows of Resources Deferred amount related to lease receivable 3,715,658 3,715,658 Deferred amount related to OPEB 1,622,792 1,549,201 3,171,993 Deferred amounts related to pensions 747,935 143,631 891,566 Total Deferred Inflows of Resources 6,086,385 1,692,832 7,779,217 Net Position Net investment in capital assets 89,706,982 149,935,447 239,642,429 Restricted for: Public safety 864,281 864,281 Grant programs 1,511,772 1,511,772 Debt service 128,392 128,392 Capital projects 6,761,108 6,761,108 Other purposes 3,283,519 3,283,519 Unrestricted (deficit) (13,720,076) 7,574,099 (6,145,977) Total Net Position $ 88,535,978 $ 157,509,546 $ 246,045,524 The accompanying notes are an integral part of these financial statements. 15 Page 84 of 1165 •-� Cr D1 V-; Vl N �n �n O r C �O �G MN •-� — N 7 r r N N �c O w n N M O, c dl D,, V O v1 x N V n M vi O x 00 V o x oc C C O N N r N Vl V9 .--i x M 1p V V1 M--� 01 V1 r l0 V1 M x l0 O x N r 0 x O> M tai r a m x x 1p N r N M Vl V — �-• r x 69 Oo0 m r xx o, vl N N_ � Q1 c+l N N x v O N m �O r x of r r r1.0 01 7 N x N � �O N N O 7 h C N r lO N V c/1 N Cl M M V1 N O r M C6 V N oc h N x 7 O O 0 7 •--� M bf; � C Q` V O M �' T N r 7 01 • � � F N x y Y aJ N O N M Vr �O N l 01 JG Vl Vl O eC bbh ',^ iii V N r r 7 a L) �C70.0. 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V y Y SV. � N si, AI AI m � � x r N x � O M Vl > •'�" = cC � O � c0 c6 it cC V1 ti �p C, Og 0 LO cc r O LO 00 rcmmxr o, r xx o, vl N �vrA N -��lmx x x v r vcV oo v m o r x of c v� 01 x x m x :7 lO 7 14; In N r lO O V c/1 N Cl M M C, Ic N O Ol 10 Ol W Ei7 4A d y Y N O eC bbh -O C iii o c o E �C70.0. W U 0 LO cc r O LO 00 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2022 The accompanying notes are an integral part of these financial statements. 17 Page 86 of 1165 Boynton Other Beach American Non -Major Total General CRA Special Rescue Governmental Governmental Fund Revenue Fund Fund Funds Funds Assets Pooled cash and investments $ 17,020,903 $ 3,853,974 $ 11,031,292 $ 41,572,834 $ 73,479,003 Receivables, net 4,025,725 6,147 877,219 4,909,091 Lease receivable 3,907,478 3,907,478 Due from other govennnents 746,859 1,210,418 1,957,277 Due from other funds 2,870,529 2,870,529 Prepaid items 25,730 51,332 39,691 116,753 Total Assets $ 28,597,224 $ 3,911,453 $ 11,031,292 $ 43,700,162 $ 87,240,131 Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities: Accounts payable $ 1,075,596 $ 97,281 $ $ 1,095,043 $ 2,267,920 Accrued liabilities 1,960,470 7,831 1,968,301 Due to other funds 1,600,000 805,741 2,405,741 Due to other governments 35,607 35,607 Refundable deposits 83,248 13,396 2,930 99,574 Unavailable revenue 1,227,091 -- 9,431,342 1,205,830 11,864,263 Total Liabilities 4,346,405 110,677 11,031,342 3,152,982 18,641,406 Deferred Inflows of Resources Deferred inflows related to leases 3,715.658 -- 3,715,658 Total Deferred Inflows of Resources 3,715,658 -- 3,715,658 Fund Balances Nonspendable Prepaid items 25,730 51,332 39,691 116,753 Restricted for: Public safety 864,281 864,281 Grant prograins 1,511,772 1,511,772 Debt service 128,392 128,392 Capital projects 6,761,108 6,761,108 Other purposes 3,283,519 3,283,519 Committed for: Emergency purposes 8,324,107 8,324,107 Economic development 827,605 827,605 Capital projects 4,767,379 4,767,379 Assigned to: Subsequent year's budget 118,100 118,100 Economic development 2,921,839 2,921,839 Debt service 5,544,715 5,544,715 Public safety 2,857,821 2,857,821 Culture and recreation 577,730 577,730 Public art 225,719 225,719 Cemetery maintenance 2,553,444 2,553,444 Capital projects 12,200,260 12,200,260 Unassigned (deficit) 12,067,224 -- (50) (768,651) 11,298,523 Total Fund Balances 20,535,161 3,800,776 (50) 40,547,180 64,883,067 Total Liabilities, Deferred Inflow of Resources and Fund Balances $ 28 597,224 $ 3,911,453 $ 11,031,292 $ 43,700,162 $ 87,240,131 The accompanying notes are an integral part of these financial statements. 17 Page 86 of 1165 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION OF GOVERNMENTAL ACTIVITIES SEPTEMBER 30, 2022 Fund balances reported in the Balance Sheet of total governmental funds. $ 64,883,067 Amounts reported as fund balance in the governmental funds Balance Sheet (above) are different from the total net position for governmental activities in the Statement of Net Position (below) because of a different measurement focus and basis of accounting between the two statements resulting in the following increases and decreases. Increases: Capital assets are not financial resources. Therefore, they are not reported in the Balance Sheet of governmental 181,634,029 fiords. However, they are reported in the Statement of Net Position of governmental activities. The City uses internal service funds to charge the costs of fleet management, risk management, and warehouse 11,701,674 services to individual governmental and enterprise funds. The majority of these costs are charged to governmental funds. Therefore, the total net position of internal service funds are included with governmental activities in the Statement of Net Position. The internal service funds have operations with cumulative positive income results over the years; primarily for 37,247,370 excess service charges to governmental funds to pre -fund fleet replacement. Those excess charges have reduced the fund balances reported in the Balance Sheet of total governmental funds above. Since internal service funds should operate at abreak-even basis, the cumulative excess charges are added back to the above fund balances. Deferred outflows of resources for deferred charges on debt refundings are reported in the Statement of Net 926,725 Position but are recognized in the governmental funds as proceeds and repayment of debt. The net pension liability (asset) and deferred outflows and inflows of resources related to defined benefit pension plans and other postemployment benefits are reported in the statement of net position. Because the net pension liability (asset) and other postemployment benefits liability do not represent available, spendable resources, they are not reported in governmental funds. Net pension liability (153,715,524) OPEB liability (4,183,000) Deferred outflows related to other postemployment benefits 267,880 Deferred outflows related to pensions 62,806,898 Deferred inflows related to other postemployment benefits (1,380,134) Deferred inflows related to pensions (725,434) Decreases: Governmental funds recognize the proceeds and the repayment of noncurrent bonds and notes payable, capital (103,612,417) leases and installment agreements as a change in fund balance included above. However, governmental activities report noncurrent bonds and notes payable, capital leases and installment agreements payable as liabilities in the Statement of Net Position thus decreasing the fund balance of governmental funds. Governmental funds do not recognize interest on the above noncurrent debt as an expense and an accrued liability (93,641) until it is due and payable. However, accrued interest is reported as an expense and liability in the government -wide financial statements. Compensated absences that are not due and payable in the current period are not reported in the governmental funds. However, they are reported as a liability in the Statement of Net Position for governmental activities thus reducing net position. (7,221,515) Net position reported in the Statement of Net Position of governmental activities. $ 88,535,978 The accompanying notes are an integral part of these financial statements. N Page 87 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 The accompanying notes are an integral part of these financial statements. 19 Page 88 of 1165 Boynton Other Beach American Non -Major Total General CRA Special Rescue Governmental Governmental Fund Revenue Fund Fund Funds Funds Revenues Taxes, net of tax increment revenue $ 44,379,003 $ -- $ $ 12,402,079 $ 56,781,082 Tax increment revenue -- 15,918,708 -- 15,918,708 Licenses and permits 5,705,014 -- 5,140,954 10,845,968 Intergovernmental 14,720,528 -- 4,069,999 8,770,629 27,561,156 Charges for services 11,299,436 2,094,230 -- 814,205 14,207,871 Special assessment 6,955,523 -- -- 6,955,523 Fines and forfeitures 450,281 2,718,895 3,169,176 Rents and royalties 710,642 -- -- 710,642 Investment earnings 145,195 177,668 488,368 811,231 Donations -- -- 232,526 232,526 Miscellaneous 4,635,731 -- -- 29,111 4,664,842 Total Revenues 89,001,353 18,190,606 4,069,999 30,596,767 141,858,725 Expenditures Current: General government 14,538,168 4,010,305 571,170 1,128,451 20,248,094 Public safety 70,127,040 -- 1,883,489 3,132,760 75,143,289 Physical environment 1,739,285 -- 124,132 1,863,417 Economic environment 1,030,363 15,390 8,365,134 9,410,887 Culture and recreation 10,277,040 -- 1,431,811 11,708,851 Capital outlay 809,331 15,543,270 16,352,601 Debt service: Principal retirement 1,648,700 5,330,080 6,978,780 Interest charges 2,785,390 -- -- 614,242 3,399,632 Total Expenditures 102,955,317 4,010,305 2,470,049 35,669,880 145,105,551 Excess (Deficiency) of Revenues Over Expenditures (13,953,964) 14,180,301 1,599,950 (5,073,113) (3,246,826) Other Financing Sources (Uses) Transfers in 21,649,500 -- -- 15,935,575 37,585,075 Transfers out (3,462,200) (14,239,631) (1,600,000) (12,157,336) (31,459,167) Proceeds from capital leases 427,793 6,303,514 6,731,307 Issuance of installment debt -- 2,550,000 2,550,000 Total Other Financing Sources (Uses) 18,615.093 (14,239,631) (1,600,000) 12,631,753 15,407,215 Net Change in Fund Balances 4,661,129 (59,330) (50) 7,558,640 12,160,389 Fund Balances - Beginning of Year 15,874,032 3,860,106 -- 32,988,540 52,722,678 Fund Balances- End of Year $ 20,535,161 $ 3,800,776 $ (50) $ 40,547,180 $ 64,883,067 The accompanying notes are an integral part of these financial statements. 19 Page 88 of 1165 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2022 Net change in fund balances reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds $ 12,160,389 Amounts reported as changes in fund balances in the governmental funds Statement of Revenues, Expenditures, and Changes in Fund Balances (above) are different from the change in net position of governmental activities in the Statement of Activities (below) since a different measurement focus and basis of accounting between the two statements results in the following increases and decreases. Increases: Capital outlay, reported as expenditures in governmental funds, is reported as capital assets in the Statement of Net Position rather than expenses. 16,352,601 The City uses internal service funds to charge the costs of fleet management, risk management, and warehouse services to individual governmental and enterprise funds. The net revenue of certain activities of internal service funds are included with szovernmental activities in the Statement of Activities. Transfers $ 6,132,199 Nonoperating revenue 1,791,127 Consolidation of operating loss related to governmental funds (2,923,454) 4,999,872 Governmental funds recognize the repayment of noncurrent bonds, notes, capital leases and installment agreements payable as a change in fund balance included above, however, the repayment has no effect on the change in net position of governmental activities below. Issuance of installment agreements $ (2,550,000) Issuance of capital lease agreements (6,731,307) Repayment of noncurrent bonds, notes, installment agreements and capital leases 6,978,780 (2,302,527) Decreases: Depreciation expense on governmental capital assets included in the Governmental Activities in the Statement of Activities below, but not included in the net change in fund balances reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds above. Depreciation expense Governmental funds report certain debt related items as revenues and expenditures when those items are first incurred because they provide or require the use of current financial resources. As a result, the impact of those items has been included in the above net change in fund balance. However, these items must be amortized over the life of the related debt when reported in the Statement of Activities. Amortization of deferred charges on debt refundings Some expenses reported in the statement of activities are not reported in the funds because they have no effect on current financial resources. Accrued interest on noncurrent debt $ 17,631 Compensated absences expenses 528,720 Other postemployment benefits Pension expense The net effect of transactions involving capital asset dispositions (i.e., sales and trade-ins). Change in Net Position of Governmental Activities (7,951,778) (207,828) 1,265,649 (10,279,936) (8,467,936) (373,168) $ 14,209,625 The accompanying notes are an integral part of these financial statements. 20 Page 89 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUDGETARY BASIS GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Expenditures Actual Variance with General government: Original Final (Budgetary Final Budget Mayor and commission Budget Budget Basis) Positive (Negative) Revenues 763,425 1,002,337 990,108 12,229 Taxes, net oftax increment revenue $ 44,812,984 $ 44,812,984 $ 44,379,003 $ (433,981) Licenses and permits 5,607,000 5,607,000 5,705,014 98,014 Intergovernmental 10,119,300 12,484,785 12,694,904 210,119 Charges for services 8,737,026 8,737,026 11,299,436 2,562,410 Special assessments 6,784,000 6,784,000 6,955,523 171,523 Fines and forfeitures 500,000 500,000 450,281 (49,719) Rents and royalties 442,800 442,800 710,642 267,842 Investment earnings 192,000 192,000 145,195 (46,805) Miscellaneous 4,388,000 4,388,000 4,635,731 247,731 Appropriated fund balance (835,917) (589,057) -- 589,057 Total Revenues W747193 83,359,538 86.975,729 3,616,191 Expenditures General government: Mayor and commission 301,229 316,229 326,121 (9,892) City manager 763,425 1,002,337 990,108 12,229 Public affairs 539,699 446,901 358,334 88,567 City clerk 768,626 848,126 818,045 30,081 Financial seances 1,656,679 1,667,679 1,639,886 27,793 Information technology 2,945,942 2,945,942 2,723,851 222,091 Human resources 1,086,164 1,085,164 951,366 133,798 Professional development 144,679 228,799 105,028 123,771 City attorney 615,045 694,120 671,852 22,268 Planning and zoning 835,472 885,611 860,563 25,048 Facilities management 2,446,545 2,343,344 2,228,118 115,226 City hall general administrative 3,387,420 2,972,933 2,719,836 253,097 Town Square 4.334.834 157.374 145.060 12,314 Total general government 19,825,759 15,594,559 14538.168 1,056,391 Public safety: Police 37,409,527 38,267,233 38,882,206 (614,973) Fire 26,269,601 27,881,078 27,762,327 118,751 Protective inspections 1.598.962 1.540.199 1,456.883 83,316 Total public safety 65,278,090 67,688,510 68,101,416 (412,906) Physical environment: Public works 363,513 379,378 343,207 36,171 Streets maintenance 1328,743 1,419,593 1,396,078 23,515 Total physical environment 1,691256 1,798,971 1.739,285 59,686 Economic environment: Other economic environment 1,125,098 1,204,485 1,030,363 174,122 Total economic environment 1,125,098 1,204,485 1.030,363 174,122 Culture and recreation: Library 2,426,739 2,424,789 2,407,577 t7,2 t2 Recreation 3,792,196 3,690,553 3,662,733 27,820 Schoolhouse museum 289,349 298,474 292,450 6,024 Forestry and grounds 3,971,083 4,079,608 3,914,280 165,328 Total culture and recreation 10.479,367 10,493,424 10277.040 216,384 Capital outlay Capital outlay 541,960 449.470 809.331 (359,861) Total capital outlay 541,960 449,470 809.331 (359,861) Debt service Principal retirement -- 1,539,293 1,648,700 (109,407) Interest charges 2,784,162 2.785.390 (1,228) Total debt service 4,323,455 4,434,090 (110,635) Total Expenditures 98,942,530 101,552,874 100929.693 623,181 Excess (Deficiency) of Revenues Over Expenditures (18,195,337) (18,193,336) (13,953,964) 4,239,372 Other Financing Sources (Uses) Transfers in 21,649,500 21,649,500 21,649,500 -- Transfers out (3,454,163) (3,456,164) (3,462,200) (6,036) Proceeds from capital leases 427,793 427,793 Total Other Financing Sources and Uses 18,195,337 18,193,336 18,615,093 421,757 Net Change in Fund Balance $ -- $ -- $ 4.661,129 $ 4,661,129 The accompanying notes are an integral part of these financial statements. 21 Page 90 of 1165 CITY OF BOYNTON BEACH, FLORIDA BOYNTON BEACH CRA SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 The accompanying notes are an integral part of these financial statements. 22 Page 91 of 1165 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Tax increment revenue $ 15,801,715 $ 15,801,715 $ 15,918,708 $ 116,993 Charges for services 1,000,000 1,000,000 2,094,230 1,094,230 Investment earnings 100,000 1,235,316 177,668 (1,057,648) Total Revenues 16,901,715 18,037,031 18,190,606 153,575 Expenditures Current General government 3,797,400 3,797,400 4,010,305 (212,905) Total Expenditures 3,797,400 3,797,400 4,010,305 (212,905) Revenues Over Expenditures 13,104,315 14,239,631 14,180,301 (59,330) Other Financing Uses Transfers out (13,104,315) (14,239,631) (14,239,631) -- Total Other Financing Uses (13,104,315) (14,239,631) (14,239,631) Net Change in Fund Balance $ $ (59,330) $ (59,330) Fund Balance - Beginning of Year 3,860,106 Fund Balance - End of Year $ 3,800,776 The accompanying notes are an integral part of these financial statements. 22 Page 91 of 1165 CITY OF BOYNTON BEACH, FLORIDA Assets Current assets: Pooled cash and investments Accounts receivable, net Other receivables Prepaid expenses Inventories Total current assets Restricted assets: Restricted pooled cash and investments: Customer deposits Revenue bond covenants Capital improvements Restricted accounts receivable Total restricted assets Total current assets Noncurrent assets: Investment in joint venture Intangible assets Capital assets not being depreciated Capital assets, net of accumulated depreciation/amortization Total noncurrent assets Total Assets Deferred Outflows of Resources Deferred charges on debt refundings Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Outflows of Resources STATEMENT OF NET POSITION PROPRIETARY FUNDS SEPTEMBER 30, 2022 Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 25,084,643 $ 1,848,532 5,287,771 1,290,663 12,075 30,384,489 3,139,195 $ 740,883 $ 27,674,058 $ 10,567,743 200 6,578,634 507 8,705 20,780 40,460 40,460 866,747 790,248 34,313,932 11,434,997 1,576,090 1,576,090 6,767,719 6,767,719 43,098,610 43,098,610 51,442,419 51,442,419 39,717 39,717 51,482,136 51,482,136 81,866,625 3,139,195 790,248 85,796,068 11,434,997 16,203,740 16,203,740 2,910,000 2,910,000 10,487,418 1,356,467 11,843,885 57,226 162,671,277 2,435 892,997 163,566,709 10,701,419 192,272,435 2,435 2,249,464 194,524,334 10,758,645 274,139,060 3,141,630 3,039,712 280,320,402 22,193,642 997,328 997,328 213,516 71,480 15,700 300,696 47,099 7,153,486 2,39.5,105 525,172 10,073,763 1,578,170 8,364,330 2,466,585 540,872 11,371,787 1,625,269 (Continued) The accompanying notes are an integral part of these financial statements. 23 Page 92 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION PROPRIETARY FUNDS (CONTINUED) SEPTEMBER 30, 2022 Current liabilities payable from Business -type Activities - Enterprise Funds Governmental restricted assets: Non -Major Activities - Customer deposits Fund Internal 1,615,807 Water and Sanitation Golf Course Service 6,105,000 Sewer Fund Fund Fund Total Funds Liabilities Contracts payable 17,595 Current liabilities: 8,401,121 -- Accounts payable $ 801,047 $ 204,086 $ 25,033 $ 1,030,166 $ 1,709,238 Accrued liabilities 143,623 44,433 18,201 206,257 29,634 Unearned revenues Revenue bonds payable, less current 44,906 44,906 Provision for insurance losses, maturities, plus unamortized premium 66,030,000 current portion Capital lease, less current portion 2,288,097 Refundable deposits 163,749 Provision for insurance losses, 163,749 Capital lease, current portion less current portion 76,995 76,995 Compensated absences payable, 4,437,878 Compensated absences payable, current portion 124,941 44,059 19,204 188,204 47,275 Due to other governments 98,482 -- -- 98,482 -- Due to other funds 735,462 -- -- 3,042,366 464,788 12,796,129 1,331,842 292,578 184,339 1,808,759 4,539,032 Current liabilities payable from restricted assets: Customer deposits 1,615,807 1,615,807 Revenue bonds, current maturities 6,105,000 6,105,000 Accrued revenue bond interest 662,719 662,719 Contracts payable 17,595 17,595 8,401,121 -- 8,401,121 Total Current Liabilities 9,732,963 292,578 184,339 10,209,880 4,539,032 Noncurrent liabilities: Revenue bonds payable, less current maturities, plus unamortized premium 66,030,000 66,030,000 Capital lease, less current portion 251,495 251,495 Provision for insurance losses, less current portion 4,437,878 Compensated absences payable, less current portion 836,141 294,856 128,521 1,259,518 135,046 Total OPEB liability 3,334,093 1,116,172 245,154 4,695,419 735,462 Net pension liability 9,086,666 3,042,366 667,097 12,796,129 2,004,660 Total noncurrent liabilities 79,286,900 4,453,394 1,292,267 85,032,561 7,313,046 Total Liabilities 89,019,863 4,745,972 1,476,606 95,242,441 11,852,078 Deferred Inflows of Resources Deferred amount related to OPEB 1,100,047 368,268 80,886 1,549,201 242,658 Deferred amounts related to pensions 101,994 34,149 7,488 143,631 22,501 Total Deferred Inflows of Resources 1,202,041 402,417 88,374 1,692,832 265,159 Net Position Net investment in capital assets 148,012,038 2,435 1,920,974 149,935,447 10,758,645 Unrestricted 44,269,448 457,391 94,630 44,821,469 943,029 Total Net Position $ 192,281,486 $ 459,826 $ 2,015,604 $ 194,756,916 $ 11,701,674 The accompanying notes are an integral part of these financial statements. 24 Page 93 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Operating Revenues Charges for services: Water sales Sewer service Stormwater utility fees Garbage fees Recycling fees Cart and green fees Dues Other services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Investment earnings Interest expense Equity in loss of Regional Wastewater Joint Venture Intergovernmental Gain (loss) on disposal of capital assets Miscellaneous income Total Nonoperating Revenues (Expenses) Income (Loss) Before Contributions and Transfers Capital contributions Transfers Transfers in Transfers out Total Transfers Change in Net Position Net Position - Beginning of Year Net Position - End of Year Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service SewerFund Fund Fund Total Funds $ 25,146,423 $ $ $ 25,146,423 $ 19,802,396 19,802,396 5,853,160 5,853,160 13,359,166 13,359,166 55,320 55,320 2,371,864 2,371,864 388,813 388,813 336,441 336,441 11,311,370 50,801,979 13,414,486 3,097,118 67,313,583 11,311,370 11,726,516 3,996,328 1,285,718 17,008,562 2,630,559 17,731,151 6,619,599 813,400 25,164,150 10,150,566 13,060,131 2,349 125,669 13,188,149 4,358,429 42,517,798 10,618,276 2,224,787 55,360,861 17,139,554 8,284,181 2,796,210 872,331 11,952,722 (5,828,184) 42,628 2,265 1,003 45,896 6,989 (1,606,287) (9,732) (1,616,019) (446,769) (446,769) 2,834 2,834 (19,100) (51,790) (70,890) 1,126,602 78,249 -- 78,249 657,536 (1,948,445) 2,265 (60,519) (2,006,699) 1,791,127 6,335,736 2,798,475 811,812 9,946,023 (4,037,057) 427,031 427,031 10,000 10,000 6,145,068 (9,331,192) (2,715,618) (221,297) (12,268,107) (12,869) (9,331,192) (2,705,618) (221,297) (12,258,107) 6,132,199 (2,568,425) 92,857 590,515 (1,885,053) 2,095,142 194,849,911 366,969 1,425,089 196,641,969 9,606,532 $ 192,281,486 $ 459,826 $ 2,015,604 $ 194,756,916 $ 11,701,674 The accompanying notes are an integral part of these financial statements. 25 Page 94 of 1165 CITY OF BOYNTON BEACH, FLORIDA RECONCILIATION OF THE TOTAL ENTERPRISE FUNDS TO THE GOVERNMENT -WIDE STATEMENTS OF BUSINESS -TYPE ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Amounts Reported for Total Enterprise Funds The City uses internal service funds to charge the costs of fleet management, risk management, and warehouse services to individual governmental and enterprise funds. The operating income (loss) of certain activities of internal service funds related to enterprise funds are included with business -type activities in the Statement of Activities. The following reflect the consolidation of internal service fund activities related to enterprise funds. Current year adjustment Cumulative prior year adjustments Net Position/Change in Net Position of Business -type Activities Statement of Net Position Statement of Revenues, Expenses, and Changes in Net Position $ 194,756,916 $ (1,885,053) (2,904,730) (2,904,730) (34,342,640) -- $ 157,509,546 $ (4,789,783) The accompanying notes are an integral part of these financial statements. 26 Page 95 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 The accompanying notes are an integral part of these financial statements. 27 Page 96 of 1165 Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds Cash Flows From Operating Activities Receipts from customers and users $ 52,015,199 $ 13,437,353 $ 3,124,585 $ 68,577,137 $ Receipts from interfund services provided 11,524,112 Receipts from others 81,083 81,083 657,536 Payments to suppliers (16,942,040) (3,976,408) (685,513) (21,603,961) (8,581,591) Payments to employees (10,630,145) (3,794,439) (1,150,282) (15,574,866) (2,273,863) Payments for interfund services used (862,592) (2,836,901) (143,062) (3,842,555) (347,485) Net Cash Provided by Operating Activities 23,661,505 2,829,605 1,145,728 27,636,838 978,709 Cash Flows From Non -Capital Financing Activities Loans to other funds (13,845) (13,845) Transfers in 10,000 10,000 6,145,068 Transfers out (9,331,192) (2,715,618) (221,297) (12,268,107) (12,869) Net Cash Provided by (Used in) Non -Capital Financing Activities (9,331,192) (2,705,618) (235,142) (12,271,952) 6,132,199 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (5,804,383) (3,338) (489,464) (6,297,185) (5,535,636) Proceeds from sale of capital assets 1,127,642 Capital contributions 427,031 427,031 Proceeds from issuance of capital lease 318,758 318,758 Principal payments on revenue bonds (5,844,712) (5,844,712) Interest payments on revenue bonds (1,457,618) (1,457,618) Net Cash Used in Capital and Related Financing Activities (12,679,682) (3,338) (170,706) (12,853,726) (4,407,994) Cash Flows From Investing Activity Interest on pooled cash and investments 42,628 2,265 1,003 45,896 6,989 Net Cash Provided by Investing Activity 42,628 2,265 1,003 45,896 6,989 Increase in Pooled Cash and Investments 1,693,259 122,914 740,883 2,557,056 2,709,90.3 Pooled cash and investments - beginning of year 74,833,803 1,725,618 -- 76,559,421 7,857,840 Pooled cash and investments - end of year $ 76,527,062 $ 1,848,532 $ 740,883 $ 79,116,477 $ 10,567,743 Reconciliation of Pooled Cash and Investments to Statement of Net Position Pooled cash and investments $ 25,084,643 $ 1,848,532 $ 740,883 $ 27,674,058 $ 10,567,743 Restricted pooled cash and investments 51,442,419 51,442,419 Pooled Cash and Investments - End of Year $ 76,527,062 $ 1,848,532 $ 740,883 $ 79,116,477 $ 10,567,743 (Continued) The accompanying notes are an integral part of these financial statements. 27 Page 96 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Reconciliation of Operating Income (Loss) to Net Cash Provided By Operating Activities Operating income (loss) Adjustments to reconcile operating income to Net Cash Provided By (used in) operating activities: Depreciation/amortization Provision for doubtful accounts Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable Prepaid expenses Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Due to other funds Unearned revenues Refundable deposits Due to other governments Provision for insurance losses Customer deposits Compensated absences payable OPEB Net pension liability Total adjustments Net Cash Provided by Operating Activities Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture Gain (loss) on disposal of capital assets Amortization of bond premiums Amortization of charges on refundings Business -type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 8,284,181 $ 2,796,210 $ 872,331 $ 11,952,722 $ (5,828,184) 13,060,131 2,349 125,669 13,188,149 4,358,429 (52,448) (52,448) 81,083 81,083 657,536 1,245,670 22,867 2,425 1,270,962 143 65,335 (8,705) 56,630 (10,467) (10,467) (56,680) 1,021,103 347,065 74,091 1,442,259 222,272 (11,436,825) (4,013,662) (811,462) (16,261,949) (2,435,361) (157,298) (193,710) 3,997 (347,011) 1,037,680 (282,293) (97,426) (25,822) (405,541) (71,133) - (109,742) 25,042 25,042 5,272 5,272 18,482 18,482 - 350,232 14,726 14,726 (61,267) 9,604 21,537 (30,126) 7,293 43,999 (113,027) 27,445 (41,583) 82,336 11,811,654 4,069,335 849,647 16,730,636 2,551,289 15,377,324 33,395 273,397 15,684,116 6,806,893 $ 23,661,505 $ 2,829,605 $ 1,145,728 $ 27,636,838 $ 978,709 $ (446,769) $ (19,100) 84,712 (87,153) (51, 790) (446,769) $ (70,890) 1,126,602 84,712 (87,1531) The accompanying notes are an integral part of these financial statements. 28 Page 97 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS SEPTEMBER 30, 2022 Total investments 444,933,948 Interest and dividends receivable 236,134 Pending trades receivable 1,774,421 DROP loans 307,025 Prepaid expenses 990,193 Total Assets 449,023,285 Liabilities Accounts payable 547,067 Prepaid employees contributions -- Pending trades payable 975,689 Total Liabilities 1,522,756 Net Position Restricted for Pension Benefits $ 447,500,529 The accompanying notes are an integral part of these financial statements. 29 Page 98 of 1165 Total Pension Trust Funds Assets Cash $ 623,003 Investments: Money market mutual funds 6,709,560 U.S. Government and Agency obligations 24,370,249 Mortgage-backed securities 1,505,014 Corporate obligations 11,007,635 Equity securities 69,120,646 Equity mutual funds 82,658,138 Equity investment funds 119,602,877 International equity investment funds 19,149,510 Fixed income investment funds 35,753,669 Real estate investment funds 75,056,650 Total investments 444,933,948 Interest and dividends receivable 236,134 Pending trades receivable 1,774,421 DROP loans 307,025 Prepaid expenses 990,193 Total Assets 449,023,285 Liabilities Accounts payable 547,067 Prepaid employees contributions -- Pending trades payable 975,689 Total Liabilities 1,522,756 Net Position Restricted for Pension Benefits $ 447,500,529 The accompanying notes are an integral part of these financial statements. 29 Page 98 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION PENSION TRUST FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Total contributions 26,638,202 Investment earnings: Net depreciation in fair value of investments Total Interest and dividends Pension Miscellaneous Trust Funds Additions (73,996,922) Contributions: Employer $ 19,369,390 Plan members 5,243,188 State 2,025,624 Total contributions 26,638,202 Investment earnings: Net depreciation in fair value of investments (81,589,070) Interest and dividends 7,595,714 Miscellaneous (3,566) (73,996,922) Less investment expenses: Investment expenses 1,981,462 Net investment loss (75,978,384) Total Additions (Reductions) (49,340,182) Deductions Benefits paid 29,097,416 Refunds of contributions 480,763 Administrative expenses 532,107 Total Deductions 30,110,286 Change in Plan Net Position (79,450,468) Net position restricted for pension benefits - beginning of year 526,950,997 Net position restricted for pension benefits - end of year $ 447,500,529 The accompanying notes are an integral part of these financial statements. 30 Page 99 of 1165 Page 100 of 1165 NOTES TO FINANCIAL STATEMENTS Page 101 of 1165 Page 102 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. REPORTING ENTITY The City of Boynton Beach (the "City") is a Florida municipality established in 1920 by the Laws of Florida, Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes. The City is governed by an elected five -member Commission and provides a full range of municipal services including public safety, planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements, water, wastewater and stormwater services, and general administration functions. Under governmental accounting and financial reporting standards, the reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the City's financial statements to be misleading or incomplete. The primary government is financially accountable if it appoints a voting majority of an organization's governing body and imposes its will on that organization. The primary government may also be financially accountable if an organization is fiscally dependent on the primary government regardless of the authority of the organization's governing board. Legally separate organizations outside of the primary government, which meet the criteria for financial accountability, are component units of the reporting entity. The accompanying financial statements present the City as the primary government, with its blended component unit, the Boynton Beach Community Redevelopment Agency (CRA), and a joint venture, the South Central Regional Wastewater Treatment and Disposal Board (the "Board"). Blended Component Unit. The Boynton Beach Community Redevelopment Agency operates under the authority of Florida Statutes Chapter 163, Part HI and City Ordinance Number 83-41 to finance and develop certain targeted areas in the City. The City is financially accountable for the CRA and in accordance with City Ordinance Number 11-009 and pursuant to Florida Statutes, Section 163.357, the Mayor and City Commissioners plus two (2) additional members appointed by the City Commission comprise the governing board of the CRA, and the City approves the CRA's budget and guarantees the CRA's debt. Accordingly, the CRA meets the criteria to blend its activities with the funds of the City's financial statements. The CRA has a September 30 year-end and issues separate, audited financial statements which are available from the CRA at 710 North Federal Highway, Boynton Beach, Florida 33435. 31 Page 103 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUINIMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) A. REPORTING ENTITY Joint Venture. The South Central Regional Wastewater Treatment and Disposal Board is an independent special district created by the cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment facility serving both cities. The Board's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach, who exercise equal control and oversight. The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting as discussed in Note 3.D. The Board has a September 30 year-end and issues separate, audited financial statements which are available at their administrative offices located at 1801 North Congress Avenue, Delray Beach, Florida 33445. Related Organizations. The Quantum Park Overlay Dependent District (the "QPODD") was created on October 18, 2005 by City Ordinance 05-061. The Quantum Community Development District ("QCDD") was created on July 16, 1991 by City Ordinance 091-48. The High Ridge/Quantum Community Development District ("High Ridge CDD") was created on August 17, 2004, by City Ordinance 04-062. The QPODD, QCDD and High Ridge CDD are collectively referred to as the Districts and were formed pursuant to the Florida Uniform Dependent District Act of 1980. Members of each District's governing body are elected at a bi-annual meeting of the landowners in the respective District's area, although members of the governing body are subject to removal by the City Commission. The City does not provide funding, approve budgets, retain any financial interest or have any obligation for debt and cannot impose its will on the Districts. Accordingly, the three Districts are not included in the City's financial reporting entity. B. GOVERNMENT -WIDE FINANCIAL STATEMENTS The government -wide financial statements include the statement of net position and the statement of activities that encompass all non -fiduciary activities of the City. Both statements report separate information on the governmental activities and the business -type activities of the City and its blended component unit. Governmental activities are functions primarily supported by taxes and grants. Business -type activities are those functions supported by charges for services and user fees. The statement of activities demonstrates the degree to which the direct expenses of a given function or program are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or program. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or program, and 2) grants and contributions 32 Page 104 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUINIMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) B. GOVERNMENT -WIDE FINANCIAL STATEMENTS (CONTINUED) that are restricted to meeting the operational or capital requirements of a particular function or program. Taxes and other items not included among program revenues are reported as general revenues. C FUND FINANCIAL STATEMENTS The basic financial statements include separate fund financial statements for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government -wide financial statements. The governmental funds and enterprise funds financial statements report major funds as separate columns in the respective fund financial statements. The City reports the following funds as major governmental funds: The General Fund (the City's primary operating fund) accounts for all financial resources of the general government, except those required to be accounted for in another fund. The Bovnton Beach CRA Special Revenue Fund accounts for the activity and redevelopment projects of the CRA covering a specified redevelopment area in downtown Boynton Beach. The American Rescue Fund accounts for revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ARPA), which was signed into law on March 11, 2021. The City reports the following major proprietary funds: The Water and Sewer Fund accounts for the activities related to providing water, wastewater and stormwater services to the public. The Sanitation Fund accounts for the activities related to providing trash collection and disposal services to the public. Additionally, the City reports the following fund types: Internal Service Funds account for the activities related to providing fleet services, risk management, and warehouse services to other departments of the City. Pension Trust Funds account for the activities of the City's three defined benefit pension funds which accumulate resources for pension benefit payments to City employees. 33 Page 105 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. MEASUREMENT FOCUSAND BASIS OFACCOUNnNG The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Water and sewer and other proprietary fund revenues are recognized as earned when the services are provided. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues available if collected within 60 days of the end of the current fiscal year. Property taxes, franchise taxes, public service taxes, state shared revenues and charges for services and investment income associated with the current fiscal period are all considered susceptible to accrual and are recognized as revenues of the current fiscal period. For special assessments, only the portion of the special assessment receivable due within the current fiscal period is considered susceptible to accrual as revenue of the current fiscal period. Business taxes and other revenues collected in advance of periods to which they relate are recorded as unavailable revenues, a deferred inflow of resources. Grant revenue is recorded when the related expenditures/expenses are incurred and the eligibility requirements have been met. All other revenue items are measurable and available only when the City receives the cash. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. E. FINANCIAL STATEMENT PRESENTATION The City maintains its accounting records in accordance with the principles and policies applicable to governmental entities set forth by the Governmental Accounting Standards Board (GASB) as U.S. generally accepted accounting principles (GAAP). 34 Page 106 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) E. FINANCIAL STATEMENT PRESENTATION (CONTINUED) As a general rule, the effect of interfund activity has been eliminated from the government - wide financial statements. Exceptions to this general rule are payments -in -lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the City's water and sewer function and various other functions of the City. Amounts reported as program revenues include: (1) charges to customers or applicants for goods, services, or privileges provided, (2) operating grants and contributions, and (3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the water and sewer, sanitation, and golf course enterprise funds, and of the City's internal service funds, are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Since the principal users of the internal services accounted for in the City's internal service funds are governmental activities, the financial statements of internal service funds are consolidated into the governmental activities column at the government -wide level and the costs of the internal services are charged to the appropriate functional activity. Surpluses or deficits in the internal service funds are allocated back to customers at the government -wide level which creates a reconciling item between the business -type activities column at the government -wide level and the proprietary fund statements at the fund level. 35 Page 107 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUINIMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F. POOLED CASH AND INVESTMENTS Pooled cash and investments consist of petty cash on hand, demand and money market deposits with financial institutions, money market mutual funds and investments with authorized Florida intergovernment investment pools. Interest earned on pooled cash and investments is allocated to individual funds based on their average daily pooled cash and investment balances. For purposes of the statement of cash flows, the City considers all highly liquid investments (including restricted assets) with an original maturity or availability of three months or less to be cash equivalents, unless they are held as part of the City's long- term investment portfolio. All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the requirements of Florida Statutes and have been designated as a qualified public depository. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories. Accordingly, deposits with qualified public depositories are considered fully insured or collateralized. The Florida intergovernmental investment pools authorized by the City include the Florida PRIME Fund (Florida PRIME) and the Florida Fixed Income Trust (FIT). Participants in the investment pools are limited to governmental entities in the State of Florida. Florida PRIME is operated by the Florida State Board of Administration in a manner consistent with SEC Rule 2a7 of the Investment Company Act of 1940. Rule 2a7 allows SEC registered mutual funds to use amortized cost, rather than fair value, to report net position used to compute share prices if certain conditions are met. Those conditions include restrictions on the types of investments held, restrictions on the term -to -maturity of individual investments and the dollar -weighted average of the portfolio, requirements for portfolio diversification, and requirements for divestiture considerations in the event of security downgrades and defaults, and required actions if the fair value of the portfolio deviates from amortized cost by a specified amount. The fair value of the position in the pool is considered to be the same as the City's account balance (amortized cost) in the pool. 36 Page 108 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUINIMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F. POOLED CASH AND INVESTMENTS (CONTINUED) FIT is organized by Florida public agencies under Florida Statutes Section 163, the Florida Interlocal Cooperation Act, for the purpose of operating independent investment pools for local governments in Florida and are administered by a Board of Trustees elected by the participants in the pool. FIT is exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940 and the Florida Securities and Investors Protection Act. FIT operates four fixed income funds with differing cash management and investment goals. The fair value of investments in FIT is the net asset value (NAV) of each fund based on the fair value of the fund's underlying investment portfolio as determined by the fund administrator at the end of each month. The City's pension trust funds investments consist of money market mutual funds, U.S. Government and Agency obligations, mortgage-backed securities, domestic and international corporate obligations, equity securities, equity mutual funds, equity investment funds and alternative investments consisting of fixed income investment funds and real estate investment funds. City and Pension Fund investment policies do not allow investments in derivatives. All investments are reported at fair value, except for money market mutual funds, Florida PRIME and FIT, which are reported at amortized cost which approximates fair value. Purchases and sales of investments are recorded on the trade date. Realized and unrealized gains and losses on investments are reflected in current operating results as investment earnings. Realized gains and losses on investments held at the end of the prior year and sold during the current year include the change in fair value from the beginning of the year to the date sold. G. RECEIVABLES Receivables in the governmental funds include delinquent property taxes, billings for general City services, various taxes due from local businesses, and amounts due from other governments for shared revenues, taxes and grants. All property tax and other receivables are reported net of an allowance for uncollectible accounts. Accounts receivable in the proprietary funds include amounts due for various City services and utilities, provided primarily to local businesses and residents. Accounts receivable are reported net of an allowance for uncollectible accounts determined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for uncollectible accounts has been provided for those accounts where collectability appears to be doubtful. The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for services. The City maintains an allowance for doubtful accounts at a level which management believes is sufficient to cover potential credit losses. 37 Page 109 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) IL UNBILLED SERVICE RECEIVABLES The City's enterprise funds recognize revenue on the basis of monthly cycle billings to customers for services provided. As a result of this cycle billing method, there are unbilled receivables at the end of each fiscal year with respect to services provided, but not billed at such date. It is the policy of the City to accrue the unbilled service amounts at year-end. The public service taxes owed to the City on the unbilled services are recorded as receivables in the Public Service Tax Debt Service Fund. All unbilled receivables are billed in the following month. L LEASE RECEIVABLES The City engages in various lease agreements throughout the year in which it is the lessor. The City recognizes a lease receivable and a deferred inflow of resources to account for these leases. At the commencement of the lease, the City initially measured the lease receivable and the deferred inflow of resources at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. Key estimates related to the lease include the discount rate used to discount the expected lease payments to present value, the lease term and the lease receipts. The City estimated the incremental borrowing rate as the discount rate. The City monitors changes in circumstances that would require remeasurement of its leases and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. J INTERFUND RECEIVABLES AND PAYABLES Activity between funds that represents interfund lending/borrowing that is outstanding at year end is classified as "due to/duefrom other funds". Any such balances outstanding between governmental activities and business -type activities in the government -wide financial statements are classified as "internal balances." K. PREPAID ITEMS AND INVENTORIES Expenditures/expenses for insurance premiums and other administrative expenses extending over more than one accounting period are accounted for as prepaid items/expenses and allocated between accounting periods. Inventories are valued at average cost which approximates market. Inventories are accounted for using the consumption method, whereby inventories are recorded as expenditures in the period when used. Page 110 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) L. INVEsTMENTIN,IOINT VENTURE The City accounts for its investment in the jointly owned South Central Regional Wastewater Treatment and Disposal Board as a joint venture recorded on the equity method of accounting. This investment is included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. M. RESTRICTED AssETs The City classifies certain amounts of pooled cash and investments in the Water and Sewer Enterprise Fund as restricted assets because their use is legally restricted for monies held for customers as security deposits, revenue bond covenant requirements and capital improvements. The net position of the Water and Sewer Enterprise Fund is restricted to the extent that restricted assets exceed liabilities payable from restricted assets. N. CAPITAL AssETs Capital assets include land, intangibles, buildings, equipment, infrastructure, and right -to -use (leased) assets. The City reports these assets in the applicable governmental or business -type activities columns in the government -wide statement of net position and in the statements of net position for enterprise and internal service funds. The City defines capital assets as assets with an initial, individual cost of more than $750 and an estimated useful life in excess of one year. The City records the value of intangible right - to -use assets based on the underlying leased asset in accordance with GASB Statement No. 87, Leases. Donated capital assets are recorded at the date of donation at acquisition value, which is the price that would be paid to acquire an asset with equivalent service potential in an orderly market transaction at the date of acquisition. Capital asset acquisitions are recorded as capital outlay expenditures in the governmental fund financial statements. All costs relating to the construction of facilities are capitalized including salaries, employee benefits, contracted services, and materials. Prior to adoption of GASB Statement No. 89, the City also capitalized interest incurred during the construction phase of capital assets of business -type activities as part of the capitalized cost of the assets constructed. Costs which materially extend the useful life of existing properties are capitalized. However, the City does not capitalize the costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives. 39 Page 111 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) N. CAPITAL ASSETS (CONTINUED) The City reviews the carrying value of its long-lived assets to ensure that any impairment issues are identified and appropriately reflected in the financial statements. Should the expected cash flows be less than carrying value, an impairment loss would be recognized to reduce the carrying value. There was no impairment loss recorded during the current fiscal year. Infrastructure assets of the governmental activities are reported in the government -wide financial statements. Governmental activities infrastructure assets include roads, bridges, streets and sidewalks, curbs and gutters, lighting systems and similar assets that are immovable and generally of value only to the City. The City calculates depreciation of capital assets using the straight-line method over the estimated useful life of the asset. The right -to -use intangible assets are amortized over the term of the contract. The estimated useful lives of the capital assets are as follows: Equipment 3-12 years Buildings and other improvements 10-40 years Water/wastewater/stormwater system 15-50 years Infrastructure 15-50 years D. UNAVAILABLE / UNEARNED REVENUE Unearned revenue in the Governmental Activities and unavailable revenue in the Governmental Funds includes amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. Unearned revenue in the Business -type Activities and Proprietary Funds is composed of advance utility payments from customers and other amounts received in advance of the related services being provided by the City. P. COMPENSATED ABSENCES It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits in varying amounts based on length of service. Upon termination, employees are paid accumulated vacation at the pay rate on the date of termination. Employees are compensated for a maximum of 50% of accumulated sick leave upon termination, depending on the employee's hire date and length of service. Compensated absences, including related payroll taxes, are accrued when incurred in the government -wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental funds only if they have matured, for example, as a result of employee resignations and retirements. M Page 112 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Q. NONCURRENT LIABILITIES In the government -wide financial statements and proprietary fund financial statements, long- term debt and other noncurrent obligations are reported as liabilities in the applicable governmental activities, business -type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the term of the respective debt issue using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Debt issuance costs are expensed in the period the debt is issued. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as debt issuance costs, during the current period. The debt issued and premiums received on debt issuances are reported as other financing sources, while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. R. LEASES PAYABLE The City engages in various lease agreements in which it is the Lessee. The City recognizes a lease liability and an intangible right -to -use lease asset (lease asset) in the government -wide and proprietary fund financial statements to account for these leases. At the commencement of a lease, the City initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight-line basis over the term of the contract. Key estimates and judgments related to lessee leases include how the City determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) the lease term, and (3) the lease payments. The City uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the City generally uses its estimated incremental borrowing rate as the discount rate for leases. The lease term includes the noncancellable period of the lease. Lease payments included in the measurement of the lease liability are composed of fixed payments and the exercise price of any purchase options that the City is reasonably certain to exercise. The City monitors changes in circumstances that would require a remeasurement of its leases and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. Lease assets are reported with capital assets as right -to -use intangible assets and lease liabilities are reported as capital lease payable in long-term debt in the statement of net position. M Page 113 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) S. DEFERRED OUTFLOWS IINFLOWS OFRESOURCES In addition to assets and liabilities, the government -wide statement and proprietary fiends statements of net position report a separate section for deferred outflows or deferred inflows of resources. The separate financial statement element, deferred ou flows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until that time. The City reports deferred charges on debt refundings and deferred amounts related to other postemployment benefits (OPEB) and pensions as deferred outflows of resources on the government -wide statement of net position. The deferred charges on debt refundings were losses resulting from the difference in the carrying value of refunded debt and its reacquisition price. These amounts are deferred and amortized over the shorter of the life of the refunded or refunding debt. The deferred amounts related to OPEB and pensions result from differences between expected and actual experience and investment earnings, changes in assumptions, or other actuarial inputs. The deferred amounts are amortized to OPEB and pension expense in a systematic and rational manner over a period equal to the average expected remaining service lives of employees provided with benefits through the OPEB and pension plans, including inactive employees. The separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenues) until that time. The City's deferred inflows of resources on the government -wide and proprietary funds statements of net position consist of deferred amounts related to OPEB and pensions and the unamortized portion of lease receivables. The deferred inflows of resources related to OPEB and pensions results from differences between expected and actual experience which are deferred and included in OPEB and pension expense in a systematic and rational manner over a period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the OPEB and pension plans (active employees and inactive employees). The City also has one item, unavailable revenues, which arises only under the modified accrual basis of accounting and is reported as a deferred inflow of resources on the governmental funds balance sheet. The unavailable revenues include amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. These amounts are deferred and recognized as an inflow of resources in the year that the amounts become available. M Page 114 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) T. NET POSITION/FUND BALANCE Net Position Net position of the government -wide and proprietary funds are categorized as net investment in capital assets, restricted or unrestricted. Net investment in capital assets is that portion of net position that relates to the City's capital assets net of accumulated depreciation and net of related deferred inflows/outflows reduced by the portion of the assets that have been acquired through the use of long-term debt. This amount is offset by any unspent debt proceeds that are outstanding at fiscal year-end. Restricted net position is that portion of net position that has been restricted for general use by external parties (creditors, grantors, contributors, or laws or regulations of other governments) or imposed by law through constitutional provisions or enabling legislation. The goverment -wide statement of net position reports governmental activities restricted net position and business -type activities restricted net position and the proprietary funds statement of net position reports restricted net position for the following purposes: Public Safety — Net position of the governmental activities are restricted for certain funds that are legally restricted by Florida Statutes to law enforcement capital expenditures and police education. Grant Programs — Net position of the governmental activities are restricted for grant funds that are legally restricted by grantors to allowable costs for specific grant programs. Debt Service — Net position of the governmental activities are restricted for CRA debt service funds that are legally restricted to the payment of principal and interest on the CRA's bonded debt. Net position of the business -type activities and the Water and Sewer Fund are restricted for the excess of restricted assets required by revenue bond covenants over the related liabilities payable from those restricted assets. Capital Projects — Net position of the governmental activities are restricted for local option gas tax funds that are legally restricted by Florida Statutes to capital improvements for roads and streets and the one -cent sales tax surcharge that is restricted for infrastructure projects. Net position of the business -type activities and Water and Sewer Fund may also be restricted for the excess of restricted assets required for renewal and replacement by bond covenants over the related liabilities payable from those restricted assets. Other Purposes — Net position of the governmental activities are restricted for assets held in trust in the Community Service Fund that are restricted for specific purposes. Unrestricted net position consists of net position not included in net investment in capital assets or restricted. W Page 115 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) T. NET POSITION/FUND BALANCE (CONnNUED) Fund Balance In the fund financial statements, governmental funds report fund equity classifications that comprise a hierarchy based primarily on the extent to which the City is legally bound to honor the specific purposes for which amounts in fund balance may be spent. The fund balance classifications are summarized as follows: Nonspendable - Nonspendable fund balances include amounts that cannot be spent because they are either: 1) not in spendable form; or, 2) legally or contractually required to be maintained intact. Restricted - Restricted fund balances include amounts that are restricted to specific purposes either by: 1) constraints placed on the use of resources by creditors, grantors, contributors, or laws or regulations of other governments; or, 2) imposed by law through constitutional provisions or enabling legislation. Committed - Committed fund balances include amounts that can only be used for specific purposes pursuant to constraints imposed by the City Commission through an ordinance. Assigned - Assigned fund balances include amounts that are constrained by the City's intent to be used for specific purposes. The City Commission assigns fund balance through the annual budget or by adopting a resolution delegating authority to a City Official or other Board. Unassigned - Unassigned fund balances include amounts that are not assigned to other funds and have not been restricted, committed, or assigned to specific purposes in the General Fund. The unassigned deficit represents the fund balance deficit of certain non - major special revenue funds that will be funded through future revenues of those funds or transfers from other funds. The City considers restricted fund balances to be spent when expenditures are incurred for the restricted purpose. The City considers committed, assigned or unassigned fund balances to be spent when expenditures are incurred for purposes for which amounts in any of those fund balance classifications could be used. Minimum Fund Balance Policy Generally, the City strives to maintain 10% to 20% of the following year's budgeted expenditures to provide for short-term revenue fluctuations and other emergency purposes. However, the City has not adopted a formal policy establishing a minimum fund balance requirement. M11 Page 116 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) U PROPERTY TAXES Ad valorem property taxes are assessed as of January 1 and levied the following October. Property taxes are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien on the property. All property taxes are collected by the Palm Beach County Tax Collector and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, estimated unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated uncollectability. State Statutes permit municipalities to levy property taxes at a rate not to exceed 10 mills ($10.00 for each $1,000 of assessed valuation). During 2007, the Florida Legislature passed property tax reform legislation limiting the property tax levies of local governments in the State of Florida. Local governments that adopt a property tax levy in excess of the limit under State law will lose their Half -Cent Sales Tax distribution from the State for the succeeding twelve months. For the fiscal year ended September 30, 2022, the maximum tax levy allowed by a majority vote of the governing body is generally based on a percentage adjustment applied to the prior year (2020/2021) property tax revenue. The percentage adjustment is calculated based on the compound annual growth rate in the per capita property taxes levied for five preceding fiscal years. State law allows local governments to adopt a higher millage rate based on the following approval of the governing body: 1) a majority vote to adopt a rate equal to the adjusted current year rolled - back millage rate plus an adjustment for growth in per capita Florida personal income; 2) a two-thirds vote to adopt a rate equal to the adjusted current year roll back millage rate plus 10%; or, 3) any millage rate approved by unanimous vote of the governing body or voter approved referendum. V. ON -BEHALF PAYMENTS The City receives on -behalf payments from the State of Florida to be used for Police Officers and Firefighters pension benefits. These on -behalf payments are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis government - wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary comparison statement. On -behalf payments to the City totaled $2,025,624 for the fiscal year ended September 30, 2022. M Page 117 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUINIMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) W. INTERFUND TRANSACTIONS Transactions between funds during the year consisted of loans, services provided, reimbursements and transfers. Loans are reported in the fund financial statements as Due from Other Funds and Due to Other Funds as appropriate and are subject to elimination in the government -wide financial statements. The outstanding balances between funds result mainly from the time lag between the dates that 1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. Services, deemed to be reasonably equivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incurs a cost, charges the appropriate benefiting fund and reduces its related cost as a reimbursement. All other interfund transactions are presented as transfers. Transfers within the governmental and business -type activities are eliminated in the government -wide financial statements. X. USE of ESTIMATES Management uses estimates and assumptions in preparing financial statements in accordance with GAAP. Those estimates and assumptions affect the reported amounts of assets, liabilities and deferred inflows/outflows, the disclosure of contingent assets and liabilities, and the reported revenues and expenses/expenditures. Actual results could vary from the estimates that were used. Y. IMPLEMENTATION OF GASB STATEMENTS During the year ended September 30, 2022, the City implemented GASB Statement No. 87, Leases, GASB Statement No. 92, Omnibus 2020, GASB Statement No. 93, Replacement of Interbank Of Rates and GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans. The City adopted GASB Statement No. 87, Leases (GASB 87) effective October 1, 2021, which provides a single model for lease accounting based on the principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right -to -use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources. No restatement of fund balances or net position was necessary for the City, as as the new standard was applied prospectively. In accordance with the guidance provided in GASB 87, all lease assets, receivables, liabilities, and deferred inflows were measured and recorded using the facts and circumstances as of the date of implementation. Ie Page 118 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Y. IMPLEMENTATION OF GASB STATEMENTS (CONTINUED) The implementation of GASB Statements No. 92, 93, and 97 had no significant impact on the City financial statements for the year ended September 30, 2022. NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY A. CONCENTRATION OF CREDIT RISK The City performs ongoing credit evaluations of its customers and generally does not require collateral, except for customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for uncollectible accounts at a level which management believes is sufficient to cover potential credit losses. Generally, the allowance includes accounts over 90 days past due. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. Subsequent collections on accounts that were previously written off are recorded as revenue in the year received. B. ENCUMBRANCES Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as part of the budgetary accounting system in the general, special revenue and capital projects funds. However, all encumbrances outstanding at year end lapse. M Page 119 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (CONTINUED) G BUDGETS AND THE BUDGETING PROCESS The City follows these procedures in establishing the budgetary data reflected in the financial statements: 1) Prior to July 15, the City Manager submits a tentative budget to the City Commission for consideration and approval. The budget is prepared by fund, function and activity, and is made available to the public at this time. 2) Informal budget workshops are held by the City Commission to review the proposed budget and to obtain public comment. 3) The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled -back millage rate, and the day, time and place of the public hearing for budget acceptance. 4) The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5) The budget and related millage rates are legally enacted through passage of an ordinance. 6) Changes or amendments to the total budgeted expenditures of a fund and transfers between funds must be approved by the City Commission. There were six budget amendments that decreased the General Fund budgeted revenues by $2,612,345 and decreased budgeted expenditures by $2,610,344 for the fiscal year ended September 30, 2022. Various other non -major funds were adjusted to recognize additional revenues and unforeseen expenditures and to provide a budget for various transfers. Department heads may transfer appropriations within their department with the approval of the Financial Services Department. Changes or amendments to total budgeted expenditures of a department require approval of the City Manager. Accordingly, the legal level of control for budget appropriations is exercised at the fund level. Appropriated budgets are legally adopted on a modified -accrual basis for the following funds: 1) General Fund; 2) Boynton Beach CRA Special Revenue, Local Option Gas Tax, Community Improvements, Public Art, Recreation Program, Boynton Beach Memorial Park (special revenue funds); 3) Public Service Tax Debt Service (debt service fund); and, 4) General Capital Improvements (capital projects fund). The General Fund revenues and expenditures reported in the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual differ from the revenues and expenditures reported on the GAAP Basis because on -behalf payments from the State of Florida for Police Officers' and Firefighters' pensions are not budgeted in the General Fund. For fiscal year September 30, 2022, the American Rescue Fund did not have a legally adopted budget. W. Page 120 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 2 - STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY (CONTINUED) C BUDGETS AND THE BUDGETING PROCESS (CONTINUED) The General Fund differences in revenues and expenditures are reconciled as follows: Budgetary basis On -behalf payments for pension benefits Revenues Expenditures $ 86,975,729 $ 100,929,693 2,025,624 2,025,624 GAAP Basis $ 89,001,353 $ 102,955,317 Non -appropriated budgets are prepared for the City's enterprise funds (Water and Sewer Fund, Sanitation Fund, and Golf Course Fund) and internal service funds (Vehicle Service Fund, Warehouse Fund and Self Insurance Fund). The operations of the following funds: 1) Grants, FEMA Hurricane, SHIP Grant, CDBG Grant, Traffic Safety, Green Building and Community Services (special revenue funds); 2) Boynton Beach CRA Debt Service (debt service fund); 3) Parks & Recreational Facilities, Boynton Beach CRA Bond Projects and Local Government Surtax Improvement (capital projects funds); and, 4) all fiduciary funds are non -budgeted financial activities. D. DEFICIT FUND EQUITY The Grants Fund, American Rescue Fund and the Community Improvements Fund (special revenue funds) had deficit fund balances of $146,222, $50 and $622,429, respectively, at September 30, 2022. For the Grants Fund, the deficit was caused by program expenditures that were paid but not eligible for grant reimbursement until 60 days after the end of the current fiscal year. For the Community Improvements Fund, the deficit was caused by lower than expected revenues for the City's low-income home improvement program. The City anticipates receiving additional funds or reducing expenditures for these programs in fiscal year 2022. Those expenditures within these funds have been consistent; however, the revenues fluctuate year to year. The City anticipates that revenues will increase over the next two fiscal years as larger new projects begin. The Warehouse Fund and Self Insurance Fund (internal service funds) had a deficit net position of $193,800 and $2,127,941, respectively, due to higher than anticipated expenses for the Warehouse Fund and higher claims for the Self Insurance Fund. The City plans to increase charges over the next two fiscal years to cover the deficits. M Page 121 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS A. INVESTMENTS The City has adopted an investment policy to establish guidelines for the efficient management of its cash reserves. The City's investment policy limits permitted investments to the following: 1) Florida PRIME Fund or any authorized intergovernmental investment pool pursuant to Florida Statues Section 163.01 may comprise up to 60% of the portfolio and 50% of the portfolio for investments with a floating net asset value (NAV). Individual issuers are limited to a maximum of 35% of the portfolio and 20% of the portfolio for investments with a floating NAV. Investment pools must have a minimum credit rating of AAf by a Nationally Recognized Statistical Rating Organization (NRSRO). 2) United States Government negotiable direct obligations guaranteed by the United States Government may comprise up to 100% of the portfolio with the exception of Treasury Strips which are limited to 10% of the portfolio. Maturities are limited to 5 years from the date of settlement. 3) United States Government Agency bonds, debentures, notes, or callable securities issued or guaranteed by the United States Government may comprise up to 100% of the portfolio. Individual issuers are limited to a maximum of 40% of the portfolio. Maturities are limited to 5 years from the date of settlement. 4) Federal Instrumentalities that are negotiable direct obligations or obligations the principal and interest of which are issued or guaranteed by United States Government sponsored enterprises may comprise no more than 80% of the portfolio. Individual issuers may comprise no more than 40% of the portfolio. Maturities are limited to 5 years from the date of settlement. Eligible securities must be senior debt obligations issued by an Instrumentality carrying the same credit rating by two NRSROs as that of the U.S. Treasury. Securities of such an Agency or Instrumentality with a rating below that of the U.S. Treasury may be considered corporate debt. 5) Mortgage -Backed Securities guaranteed by a U.S. Government Agency may comprise no more than 20% of the portfolio. Individual issuers may comprise no more than 5% of the portfolio. Maturities are limited to 5 years from the date of settlement. The date corresponding to its average life is considered to be its maturity. Eligible securities must be senior debt obligations with the same credit rating as U.S. Treasury obligations by two NRSROs. Securities of such an Agency or Instrumentality with a rating below that of the U.S. Treasury may be considered corporate debt. The following securities are not permitted: securities collateralized with any portion of Sub -Prime Mortgages or Alt -A Mortgage obligations, collateralized debt obligations, collateralized bond obligations, collateralized loan obligations, Structured Investment Vehicles, or Special Purpose Entity Obligations. 50 Page 122 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) 6) Non-negotiable interest bearing certificates of deposit with a financial institution secured by Chapter 280, Florida Statutes, may comprise up to 40% of the portfolio. Individual issuers may comprise a maximum of 20% of the portfolio. Maturities are limited to 3 years from the date of settlement. At the time of deposit, the financial institution must have a minimum 3 -star rating from Bauer Financial. Financial institutions with ratings below 3 -stars are limited to FDIC insured amounts. 7) Money market savings accounts in a Qualified Public Depository may comprise up to 100% of the portfolio. Individual depositories are limited to 25% of the portfolio, except for accounts with the City's main depository institution, which can be up to 100%. The money market savings account must have daily liquidity and the financial institution must have a minimum 3 -star rating from Bauer Financial. Financial institutions with a rating below 3 stars are limited to FDIC insured amounts. 8) Repurchase agreements may be comprised of only those investments set forth by the City's Master Repurchase Agreement. A third party custodian shall hold collateral for all repurchase agreements with a term longer than one business day. The mark -to - market value of collateral must be a minimum of 102% during the term of the repurchase agreement. Repurchase agreements may comprise a maximum of 20% of available funds. One business day agreements and overnight sweep agreements are limited to a maximum of 50% of the portfolio. A maximum of 10% of available funds may be invested with any one financial institution. One business day and overnight sweep agreements are limited to a maximum of 30% of the portfolio. Maturities are limited to 90 days from the date of settlement. At the time of purchase, the repurchase agreement counterparty must have a minimum rating of A by two NRSROs. 9) Commercial paper must be U.S. dollar denominated and may comprise up to 25% of the portfolio. Individual issuers are limited to 5% of the portfolio and a maximum of 10% can be invested in any one sector. At the time of purchase, the commercial paper must have a minimum short-term rating of A-2 or P-2 or equivalent by an NRSRO and have a minimum long-term rating of A by two NRSROs. If the commercial paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be A rated or better by at least two NRSROs. Maturity is limited to no longer than 270 days from the settlement date. 10) Corporate notes issued by U.S. corporations or by depository institutions licensed by the United States may comprise no more than 25% of the portfolio. Individual issuers are limited to 5% of the portfolio and a maximum of 10% can be invested in any one sector. Maturity is limited to 5 years from the date of settlement. Corporate notes must have a minimum rating of A by two NRSROs. 51 Page 123 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) 11) State and local government taxable and tax-exempt debt securities may comprise no more than 25% of the portfolio. Individual issuers must not have been in default within five years prior to the date of purchase and are limited to 10% of available funds. Securities must have a minimum rating of A by two NRSROs for long-term debt. For short-term securities, the issuer must have a minimum rating of MIG -2 (Moody's), SP -2 (Standard & Poor's), or F-2 (Fitch) by two NRSROs. Debt issued for the purpose of funding student loans is not permitted. 12) Money market mutual funds registered under the Federal Investment Company Act of 1940 and operated in accordance with 17 CFR 270.2a-7. Money market mutual funds must have an average weighted maturity of 60 days or less and the share value shall be fixed at $1.00. Money market mutual funds may comprise no more than 50% of the portfolio and a maximum of 20% of the invested funds of any one City fund. Money market mutual funds must have a rating of AAAm or the equivalent by two NRSROs. 13) Short-term bond funds that are registered under the Federal Investment Company Act of 1940 may comprise up to 40% of the portfolio. Individual issuers are limited to a maximum of 15% of the portfolio with any one fund. Individual securities must have a rating of Aaf or the equivalent by one NRSRO. 14) Foreign obligations, bonds, notes, or instruments of the Government of Israel backed by the full faith and credit of the State of Israel and denominated in U.S. Dollars may comprise up to 3% of the total portfolio. Commercial paper issued by foreign domiciled corporations is not permitted. Individual issuers are limited to 1% of the total portfolio. Maturities are limited to 3 years from the date of settlement. Individual securities must have a rating of A or the equivalent by one NRSRO. General Employees' Pension Fund The investment policy of the General Employees' Pension Fund limits investments to the following: 1) Direct obligations of the U.S. Government with a maturity of one year or less; 2) Commercial paper with a maturity of 270 days or less and rated "Prime 1" by Moody's and "A-1" by S&P; 3) A money market mutual fund or short term investment fund provided by the Plan's custodian; 52 Page 124 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) General Employees' Pension Fund (CoNnNuED) 4) Bankers Acceptances issued by the largest 50 banks in the United States (in terms of total assets); 5) Corporate obligations issued by a corporation organized under the laws of the United States, any state or organized territory of the United States or the District of Columbia•, 6) Fixed income securities below investment grade (BBB) cannot exceed 15% of the fixed income portfolio; 7) The duration of the fixed income portfolio cannot exceed 135% of the duration of the Barclay's Capital Aggregate Bond Index; 8) Mortgage-backed securities guaranteed or fully insured by Ginnie Mae (formerly the Government National Mortgage Association), the Federal Home Loan Mortgage Corporation (FHLMC), Fannie Mae (formerly the Federal National Mortgage Association), or rated "Aaa" by Moody's or "AAA" by S&P; 9) Common stocks, with investments in stocks of foreign companies limited to 20% (at cost) of the total investment portfolio and stocks publicly traded for less than one year limited to 15% of the equity portfolio; and, 10) Mutual funds, commingled funds, limited partnerships, real estate held in commingled funds, and absolute or real return investments held in commingled fiends. Police Officers' Pension Fund The investment policy of the Police Officers' Pension Fund limits investments to the following: 1) Time or saving accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Saving Insurance Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund; 2) Obligations issued by the U.S. Government or obligations guaranteed as to principal and interest by the government of the United States; 3) Bonds issued by the State of Israel; 53 Page 125 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) Police Off cers' Pension Fund (CONnNUED) 4) Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States or the District of Columbia provided the corporation is listed on one or more of the recognized national exchanges or on the National Market System of the NASDAQ stock market and, in the case of bonds only, the average rating of such bonds shall be no lower than "AA" by S&P; 5) Real estate investment trusts (REIT'S); and, 6) Commingled stock, bond, or money market funds and institutional mutual funds whose investments are restricted to securities meeting the criteria outlined above. Investments in stocks and convertible securities are limited to 65% of the portfolio cost. Firefighters' Pension Fund The investment policy of the firefighters' pension fund limits investments to the following: 1) Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof and notes, bonds, or other obligations of Agencies of the United States; 2) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state; 3) Certificates of deposit or savings accounts in Florida qualified public depositories; 4) Bankers Acceptances, which are accepted by a member bank of the Federal Reserve System having total deposits of not less than $400 million; 5) Commercial paper, of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service; 54 Page 126 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONTINuED) Firefighters' Pension Fund (CoNTZNuEn) 6) Negotiable certificates of deposit by domestic or foreign financial institutions denominated in U.S. dollars; 7) Common stocks, preferred stocks, pooled equity funds, and foreign stocks provided that the investments in stocks and convertible securities are limited to 70% of the portfolio cost; and, 8) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, wherein the portfolio is limited to U.S. Government obligations and to repurchase agreements fully collateralized by such U.S. Government obligations. A summary of deposits and investments reported on the statement of net position and statement of fiduciary net position for the City is as follows: Government activities Business -type activities Total Statement of Net Position Pension Trust Funds Total Cash and Investments Pooled Cash and Investments Pension Cash and Investments Unrestricted Restricted Cash Investments Total $ 84,046,746 $ -- $ 27,674,058 51,442,419 111,720,804 51,442,419 -- $ -- $ 84,046,746 -- -- 79,116,477 -- -- 163,163,223 623,003 444,933,948 445,556,951 $ 111,720,804 $ 51,442,419 $ 623,003 $ 444,933,948 $ 608,720,174 55 Page 127 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) The following summary presents the components of the City's cash, pooled cash and investments and investments at September 30, 2022: Reported value at September 30, 2022 Cash Petty cash Deposits with financial institutions Total Cash Investments Money market mutual funds Florida PRIME Fund Florida Fixed Income Trust (FIT) Israel Government Bond U.S. Government and Agency obligations Mortgage-backed securities Corporate obligations Equity securities Equity mutual funds Equity investment funds Fixed income investment funds Alternative investments: Domestic fixed income funds Real estate investment funds Total Investments Total Cash and Investments Unrestricted Restricted Pension Total $ 5,641 S -- $ -- $ 5,641 32,929,585 47,198,048 623,003 80,750,636 32,935,226 47,198,048 623,003 80,756,277 -- -- 6,709,560 6,709,560 -- 2,825,257 -- 2,825,257 27,204,009 1,419,114 28,623,123 2,000,000 -- 2,000,000 49,581,569 24,370,249 73,951,818 -- 1,505,014 1,505,014 - 11,007,635 11,007,635 - 69,120,646 69,120,646 - 131,760,339 131,760,339 - 89,650,186 89,650,186 - 32,505,289 32,505,289 - 3,248,380 3,248,380 -- -- 75,056,650 75,056,650 78,785,578 4,244,371 444,933,948 527,963,897 $ 111,720,804 $ 51,442,419 $ 445,556,951 $ 608,720,174 56 Page 128 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) Fair Value of Investments: The City and the Pension Trust Funds (the "Funds") follows the provisions of GASB Statement No. 72, Fair Value Measurement and Application, which establishes a framework for measuring the fair value of investments in a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives highest priority to unadjusted quoted prices in active markets for identical assets (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under GASB Statement No. 72 are described below: Level 1: Inputs to the valuation methodology are unadjusted quoted prices for identical assets in active markets that the City and Funds have the ability to access at the measurement date. Level 2: Inputs to the valuation methodology include the following: • Quoted prices for similar assets in active markets. • Quoted prices for identical or similar assets in inactive markets. • Inputs other than quoted prices that are observable for the assets. • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset has a specified contractual term, the Level 2 input must be observable for substantially the full term of the asset. Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the entity's own estimates for assumptions that market participants would use in pricing the asset or liability. Valuation techniques would typically include discounted cash flow models and similar techniques, but may also include the use of market prices of assets that are not directly comparable to the subject asset. The fair value measurement of an asset within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. The categorization of an investment within the fair value hierarchy is based upon the pricing transparency of the investment and does not necessarily correspond to the City's and Funds' perceived risk of that investment. 57 Page 129 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (coNnNuED) Valuation Methodologies: The valuation methods and assumptions used by the City and the Pension Trust Funds in estimating the fair value of financial instruments measured at fair value on a recurring basis under GASB Statement No. 72, were as follows: Equity securities, equity mutual funds, and equity investment funds and international equity investment funds: Valued at the closing price or net asset value reported on the active exchange on which the individual securities and mutual funds are actively traded. U.S. Government and Agency obligations, corporate obligations, fixed income investment funds and Israel Government bond: Valued at the closing price or net asset value reported on the active exchange on which the individual securities or funds are actively traded. Securities that are not actively traded are valued by the investment manager using a matrix pricing technique based on the securities' relationship to quoted benchmark prices. Certain fixed income investment funds include private corporate obligations that are not traded and are valued by the investment manager using proprietary models. Investments measured at net asset value (NAV): The Florida Fixed Income Trust, certain equity investment funds, certain fixed income investment funds and real estate investment funds are valued at the unadjusted NAV per share at September 30, 2022, calculated in a manner consistent with GAAP for external governmental investment pools and private investment companies based on the fair value of the underlying fund investments as determined by the fund manager, if available, or by valuations of a fund's underlying assets as provided by the general partner or investment manager, since the assets are not publicly traded. Real estate values are based upon appraisals performed for assets held by the fund, or estimated by the fund manager, if appraisals are not performed or available. The fair value of real estate is the price that would be received if the asset was sold to a market participant assuming the highest and best use of each asset at the measurement date. The alternative investment funds are not publicly traded and invest in various types of equity or fixed income securities, as applicable. These alternative investment funds may hold certain investments which are not marketable and may be valued by a single market maker. While the fund managers use their best judgment in estimating the fair values of underlying investments, there are inherent limitations in any estimation technique. Accordingly, the fair values of the alternative investment funds may be estimated by the management of the pension funds and their investment advisors in the absence of readily ascertainable market values. Page 130 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) The methods and assumptions used by the City and the Funds may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. While the City and the Funds believe its valuation methodologies are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. There were no changes in the methods and assumptions used for the year ended September 30, 2022. Fair Value of Investments: The financial assets measured at fair value on a recurring basis include the City's and the Funds' investments. There were no liabilities measured at fair value on a recurring basis at September 30, 2022. The money market mutual funds and Florida PRIME Fund are reported at amortized cost and are included in the following fair value table for reconciliation purposes only. The fair value of the City's and the Pension Trust Funds' investments at September 30, 2022 is summarized as follows: 59 Page 131 of 1165 Fair Value at September 30, 2022 Level Level Level Total Fixed Income Investments U.S. Government and Agency obligations $ -- $ 73,951,818 $ -- $ 73,951,818 Mortgage-backed securities -- 1,505,014 -- 1,505,014 Corporate obligations -- 43,512,924 -- 43,512,924 Fixed income investment funds -- 246,716 346,052 592,768 Israel Government bond 2,000,000 -- -- 2,000,000 Total Fixed Income Investments 2,000,000 119,216,472 346,052 121,562,524 Equity Investments Equity securities 69,120,646 -- -- 69,120,646 Equity mutual funds 82,658,138 71,317,636 -- 153,975,774 Equity investment funds 29,952,691 18,332,550 -- 48,285,241 International equity investment funds 19,149,510 -- -- 19,149,510 Total Equity Investments 200,880,985 89,650,186 -- 290,531,171 Total Investments at Fair Value $ 202,880,985 $ 208,866,658 $ 346,052 412,093,695 (continued) 59 Page 131 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONTINuED) (balance forward) Fair Value at September 30, 2022 Level Level Level Total Investments Measured at NAV Florida Fixed Income Trust (FIT) 28,623,123 Alternative Investment funds: Fixed income investment funds 2,655,612 Real estate investment funds 75,056,650 Total Investments at NAV 106,335,385 Investments at Amortized Cost Money market mutual funds 6,709,560 Florida PRIME Fund 2,825,257 Total Investments at Amortized Cost 9,534,817 Total Investments $ 527,963,897 The reported fair values for the alternative investment funds may differ significantly from the values that would have been used had a ready market for the underlying funds existed and the differences could be material. Future confirming events will affect the estimates of fair value, and the effect of such events on the estimates of fair value could be material. The alternative investment funds also expose the pension funds to additional investment risks, including liquidity risks; counterparty and custody risks; foreign political, economic and governmental risks; and, market risk. Alternative investments consist of fixed income investment funds and real estate investment trusts. The real estate investment funds are structured as limited partnerships with a primary focus to invest in income producing property in major U.S. markets. The fair values of the investments have been determined using net asset value per unit of the Trusts ownership interest in the partners' capital. Real estate investment fund distributions are received through the liquidation of the underlying real estate assets of the fund. It is expected by the fund managers that the underlying assets of this fund would be liquidated over the next five to eight years. At September 30, 2022, certain alternative funds have unfunded commitments of approximately $2,687,000. The redemption notice period is 90 days. Distribution or withdraw requests must be made 60 days in advance and may be paid in one or more installments. Me Page 132 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) Credit Risk: Credit risk is the risk that a debt issuer will not fulfill its obligations. The investment policies of the City and the pension funds utilize portfolio diversification to control this risk as well as limiting investments to investment grade (BBB) securities as rated by nationally recognized statistical rating organizations at the time of purchase. The S&P ratings for the City and Pension Funds' investments at September 30, 2022, are summarized as follows: Investment Type Rating Fair Value U.S. Government and Agency obligations AA $ 66,912,090 U.S. Government and Agency obligations Not rated 7,039,728 Mortgage-backed securities Not rated 1,505,014 Corporate obligations AA+ to BBB 11,007,635 Fixed income investment funds (FIT) AAAf 28,623,123 Israel Government bond Money market mutual funds Florida PRIME Fund Fixed income investment funds Fixed income investment funds Not rated 2,000,000 AAA to AA 6,709,560 AAAm 2,825,257 AA 32,505,289 Not rated 3,248,380 Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City investment policy requires cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the City's name. At September 30, 2022, all investments were held in independent custodial safekeeping accounts, except for investments considered unclassified pursuant to GASB Statement No. 3, as amended, which include the Florida Fixed Income Trust investment pool, Florida PRIME Fund, money market mutual funds and alternative investment funds. Concentration of Credit Risk: Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. For all investments of the City, including those in the City's three pension funds, securities of a single issuer are limited to no more than 5% of the total investment portfolio. Mutual funds and investment pools are excluded from the concentration of credit risk disclosures. 61 Page 133 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) Interest Rate Risk: Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment in fixed income securities. Generally, the longer the time to maturity, the greater the exposure to interest rate risks. The City's investment policy limits the maturities of fixed income investments to five years from the date of purchase, unless the investment is matched with a specific cash flow. The investment policies of the three pension funds provide no specific limitations on the maturity of investments, but require the investment portfolios to be structured in a manner as to provide sufficient liquidity to pay obligations as they come due. To the extent possible, investment maturities are matched with the known cash needs and anticipated cash-flow requirements. The Florida PRIME Fund and money market mutual funds held by the City and the Pension Funds have a weighted average maturity of less than 90 days. The City's investment in the Israel Government bond has scheduled maturities of February 1, 2023, and March 1, 2024. The table below summarizes the average effective duration of the City's investment in the Florida Fixed Income Trust (FIT) investment pools and the fixed income investments of the Police Officers' and Firefighters' Pension Funds at September 30, 2022: 62 Page 134 of 1165 Reported Value Duration City Florida Fixed Income Trust: (FIT) Cash Pool $ 27,204,009 83 days Enhanced Cash Pool 1,419,114 1.03 years Florida PRIME 2,825,257 Under 90 days Israel Bond 2,000,000 Matures 2-1-2023 and 3-1-2024 Pensions General Employees' Pension Fund: U.S. Government obligations 7,039,728 6.4 years Mortgage back securities 1,505,014 > 10 years Corporate obligations 3,078,061 6.1 years Police Officers' Pension Fund: Fixed income investment funds 32,505,289 6.3 years Firefighters' Pension Fund U.S. Government obligations 17,330,521 1-30 years Corporate obligations 7,929,574 1-17 years 62 Page 134 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) A. INVESTMENTS (CONnNuED) The Florida Fixed Income Trust (FIT) investment pools include the Cash Pool and Enhanced Cash Pool. The Cash Pool is a high quality money market alternative that provides the fund manager flexibility in the portfolio's investments and duration compared to traditional money market mutual funds. The Cash Pool has a floating rate NAV, but is managed in a manner that strives to maintain a fixed NAV of $1.00 per share. The Enhanced Cash Pool is managed to provide growth and a longer investment time horizon of 3 to 18 months. The Enhanced Cash Pool invests in short-term fixed income securities rated A or higher and is managed to provide a target effective duration of 0.5 years. The Enhanced Cash Pool has a floating rate NAV based on the underlying fair value of the portfolio. Investments in both funds may be withdrawn on a next day basis without limitation at any time during normal business hours. Investments in both funds are unsecured and collateralized only by the securities in the fund portfolio. Foreign Currency Risk: Foreign currency risk includes the risk of revaluation of currencies, high rates of inflation, repatriation restrictions on income and capital, and future adverse political, social, and economic developments. Moreover, securities of foreign governments may be less liquid, subject to delayed settlements, taxation on realized and unrealized gains, and their price may be more volatile than those of comparable securities in U.S. Companies. At September 30, 2022 the Pension Trust Funds' investments included $19,149,510 invested in a U.S. dollar denominated international equity investment fund. Other Risks: The value, liquidity, and related income of certain fixed income securities that have contractual cash flows and weighted average maturities or an effective duration in excess of one year, such as mortgage-backed securities, collateralized mortgage obligations, and alternative investment funds or mutual funds investing in these types of securities or entities, are particularly sensitive to changes in financial markets and economic conditions, including real estate values, delinquencies or defaults, or both, and may be adversely affected by shifts in the market's perception of the issuers and changes in interest rates. In addition, such securities are also subject to prepayment risk and liquidity risk which can adversely affect the fair value and/or income of the investment. Due to the various risks associated with the City's and the Pension Trust Funds' investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. 63 Page 135 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEi vABLES Receivables (excluding lease receivable and restricted assets - accounts receivable) for the City's individual major funds and non -major funds in the aggregate, including the applicable allowances for uncollectible accounts, at September 30, 2022 are as follows: Total $16,500,745 $ 2,353,212 $ 1,957,277 $ 698,846 $ (8,064,571) $13,445,509 The amounts due from other governments at September 30, 2022 are summarized as follows: Due from Palm Beach County $ 104,324 Due from State of Florida 1,544,224 Due from U.S. Government 308,729 Total Due From Other Governments $ 1,957,277 Homebuyer Assistance Program: The CRA established a Homebuyer Assistance Program to assist residents with the purchase of a home by providing a subsidy of up to $50,000 per homeowner. The subsidy is secured by a mortgage note payable on the residence, which require repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the homeowner remains in the home for the full term specified in the agreement. The amount of these mortgage notes receivable outstanding at September 30, 2022, totaled $603,872. Given the nature of these loans, collection is uncertain, and therefore an allowance has been established at 100% of the value of the mortgages receivable outstanding and therefore, these mortgage notes receivable are not recognized on the financial statements. .A Page 136 of 1165 Receivables, Receivables, Due From Public Allowance Total Billed Unbilled Other Services Uncollectible Receivables, Fund Services Services Governments Taxes Accounts Net General Fund $11,401,508 $ $ 746,859 $ $ (7,375,783) $ 4,772,584 CRA Special Revenue Fund 6,147 6,147 Non -Major Govern- mental Funds 167,254 56,737 1,210,418 698,358 (45,130) 2,087,637 Water and Sewer Fund 3,920,964 1,831,122 488 (464,803) 5,287,771 Sanitation Fund 1,004,165 465,353 (178,855) 1,290,663 Non -Major Enterprise Funds 200 200 Internal Service Funds 507 507 Total $16,500,745 $ 2,353,212 $ 1,957,277 $ 698,846 $ (8,064,571) $13,445,509 The amounts due from other governments at September 30, 2022 are summarized as follows: Due from Palm Beach County $ 104,324 Due from State of Florida 1,544,224 Due from U.S. Government 308,729 Total Due From Other Governments $ 1,957,277 Homebuyer Assistance Program: The CRA established a Homebuyer Assistance Program to assist residents with the purchase of a home by providing a subsidy of up to $50,000 per homeowner. The subsidy is secured by a mortgage note payable on the residence, which require repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the homeowner remains in the home for the full term specified in the agreement. The amount of these mortgage notes receivable outstanding at September 30, 2022, totaled $603,872. Given the nature of these loans, collection is uncertain, and therefore an allowance has been established at 100% of the value of the mortgages receivable outstanding and therefore, these mortgage notes receivable are not recognized on the financial statements. .A Page 136 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES (CONnNuED) Homeowner Assistance Program: The City has a Community Development Block Grant with the U.S. Department of Housing and Urban Development (HUD) to assist local property owners with rehabilitation and preservation of their personal residence. The assistance is secured by a mortgage note payable on the residence, which requires repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the property owner remains in the property for the full term specified in the agreement, typically fifteen years. The amount of these mortgage notes receivable outstanding at September 30, 2022 totaled $4,730,328. Given the nature of these loans and that there is no right to demand payment; the City does not expect to collect the receivables. Accordingly, the City charges the homeowner loans to expenditures when approved and does not recognize these notes receivable in the financial statements. Lease Receivable Effective October 1, 2021, the City adopted the provisions of GASB No. 87, Leases, which required the City to recognize a lease receivable and a deferred inflow of resources. The City, as Lessor, leases land and all access and utility easements (the "Premises") for communication towers (cell phone towers) and bill boards. The lease terms under these agreements ranged from 36 months to 29 years. In addition, certain leases have extension and/or termination options, for which the City has made determinations as to if those options are reasonably certain to be exercised, and those determinations are reflected in the calculations presented, in accordance with GASB No. 87. During the fiscal year ended September 30, 2022, the Board recognized the following related to this lease agreement: Lease revenue Interest Income Total $ 358,894 64,674 $ 423,568 65 Page 137 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) B. RECEIVABLES (CONTINuED) Lease Receivable (Continued) Future principal and interest payment requirements related to the City's lease receivables at September 30, 2022 are as follows: C. RESTRICTED ASSETS In connection with City ordinances governing the issuance of water and sewer system revenue bonds, the City is required to invest and restrict pooled cash and investments and accounts receivable held for customer deposits, bond requirements and unspent bond proceeds held for capital improvements of the water and sewer system. •• Page 138 of 1165 Future Principal Interest Minimum Fiscal Year Ending September 30, Receipt Revenue Rent 2023 $ 177,637 $ 63,828 $ 241,465 2024 189,608 62,011 251,619 2025 129,567 60,049 189,616 2026 139,336 58,244 197,580 2027 120,773 56,294 177,067 2028-2032 736,880 249,029 985,909 2033- 2037 759,513 183,495 943,008 2038- 2042 737,429 118,723 856,152 2043- 2047 509,369 63,113 572,482 2048-2050 407,366 13,551 420,917 Total $3,907,478 $ 928,337 $4,835,815 C. RESTRICTED ASSETS In connection with City ordinances governing the issuance of water and sewer system revenue bonds, the City is required to invest and restrict pooled cash and investments and accounts receivable held for customer deposits, bond requirements and unspent bond proceeds held for capital improvements of the water and sewer system. •• Page 138 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) G RESTRICTED ASSETS (CONTINUED) The restricted assets and liabilities payable from restricted assets in the Water and Sewer Fund at September 30, 2022, are summarized as follows: 67 Page 139 of 1165 Restricted For Customer Revenue Bond Capital Deposits Covenants Improvements Total Restricted Assets Pooled cash and investments $ 1,576,090 $ 6,767,719 $ 43,098,610 $ 51,442,419 Accounts receivable 39,717 -- -- 39,717 Total Restricted Assets 1,615,807 6,767,719 43,098,610 51,482,136 Liabilities Payable from Restricted Assets Customer deposits (1,615,807) -- -- (1,615,807) Revenue bonds payable, current -- (6,105,000) -- (6,105,000) Accrued revenue bond interest -- (662,719) -- (662,719) Contract payable -- -- (17,595) (17,595) Total Liabilities (1,615,807) (6,767,719) (17,595) (8,401,121) Net Restricted Assets -- -- 43,081,015 43,081,015 Less unspent bond proceeds allocated to revenue bonds payable -- -- (43,081,015) (43,081,015) Net Position Restricted for Revenue Bond Covenants $ -- $ -- $ -- $ -- 67 Page 139 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) D. INVESTMENT IN REGIONAL WASTvvATER TREATMENT PLANT In 1974, the City joined with the City of Delray Beach to form the South Central Regional Wastewater Treatment and Disposal Board (the "Board"), an independent special district. The Board, which is governed by a body composed of the Commission members from each City, oversees the operation of the Regional Wastewater Treatment Plant which services both cities and surrounding areas. The interlocal agreement between the City and the City of Delray Beach specifies that the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition, the Board has the authority, subject to approval by a majority vote of each City Commission before becoming effective, to adopt an annual budget, establish rates and charges for operations, maintenance, expansion and construction, enter into contracts for non -budgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respective cities. No debt has been authorized or issued by the Board. Ownership of the Regional Wastewater Treatment Plant is vested proportionately with the cities in accordance with the capital investments of each city, which to date are approximately 50% each. The Board charges each city for its share of the Board's operating expenses based on the percentage flow of wastewater from each city. For the year ended September 30, 2022, the City accounted for approximately 50% of the total wastewater flow treated by the Board, and approximately 50% of the Board's operating expenses were billed to the City. The City accounts for its investment in the Board as a joint venture recorded on the equity method of accounting. At September 30, 2022, the City's 50% equity interest in the net position of the Board totaled $15,649,128 plus land purchased by the City in the amount of $554,612 for a total investment of $16,203,740. This investment has been included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. Page 140 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) D INVESTMENT IN REGIONAL WASTEWATER TREATMENT PLANT (CONTINUED) At September 30, 2022, the City had areceivable from and apayable to the Board of $298,682 and $322,299, respectively. For the year ended September 30, 2022, the City paid approximately $4.4 million to the Board for operating expenses, repairs and replacement and capital charges. Each individual city is responsible for setting the rates and collecting charges for wastewater disposal from customers within its jurisdiction. Financial information (rounded) relating to the Board as of and for the years ended September 30, 2022 and 2021 is as follows: Net Position 2022 2021 Current and other assets $10,842,000 $12,319,000 Capital assets, net 35,817,000 34,771,000 Total Assets 46,659,000 47,090,000 Current liabilities 2,301,000 2,486,000 Noncurrent liabilities 11,519,000 12,412,000 Total Liabilities 13,820,000 14,898,000 Total Deferred Inflows of Resources 1,540,000 -- Net Position $31,299,000 $32,192,000 Changes in Net Position 2022 2021 Charges for services Operating grants and contributions Capital grants and contributions Operating expenses Operating Loss Investment and other revenues Transfers to joint venture participants Changes in Net Position $ 7,487,000 $ 8,422,000 1,200,000 1,200,000 1,375,000 853,000 (11,036,000) (10,517,000) (974,000) (42,000) 81,000 123,000 -- (1,375,000) $ (893,000) $ (1,294,000) Page 141 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) D INVESTMENT IN REGIONAL WASTEWATER TREATMENT PLANT (CONTINUED) Separate, audited financial statements of the Board can be obtained by contacting the South Central Regional Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445. E. CAPITAL Ass= Capital asset activity for the year ended September 30, 2022, was as follows: Less Accumulated Depreciation Buildings and improvements Beginning (38,720) (4,892,110) (65,082,588) Ending (73,288,548) Balances * Reclassification Additions Deletions Balance Governmental Activities (14,490,445) Less Accumulated Amortization Non -depreciable assets: Leases (Right -of -use assets) (750,127) Land $ 32,183,013 $ $ 2,086,843 $ (323,222) $ 33,946,634 Construction in progress 1,092,357 (448,189) 1,601,034 (159,662,576) 2,245,202 Total Non -Depreciable Assets 33,275,370 (448,189) 3,687,877 (323,222) 36,191,836 Depreciable Assets Assets, Net $ 189,919,859 $ $ 2,796,039 $ Buildings and improvements 181,480,263 311,741 3,776,933 (1,117) 185,567,820 Machinery, equipment, and vehicles 93,044,525 136,448 6,892,396 (161,326) 99,912,043 Infrastructure 22,903,504 749,040 23,652,544 Leases (Right -to -use assets) 6,731,007 6,731,007 Total Depreciable Assets 304,159,299 448,189 11,418,369 (162,443) 315,863,414 Less Accumulated Depreciation Buildings and improvements (60,151,758) (38,720) (4,892,110) (65,082,588) Machinery, equipment, and vehicles (73,288,548) 38,720 (6,252,029) 162,441 (79,339,416) Infrastructure (14,074,504) (415,941) (14,490,445) Less Accumulated Amortization Leases (Right -of -use assets) (750,127) (750,127) Total Accumulated Depreciation and Amortization (147,514,810) (12,310,207) 162,441 (159,662,576) Total Depreciable Assets, Net 156,644,489 448,189 (891,838) (2) 156,200,838 Governmental Activities Capital Assets, Net $ 189,919,859 $ $ 2,796,039 $ (323,224) $192,392,674 * Beginning balance was adjusted to consider proper amounts related to the implementation of GASB87. 70 Page 142 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL ASSETS (CONTINUED Capital asset activity for the year ended September 30, 2022, was as follows: Total Accumulated Depreciation (241,360,752) -- (13,188,149) -- (254,548,901) Total Depreciable Assets, Net 172,217,049 4,427,030 (13,005,271) (72,099) 163,566,709 Business -Type Activities Capital Assets, Net $ 185,592,634 $ -- $ (7,199,941) $ (72,099) $ 178,320,594 * Beginning balance was adjusted to consider proper amounts related to the implementation of GASB87. 71 Page 143 of 1165 Beginning Ending Balances * Reclassification Additions Deletions Balance Business -type Activities Non -depreciable assets: Land $ 5,132,225 $ -- $ -- $ -- $ 5,132,225 Intangibles 2,910,000 -- -- -- 2,910,000 Construction in progress 5,333,360 (4,427,030) 5,805,330 -- 6,711,660 Total Non -Depreciable Assets 13,375,585 (4,427,030) 5,805,330 -- 14,753,885 Depreciable Assets Buildings and improvements 143,543,815 -- 182,878 -- 143,726,693 Utility lines 195,466,978 -- -- -- 195,466,978 Wells 21,924,533 -- -- -- 21,924,533 Golf course improvements 2,681,199 -- -- (53,000) 2,628,199 Machinery, equipment, and vehicles 49,564,139 4,427,030 -- (19,099) 53,972,070 Leases (Right -to -use assets) 397,137 -- -- -- 397,137 Total Depreciable Assets 413,577,801 4,427,030 182,878 (72,099) 418,115,610 Less Accumulated Depreciation Buildings and improvements (73,909,294) -- (3,460,699) -- (77,369,993) Utility lines (111,661,096) (1,582,930) (4,522,510) -- (117,766,536) Wells (21,745,235) 1,582,930 (1,762,228) -- (21,924,533) Golf course improvements (2,581,342) 78,812 (125,669) -- (2,628,199) Machinery, equipment, and vehicles (31,463,785) (78,812) (3,317,043) -- (34,859,640) Total Accumulated Depreciation (241,360,752) -- (13,188,149) -- (254,548,901) Total Depreciable Assets, Net 172,217,049 4,427,030 (13,005,271) (72,099) 163,566,709 Business -Type Activities Capital Assets, Net $ 185,592,634 $ -- $ (7,199,941) $ (72,099) $ 178,320,594 * Beginning balance was adjusted to consider proper amounts related to the implementation of GASB87. 71 Page 143 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) E. CAPITAL ASSETS (CONTINUED Depreciation expense was charged to programs/functions as follows: Government Activities General government $ 3,646,667 Public safety 1,404,114 Physical environment 823,701 Economic environment 3,356 Culture and recreation 1,816,977 Capital assets of the City's internal service funds are charged to functions based on their usage of the assets 4,358,429 Blended component unit 256,963 Total Depreciation and Amortization - Governmental Activities $12,310,207 Business -type Activities Water and sewer $13,060,131 Sanitation 2,349 Non -major enterprise fund: Golf course 125,669 Total Depreciation - Business -type Activities $13,188,149 72 Page 144 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) F. INTERFUND RECEIVABLES AND PAYABLES Interfund receivable and payable balances at September 30, 2022, are summarized as follows: General Fund Special Revenue Funds: Grants Fund American Rescue Plan Fund Community Improvements Fund Internal Service Fund: Warehouse Fund Total Interfand Interfund Receivables Payables $ 2,870,529 $ -- -- 249,236 -- 1,600,000 -- 556,505 -- 464,788 $ 2,870,529 $ 2,870,529 The outstanding balances among funds result mainly from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. These balances also include the amount of working capital loans made to various funds that the General Fund expects to collect in the subsequent year. G. INTERFUND TRANSFERS Transfers Out General Fund Boynton Beach CRA Special Revenue Fund American Rescue Plan Fund Non -Major Governmental Funds Water and Sewer Fund Sanitation Fund Other Enterprise Funds Internal Service Funds Transfers In Boynton Beach Non -Major Internal Total General CRA Special Governmental Sanitation Service Transfers Fund Revenue Fund Funds Fund Funds In $ -- $ -- $ 163,903 $ 1,600,000 10,918,500 7,931,000 1,100,000 100,000 14,239,631 -- $ 3,298,297 $ 3,462,200 1,207,041 325,000 10,000 14,239,631 1,600,000 31,795 12,157,336 1,075,192 9,331,192 1,615,618 2,715,618 111,297 221,297 12,869 12,869 Total Transfers Out $21,649,500 $ $15,935,575 $ 10,000 $ 6,145,068 $43,740,143 73 Page 145 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) G. INTERFUND TRANSFERS (CONTINUED) Transfers are used to: (1) pay the payment in lieu of taxes charged to the various enterprise funds by the General Fund, (2) fund the excess expenses of the internal service funds for the current period, and (3) move fund revenues to finance various programs that the government must account for in other funds in accordance with budgetary authorizations and legal requirements, including amounts provided as subsidies or matching funds for various grant programs and excess revenues collected for debt service after the payment of principal and interest due for the current year. H. NONCURRENT LIABILITIES Governmental Activities Changes in governmental activities noncurrent liabilities for the year ended September 30, 2022, were as follows: Public Service Tax Revenue Refunding Bonds, Series 2015 CRA Tax Increment Refunding Revenue Bonds, Series 2012 CRA Tax Increment Refunding Revenue Bonds, Series 2015 Loan payable Total Bonds and Note Payable Capital leases for Town Square facilities Capital leases for equipment - Red Light Camera Capital lease for equipment Installment agreements for equipment Compensated absences Provision for insurance losses Total Noncurrent Liabilities Beginning Ending Due Within Balances * Additions Reductions Balance One Year $ 13,695,000 $ -- $ (2,170,000) $ 11,525,000 $ 2,215,000 7,439,000 -- (1,439,000) 6,000,000 1,471,000 2,730,000 -- (420,000) 2,310,000 435,000 -- 2,550,000 -- 2,550,000 -- 23,864,000 2,550,000 (4,029,000) 22,385,000 4,121,000 76,589,430 -- (1,723,405) 74,866,025 1,784,620 6,303,514 -- (622,502) 5,681,012 623,718 427,793 -- (109,407) 318,386 109,202 856,460 -- (494,466) 361,994 361,994 7,925,263 5,748,059 (6,269,486) 7,403,836 962,499 6,375,743 2,282,938 (1,932,706) 6,725,975 2,288,097 $ 122,342,203 $ 10,580,997 $ (15,180,972) $ 117,742,228 $ 10,251,130 * Beginning balance was adjusted to consider proper amounts related to the implementation of GASB87. 74 Page 146 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) H. NONcuRRENT LIABILITIES (coNnNDED) Governmental Activities (continued) Compensated absences are typically liquidated by the General Fund. Insurance claims liabilities have typically been liquidated by the Self Insurance Internal Service Fund, which mainly serves the governmental funds. Therefore, the long-term liabilities of this fund are included in the governmental activities noncurrent liabilities. Public Service Tax Revenue Refunding Bonds, Series 2015: On May 15, 2015, the City issued $24,210,000 Public Service Tax Revenue Refunding Bonds, Series 2015 (the "Series 2015 Bonds"), to advance refund $5,425,000 of the Public Service Tax Revenue Bonds, Series 2004, and $18,190,000 of the Public Service Tax Revenue Refunding Bonds, Series 2006, and to pay the costs associated with the issuance of the Series 2015 Bonds. The proceeds of the Series 2015 Bonds were placed in an irrevocable trust to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of paying future debt service on the refunded bonds. The refunding resulted in an economic gain (the difference between the present value of the debt service payments of the refunded and refunding bonds) of approximately $2,450,000 and reduced the total debt service payments by approximately $2,723,000. The Series 2015 Bonds bear interest at a fixed rate of 1.95% and are payable semi- annually on November 1 and May 1. Principal payments are due each November 1 through maturity on November 1, 2026. The Series 2015 Bonds are payable from and secured by a pledge of the City's public service tax revenues. The debt service requirements of the Series 2015 Bonds are as follows at September 30, 2022: Fiscal Year Ending September 30, Principal Interest Total 2023 $ 2,215,000 $ 203,142 $ 2,418,142 2024 2,260,000 159,510 2,419,510 2025 2,305,000 115,000 2,420,000 2026 2,350,000 69,615 2,419,615 2027 2,395,000 23,351 2,418,351 Total $11,525,000 $ 570,618 $12,095,618 75 Page 147 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) CRA Tax Increment Refunding Revenue Bonds, Series 2012: Resolution 12-07 of the CRA Board of Commissioners dated October 9, 2012, authorized the issuance of CRA Tax Increment Refunding Revenue Bonds, Series 2012 (the "CRA Series 2012 Bonds"), in the principal amount of $16,185,000 to advance refund $12,665,000 of the CRA Tax Increment Revenue Bonds, Series 2004 and $3,000,000 of the CRA Tax Increment Revenue Bonds, Series 2005A. The proceeds of the CRA Series 2012 Bonds were placed in an irrevocable trust to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of paying future debt service on the refunded bonds. The refunding resulted in an economic gain of approximately $1,182,000 and reduced the total debt service payments by approximately $2,095,000. The bonds require annual principal installments of $1,397,000 to $1,530,000 plus interest at 2.56% through maturity on October 1, 2026. Principal and interest on the CRA Series 2012 Bonds are payable from and secured by a pledge of the CRA's tax increment revenues. The debt service requirements of the CRA Series 2012 Bonds are as follows at September 30, 2022: Fiscal Year Ending September 30, Principal Interest Total 2023 $ 1,471,000 $ 153,600 $ 1,624,600 2024 1,512,000 115,942 1,627,942 2025 1,487,000 77,236 1,564,236 2026 1,530,000 39,167 1,569,167 Total $ 6,000,000 $ 385,945 $ 6,385,945 CRA Tax Increment Refunding Revenue Bonds, Series 2015: On March 26, 2015, the CRA authorized the issuance of $5,005,000 Tax Increment Refunding Revenue Bonds, Series 2015 (the "CRA Series 2015 Bonds"), to advance refund the CRA's Tax Increment Revenue Bonds, Series 2005B. The CRA Series 2015 Bonds were structured as a private placement to be issued as additional bonds under Resolution No. 15-01 adopted on March 10, 2015. The payment of principal and interest on the CRA Series 2015 Bonds are secured by a pledge of the CRA's tax increment revenues. Principal and interest at a fixed interest rate of 3.30% on the CRA Series 2015 Bonds is payable through maturity on October 1, 2026. The refunding resulted in an economic gain of approximately $1,450,000 and reduced the total debt service payments by approximately $1,790,000. The debt service requirements of the CRA Series 2015 Bonds are as follows at September 30, 2022: 76 Page 148 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Fiscal Year Ending September 30, 2023 2024 2025 2026 Total Principal Interest Total $ 435,000 $ 76,230 $ 511,230 445,000 61,875 506,875 705,000 47,190 752,190 725,000 23,925 748,925 $ 2,310,000 $ 209,220 $ 2,519,220 CRA Loan Payable: On December 16, 2021, the CRA executed a mortgage loan and promissory note, maturing on December 16, 2031 in the amount of $2,550,000 which is secured by certain real property. The loan had interest only payments through the first 12 months at an interest rate of 4.00%. The loan and note were paid off subsequent to the fiscal year end on December 9, 2022. Town Square Capital Lease Obligation: The City Commission approved the Town Square Project (the "Project") to redevelop the existing City Hall complex and surrounding properties with a Public -Private Partnership between the City and private development companies pursuant to Florida Statutes Section 287.05712. The Project includes the construction of a new City Hall, Police Station, Fire Station and Library and renovation of the historic Boynton Beach High School building as the City's new cultural center. The City entered into lease agreements with CFP Boynton Beach Town Square, LLC ("CFP"), a Minnesota non-profit corporation and a qualified tax exempt 501(c)(3) charitable organization to build and finance the Project and lease the facilities to the City upon completion of construction. The City owns the land where the former City Hall complex and Police and Fire Station facilities were located and entered into "Ground Lease" agreements with CFP to construct the Town Square Project on the City's site. The City and CFP also entered into "Facilities Lease" agreements for the completed Town Square facilities. The 25 year term of the Ground Leases match the term of the Facilities Leases which end on June 1, 2044. The Facilities Leases were determined to be capital lease agreements under GAAP. Upon termination of the Ground Leases and Facilities Leases, CFP's rights and title to the buildings, improvements and property will terminate and all rights and title to the Town Square properties and facilities will vest with the City. The City's lease payments to CFP under the Facilities Leases are due semi-annually on December 1 and June 1, and range from approximately $3.0 million to $5.2 million over the term of the Facilities Leases ending on June 1, 2044. At September 30, 2022, the cost of buildings and improvements held under 77 Page 149 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) H. NONcuRRENT LIABILITIES (CONnNDED) Governmental Activities (continued) these agreements was approximately $79,850,000 and the accumulated amortization was approximately $3,992,500 at September 30, 2022 Amortization expense related to the leased facilities is included in depreciation expense in the accompanying financial statements. The Facilities Lease payments and all Project buildings and improvements constructed by CFP are pledged as collateral for bonds issued by CFP to construct the Project. The future annual capital lease payments owed by the City are as follows at September 30, 2022: Fiscal Year Ending September 30 Amount 2023 $ 4,483,578 2024 4,483,178 2025 4,482,619 2026 4,482,186 2027 4,482,186 2028-2032 25,910,715 2033-2037 25,904,169 2038-2042 25,907,167 2043-2044 10,349,670 Total minimum lease payments 110,485,468 Less amounts representing interest (35,619,443) Capital Lease Obligation at September 30, 2022 $ 74,866,025 Page 150 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Installment Agreements for Equipment: The City entered into various installment agreements to finance the purchase of equipment. At September 30, 2022, the cost of equipment held under these agreements was approximately $2,345,000 and the accumulated amortization was approximately $1,983,000 at September 30, 2022. The installment agreements are secured by the related equipment. Amortization expense related to the equipment is included in depreciation expense in the accompanying financial statements. Future payments for the City's installment agreements through maturity are as follows as of September 30, 2022: Fiscal Year Ending September 30 Amount 2023 $ 371,623 Total minimum lease payments 371,623 Less amounts representing interest (9,629) Outstanding Balance at September 30, 2022 $ 361,994 Capital Lease Payable: The City adopted GASB Statement No. 87, Leases and recorded various capital leases for equipment. The leases were for equipment assets that included red light cameras, a postage machine and smart tasers. Red Light Cameras — Prior to October 1, 2021, the City entered into a 115 month lease agreement as Lessee for the use of Red Light Cameras. An initial lease liability was recorded in the amount of $6,303,514. As of September 30, 2022, the lease liability is $5,681,012. The City is required to make monthly fixed payments of $57,750. The lease has an interest rate of 1.28%. The value of the right to use asset as of September 30, 2022 is $6,303,514 with accumulated amortization of $655,100. Smart Tasers — Prior to October 1, 2021, the City entered into a 56 month lease as Lessee for the use of Smart Tasers. An initial lease liability was recorded in the amount of $408,396. As of September 30, 2022, lease liability is $306,616. The City is required to make annual fixed payments of $103,500. The lease has an interest rate of 0.63%. The value of the right to use asset as of September 30, 2022 of $408,396 with accumulated amortization of $87,513. 79 Page 151 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) Postal Machine — Prior to October 1, 2021, the City entered into a 30 month lease as Lessee for the use of Postage Machine. An initial lease liability was recorded in the amount of $19,098. As of September 30, 2022, the lease liability is $11,770. The City is required to make quarterly fixed payments of $1,917. The lease has an interest rate of 0.33%. The value of the right to use asset as of September 30, 2022 is $19,098 with accumulated amortization of $7,514. The principal and interest requirements to maturity for the City's GASB 87 lessee leases are presented below. Fiscal Year Ending September 30, Principal Interest Total 2023 $ 732,920 $ 71,248 $ 804,168 2024 737,807 62,527 800,334 2025 742,784 53,716 796,500 2026 648,199 44,801 693,000 2027 656,571 36,429 693,000 2028-2032 2,481,117 60,183 2,541,000 Total $ 5,999,398 $ 328,904 $ 6,328,002 Pledged Governmental Revenues - The City has pledged the future public service tax revenues of the City to repay the outstanding Public Service Tax Revenue Refunding Bonds, Series 2015. The public service tax bonds are payable solely from the public service tax revenues received by the City and are payable through fiscal year 2027. Annual principal and interest payments on the bonds are expected to require less than 25% of public service tax revenues. Total principal and interest remaining to be paid on the public service tax revenue bonds is $12,095,618 at September 30, 2022. Principal and interest paid and public service tax revenues received for the current year were $2,415,895 and $11,060,000, respectively. The CRA has pledged its future tax increment revenues to repay the outstanding CRA Tax Increment Refunding Revenue Bonds, Series 2012 and 2015. The City has also pledged its full faith and credit to guarantee repayment by the CRA of its outstanding bonds. The tax increment bonds are payable solely from the tax increment revenues received by the CRA and are payable through fiscal year 2027. Annual principal and interest payments on the bonds are expected to require less than 20% of the tax increment revenues. Total principal :1 Page 152 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Governmental Activities (continued) and interest remaining to be paid on the CRA tax increment revenue bonds at September 30, 2022 is $8,905,165. Principal and interest paid for the current year were $2,139,528. Tax increment revenues received by the CRA for the current year were $15,918,708. Events of Default - Events of default for governmental activities debt generally include the nonpayment of principal and interest when due, the dissolution, liquidation or bankruptcy of the issuer, or any other violations of the bond covenants that are not cured within the greater of a reasonable time or 30 days following written notice of violation by at least 25% of the bondholders. In the event of a default, the interest rate increases to the maximum rate allowed by law (18%) and upon written notice of a majority of the bondholders, all outstanding bonds may be declared immediately due and payable. The issuer is also responsible for the debtors' costs of collection. Business -type Activities Changes in business -type activities noncurrent liabilities are as follows for the year ended September 30, 2022: Water and Sewer Utility Series 2012 Bonds Series 2016 Bonds Series 2020B Bonds Series 2021A Bonds Unamortized bond premium Total Revenue Bonds Payable Right -to -use Financing Compensated absences Total Noncurrent Liabilities Beginning Ending Due Within Balances * Additions Reductions Balance One Year $ 2,565,000 $ $ (2,565,000) $ -- $ 23,000,000 (1,830,000) 21,170,000 1,860,000 10,190,000 (630,000) 9,560,000 650,000 42,140,000 (735,000) 41,405,000 3,595,000 84,712 (84,712) 77,979,712 (5,844,712) 72,135,000 6,105,000 397,137 (68,647) 328,490 76,995 1,477,848 1,193,029 (1,223,155) 1,447,722 188,204 $ 79,854,697 $ 1,193,029 $ (7,136,514) $ 73,911,212 $ 6,370,199 * Beginning balance was adjusted to consider proper amounts related to the implementation of GASB87. Compensated absences are typically liquidated by the Water and Sewer, Sanitation and Other Enterprise Funds for which the related employees work. Page 153 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) Water and Sewer Utility Revenue Bonds, Series 2012: On February 27, 2012, the City issued $45,895,000 Water and Sewer Utility System Revenue Bonds, Series 2012 (the "Series 2012 Bonds"), to finance the cost of approximately $20 million of capital improvements to the City's Water and Sewer Utility System and to refund all of the City's outstanding Water and Sewer Utility System Revenue Bonds, Series 2008, maturing on or after November 1, 2012. Interest on the Series 2012 Bonds is payable semi-annually on November 1st and May I" at interest rates ranging from 3.63% to 5.0% and principal payments are due on November 1st The principal and interest on the Series 2012 Bonds are payable solely from and secured by a pledge of the City's Water and Sewer Utility System revenues. The default interest rate on the Series 2012 Bonds is the maximum rate allowed by law (18%). The bonds were paid in full on in November 2021. Water and Sewer Utility Revenue Bonds, Series 2016: On November 18, 2016, the City issued $23,000,000 Water and Sewer Utility System Revenue Bonds, Series 2016 (the "Series 2016 Bonds"), to finance improvement projects including pipeline rehabilitation in various neighborhood locations, water reuse distribution, completion of the East Plant Rehabilitation and ion exchange, the Seacrest Corridor Improvement Projects and to pay costs associated with the issuance of the Series 2016 Bonds. The Series 2016 Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.45% is payable on November 1st and May 1St and principal payments are due beginning November 1, 2021 through maturity on November 1, 2031. The default interest rate on the Series 2016 Bonds increases to the greater of (a) the Federal Reserve Bank's Prime Rate plus 3%, (b) the Federal Funds Rate plus 5%, or (c) 7%. Page 154 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) The debt service requirements of the Series 2016 Bonds are as follows: Fiscal Year Ending September 30, 2023 2024 2025 2026 2027 2028-2032 Total Principal Interest Total $ 1,860,000 $ 495,881 $ 2,355,881 1,890,000 449,943 2,339,943 1,925,000 403,209 2,328,209 1,965,000 355,557 2,320,557 2,000,000 306,986 2,306,986 11.530.000 739.903 12.269.903 $21,170,000 $ 2,751,479 $23,921,479 Tax Exempt Utility System Revenue Refunding Bonds, Series 202OB: On April 30, 2020, the City issued $10,500,000 Tax Exempt Utility System Revenue Refunding Bonds, Series 2020B (the "Series 2020B Bonds") to a financial institution, to currently refund all of the of the Series 2018 Bonds, which were called for full redemption on May 1, 2020, and pay the cost of issuance of the Series 2020B Bonds. The Series 2020B Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.16% is payable on the Series 2020B Bonds on November 1st and May 1 st and principal payments are due beginning November 1, 2020 through maturity on November 1, 2034. The debt service requirements of the Series 2020B Bonds are as follows: Fiscal Year Ending September 30, Principal Interest Total 2023 $ 6501000 $ 199,476 $ 849,476 2024 66000 185,328 845,328 2025 67000 170,964 840,964 2026 69000 156,276 846,276 2027 70500 141,210 846,210 2028-2032 3,74000 469,584 4,209,584 2033-2035 244500 7906 2,524,866 Total $ 9,560,000 $ 1,402,704 $ 10,962,704 Page 155 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) K NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) Tax Exempt Utility System Revenue Refunding Bonds, Series 2021A: On August 4, 2021, the City issued $42,140,000 Utility System Revenue Refunding Bonds, Series 2021A (the "Series 2021A Bonds") to a financial institution, to refund all of the of the Series 2020A notes, which were called for full redemption on August 4, 2021. The current refunding of the Series 2018 Bonds resulted in an economic gain of approximately $1,166,000 and reduced the total debt service payments (cash flow savings) by approximately $1,279,000. The Series 2021 A Bonds are payable from and secured by a pledge of the Water and Sewer Utility System Revenue which includes (1) Net Revenues of the System, (2) certain impact fees, and (3) certain funds and accounts established under the bond resolution. Interest at 2.09% is payable on the Series 2021A Bonds on November 1St and May 1st and principal payments are due beginning November 1, 2021 through maturity on November 1, 2034. The debt service requirements of the Series 2021A Bonds are as follows: Fiscal Year Ending September 30, 2023 2024 2025 2026 2027 2028-2032 2033-2035 Total Principal Interest Total $ 3,595,000 $ 827,797 $ 4,422,797 3,690,000 751,669 4,441,669 3,775,000 673,659 4,448,659 3,865,000 5931821 4,458,821 3,960,000 512,050 4,472,050 15,140,000 1,453,595 16,593,595 7,380,000 233,453 7,613,453 $ 41,405,000 $ 5,046,044 $ 46,451,044 Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and interest requirements on all outstanding utility system bonds and 100% of all amounts required to meet the current year's reserve account deposit requirements and renewal and replacement fund requirements. The City was in through compliance with these requirements for the year ended September 30, 2022. Capital Lease Payable: The City entered into a 60 month lease agreement for the purchase of golf equipment. The lease requires fixed monthly payment of $7,125 through October 2026. The lease has a interest rate of 2.9%. At September 30, 2022, the cost of equipment held under these agreements was approximately $397,000 and the accumulated amortization was approximately $79,000 at September 30, 2022. Future payments through maturity are as follows as of September 30, 2022. 84 Page 156 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 - DETAILED NOTES ON ALL FUNDS (CONTINUED) H. NONCURRENT LIABILITIES (CONTINUED) Business -type Activities (continued) Fiscal Year Ending September 30 Amount 2023 $ 85,504 2024 85,504 2025 85,504 2026 85,504 2027 6,678 Total minimum lease payments 348,694 Less amounts representing interest (20,204) Captial Financing Obligation at September 30, 2022 $ 328,490 Pledged Business -type Revenues - The City has pledged the future net revenues (generally customer revenues, net of specified operating expenses) of the Water and Sewer Utility System to repay the outstanding Series 2012, Series 2016 and Series 2020A and 2020B water and sewer utility revenue bonds and notes issued to finance improvements to the system. The water and sewer utility revenue bonds and notes are payable solely from the utility net revenues and are payable through fiscal year 2035. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utility net revenues. Total principal and interest remaining to be paid on the water and sewer utility revenue bonds and notes is $81,335,227. Principal and interest paid for the current year was $6,929,457. The Water and Sewer Utility System net revenues available for debt service for the current year were approximately $24.5 million. Events of Default - Events of default for business -type activities debt generally include nonpayment of principal and interest when due, the dissolution, liquidation or bankruptcy of the issuer, or any other violations of the bond covenants that are not cured within the greater of a reasonable time or 30 days following written notice of violation by at least 25% of the bondholders. In the event of a default, the interest rate increases to the default interest rate and upon written notice of a majority of the bondholders, all outstanding bonds may be declared immediately due and payable. The issuer is also responsible for the debtors' costs of collection. Legal Debt Limit - The City's legal debt limit on general obligation debt is based on 10% of the total assessed value of real property and was approximately $1.3 billion at September 30, 2022. There is no legal debt limit for business -type activities debt. Page 157 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 3 — DETAILED NOTES ON ALL FUNDS (CONTINUED) H. NONCURRENT LIABILITIES (CONTINUED) Interest Expense Total interest costs incurred and paid on all City debt, including the CRA, for the year ended September 30, 2022, totaled $4,644,644 and $4,995,835, respectively. Defeased Bonds The City defeased certain revenue bonds by placing the proceeds of the new bonds in irrevocable trust accounts to provide for all future debt service payments on the defeased bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. At September 30, 2022, the outstanding principal of the defeased bonds considered extinguished under these funding arrangements is as follows: Public Service Tax Revenue Bonds, Series 2006 $ 9,460,000 Water and Sewer Utility Revenue Bonds, Series 2012 37,810,000 Total Defeased Bonds $ 47,270,000 L DEBT SERVICE RESERVE SURETY BONDS The City's Water and Sewer Utility Revenue Bonds, Series 2012, require the City to maintain debt service reserves equivalent to the maximum principal and interest due in any year through maturity on the Bonds. The Bonds' resolutions provide that the City may purchase a credit facility for the debt service reserve requirements from an institution with the highest credit rating for municipal bonds insured or guaranteed by that institution. The City purchased surety bonds from Assured Guaranty Municipal Corporation ("AGM") to satisfy the debt service reserve requirements for the Bonds at the date of issue. At September 30, 2022, AGM had credit ratings that were less than the highest rating from Moody's Investor Service, Inc. ("Moody's") and Standard and Poor's ("S&P Global"). The surety bonds outstanding at September 30, 2022, have a credit rating lower than the City's underlying rating of Aa3 from Moody's. City management, in consultation with bond counsel, has determined that the City is not required to obtain new surety bonds or substitute cash and investments to replace the surety bonds from AGM that are held by the City at September 30, 2022. Accordingly, the debt service reserves for the Bonds are secured only by the original credit facility, which may not be available in the event of nonpayment by the City. we Page 158 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION A. RISKMANAGEMENT The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self Insurance Fund (an Internal Service Fund) to provide coverage for general liability, automotive liability, workers' compensation and property claims. The liability for claims retained by the City is accrued in the Self Insurance Fund which will be the source of payment for these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated, and includes incurred -but -not -reported claims. The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are re-evaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay -outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether allocated to specific claims. Estimated recoveries, for example from salvage or subrogation, are another component of the claims liability estimate. The City also purchased commercial insurance policies to provide excess coverage as follows: Individual Claims in Excess of Maximum Per Person Per Occurrence Coverage General liability $ 200,000 $ 300,000 $5 million Automobile liability 100,000 300,000 $2 million Property 25,000 100,000 $5 million Workers' compensation 500,000 500,000 $5 million The City's liability for estimated insurance losses represents the estimated ultimate cost of settling self-insured liability claims. The liability for estimated insurance losses was estimated by an outside actuary using accepted actuarial methods. These methods consider case -basis reserves established by the City, the rate of loss development on older claims, the effects of incurred -but -not -reported claims and the effects of inflation and other economic factors to determine ultimate cost. Page 159 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) A. RISKMANAGEMENT (CONTINUED) The City has recorded a liability for estimated insurance losses of $6,725,975, of which $2,288,097 is considered to be a current liability. The liability falls within the actuarially determined range, from an actuarial valuation for all claims based upon the date the loss was incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income in determining the net liability for estimated insurance losses by discounting claims to the estimated present value. At September 30, 2022, the recorded liability for estimated insurance losses of $6,725,975 is based on gross claims of $7,271,075 discounted at an assumed rate of return on investments of 3%. The following summarizes the liability for estimated insurance loss activity for the three most recent years: Claims Liability Beginning of Years Fiscal Year 2019-2020 $ 5,545,188 2020-2021 6,052,267 2021-2022 6,375,743 Claims Liability Claims Claims End of ?xoense Paid Fiscal Year S 1,832,036 S (1,324,957) $ 6,052,267 1,119,182 (795,706) 6,375,743 2,282,938 (1,932,706) 6,725,975 For each of the most recent three years, there have been no settlements that have exceeded the City's insurance coverage. B. COMMITMENTS AND CONTINGENCIES Contract Commitments: The City has various long-term contractual obligations for construction projects on which work has not been completed. The balances of these contracts and related commitments as of September 30, 2022, are as follows: Capital Other Water and Other General Projects Governmental Sewer Enterprise Fund Funds Funds Fund Funds Total Total contract amount $ 69,999 $ 2,499,969 $ 3,462,105 $10,353,256 $ 4,199,652 $20,584,981 Interim payments on contracts 25,500 1,029,090 1,385,304 3,794,328 232,428 6,466,650 Remaining Contract Commitments $ 44,499 $ 1,470,879 $ 2,076,801 $ 6,558,928 $ 3,967,224 $14,118,331 W. Page 160 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) B. COMMITMENTS AND CONTINGENCIES (CONTINUED) The contractual commitments of the Water and Sewer Fund will be paid primarily from unspent bond proceeds. The contractual commitments of the General Fund, Capital Projects Funds, Other Governmental Funds and Other Enterprise Funds will be paid from various sources, including future revenues, operating transfers, and available fund equity. Interlocal Agreements: The City approved an Interlocal Agreement with the Town of Ocean Ridge ("Ocean Ridge") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Ocean Ridge for a 12 -year term commencing October 1, 2016 through September 30, 2028. The Agreement provides for Ocean Ridge to pay the City $1,058,853 for the first year of the Agreement with annual increases of 4% thereafter. The City approved an Interlocal Agreement with the Town of Hypoluxo ("Hypoluxo") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Hypoluxo for a 7 -year term commencing October 1, 2018 through September 30, 2025. The Agreement provides for Hypoluxo to pay the City $436,142 for the first year of the Agreement with annual increases of 4% thereafter. The City approved an Interlocal Agreement with the Town of Briny Breezes ("Briny Breezes") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Briny Breezes for a 12 -year term commencing October 1, 2016 through September 30, 2028. This Agreement provides for Briny Breezes to pay the City $356,725 for the first year of the Agreement with annual increases of 4% thereafter. The City approved an Interlocal Agreement with the Village of Golf (the "Village") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to the Village for a 10 -year term commencing October 1, 2015 through September 30, 2025. The Agreement provides for the Village to pay the City $200,000 for the first year of the Agreement with annual increases of 4% thereafter. Grants: Amounts received or receivable from grantor agencies are subject to audit and adjustment by those agencies, principally the Federal and State government. Any disallowed claims, including amounts already received, may constitute a liability of the City for the return of those funds. In the opinion of management, all grant expenditures were in substantial compliance with the terms of the grant agreements and applicable Federal and State statutes and regulations and the amount of reimbursement to grantor agencies, if any, would not materially affect the financial position of the City. Page 161 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) B. COMMITMENTS AND CONTINGENCIES (CONTINUED) Liti ate: The City is a defendant in various lawsuits incurred in the normal course of operations, the ultimate outcomes of which are not presently determinable. Management and the City's legal counsel believe that amounts not covered by insurance, if any, resulting from these lawsuits would not materially affect the financial position of the City. Environmental Liabilities: The City owns property that was used as a landfill prior to 1985. Final closure occurred during 1992. Post -closure care is mandated by State and Federal statutes and regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its closure. Although the City's mandatory post -closure care period ended in 2012, the City's closed landfill site remains subject to ongoing monitoring by various regulatory agencies for potential environmental contaminants. The monitoring programs have not identified any contaminants from the City's closed landfill, however, in the event any landfill contaminants are identified, the City may be financially responsible for the environmental assessment and any cleanup costs, as well as potential fines imposed by governmental regulatory agencies. C. POSTEMPLOYMENT BENEFITS OTHER THANPENSIONS Plan Description The City administers a single -employer defined benefit plan (the "OPEB Plan") that provides medical and life insurance benefits to eligible retired employees and their beneficiaries. The Plan allows its employees and their beneficiaries, at their own cost, to continue to obtain health, dental and other insurance benefits upon retirement. The City Commission has the authority to establish and amend premiums for and the benefit provisions of the OPEB Plan. The OPEB Plan is financed on a "pay-as-you-go" basis and is not administered as a formal qualifying trust. The OPEB Plan does not issue a publicly available financial report. Florida Statute 112.0801 requires the City to allow retirees to buy healthcare coverage at the same group insurance rates that current employees are charged resulting in an implicit healthcare benefit. The State of Florida prohibits the OPEB Plan from separately rating retirees and active employees. Therefore, both groups (active employees and retirees) are charged an equal, blended rate premium. Although both groups are charged the same blended rate premium, GAAP requires the actuarial figures to be calculated using age adjusted premiums approximating claim costs for retirees separate from active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. OPEB Plan members receiving benefits contribute 100% of the monthly premiums ranging from a minimum of approximately $600 to a maximum of approximately $1,300 for medical/prescription coverage. .0 Page 162 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) C POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) Plan Membership Membership of the City's OPEB Plan as of October 1, 2021, the date of the most recent actuarial valuation, is summarized as follows: Inactive employees or beneficiaries currently receiving benefit payments 271 Inactive employees entitled to but not yet receiving benefit payments -- Active employees 675 Total Members Total OPEB Liability 946 The City's total OPEB liability of $9,613,881 was determined by an actuarial roll -forward to September 30, 2022 of the OPEB actuarial valuation as of October 1, 2021. The actuarial methods and significant assumptions used to determine the City's total OPEB liability for the current year are summarized as follows: Valuation date Measurement date Actuarial cost method Post-retirement benefit increases Health care cost trend rates Amortization method Remaining amortization period Asset valuation method Actuarial assumptions: Municipal Bond Rate Projected salary increases (includes Inflation at 2.25%) Mortality October 1, 2021 September 30, 2022 Entry Age Normal None 5.00% for 2022, 5.75% for 2023 and gradually decreasing to an ultimate rate of 3.99% Level Percent of Payroll — Closed 27 years N/A (1) 4.40% 3.25% - 15.0% RP -2010 with generational improvements using Scale MP -2018 91 Page 163 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) C. POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) Total OPEB Liability (continued) (1) The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of September 30, 2022. (2) Since there are currently no invested plan assets held in trust to finance the OPEB obligation, the discount rate is the long-term expected rate of return on tax-exempt, high quality municipal bonds based on the Fidelity 20 -Year Municipal GO AA Index. The discount rate increased from 2.19% to 4.40% for the current year. Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. Projections of benefits are based on the types of benefits provided under the substantive plan at the time of each valuation and on the pattern of sharing of benefit costs between the employer and plan members to that point. In addition, projections of benefits for financial reporting purposes do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of cost sharing between the employer and plan members in the future. Actuarial calculations reflect a long-term perspective and accordingly, actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities. Changes in the Total OPEB Liability The change in the City's total OPEB liability for the current year is as follows: Total OPEB Liability at September 30, 2021 Changes in the total OPEB liability for the year: Service costs Interest Changes of benefit terms Changes in assumptions Difference between expected and actual experience Benefit payments Change in Total OPEB Liability Total OPEB Liability at September 30, 2022 $ 12,230,832 967,490 283,980 (47,800) (2,804,740) (553,496) (462,385) (2,616,951) $ 9,613,881 92 Page 164 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) G POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) Changes in the Total OPEB Liability (continued) Sensitivity of the Total OPEB Liability to Changes in the Discount Rate: The following table presents the total OPEB liability of the City calculated using the current discount rate of 4.40%, as well as what the total OPEB liability would be if it were calculated using a discount rate that is one percentage point lower (3.40%) or one percentage point higher (5.40%) than the current rate: Total OPEB Liability Current 1.0% Current 1.0% Discount Decrease in Discount Increase in Rate Current Rate Rate Current Rate 4.40% $ 10,596,306 $ 9,613,881 $ 8,758,729 Sensitivitv of the Total OPEB Liabilitv to Chances in the Healthcare Cost Trend Rate: The following table presents the total OPEB liability of the City calculated using the current healthcare cost trend rate of 5.00%, as well as what the total OPEB liability would be if it were calculated using a healthcare cost trend rate that is one percentage point lower (4.00%) or one percentage point higher (6.00%) than the current rate: Total OPEB Liability Current 1.0% Current 1.0% Discount Decrease in Trend Increase in Rate Current Rate Rate Current Rate 5.00% $ 8,587,498 $ 9,613,881 $ 10,841,815 93 Page 165 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) C. POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS (CONTINUED) OPEB Expense and Deferred Inflows/Outflows of Resources Related to OPEB For the year ended September 30, 2022, the City recognized OPEB expense of $902,020. At September 30, 2022, the City reported deferred inflows/outflows of resources related to OPEB from the following sources: Deferred Deferred Inflows Outflows Difference between expected and actual experience $ 694,168 $ -- Changes in assumptions and other inputs 2,477,825 615,675 Total $ 3,171,993 $ 615,675 Amounts reported as deferred inflows and outflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending September 30, Amount 2023 $ (289,886) 2024 (287,526) 2025 (446,033) 2026 (413,457) 2027 (447,764) Thereafter (671,652) Total $ (2,556,318) Page 166 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS Description of Plans The City contributes to three (General Employees, Police Officers, and Firefighters') single - employer defined benefit pension plans covering all full-time City employees. General Employees' Pension Fund: The General Employees' Pension Plan covers all permanent full-time employees except those covered by the Police Officers' and Firefighters' Pension Plans. The benefit provisions and all requirements are established by City Ordinance. Employees are fully vested after five years of service with the City. There is no mandatory retirement age. Retirees begin receiving monthly benefit checks the month their retirement begins and continues until death. Benefits to which retirees are entitled are equal to 3% of their final average monthly compensation times years of credited service, provided the employee has completed at least 30 full years of credited service at any age; 25 or more years of credited service at age 55; or 5 or more years of credited service at age 62. Employee contributions are 7% of annual earnings. The City's contribution is determined actuarially on an annual basis. For the year ended September 30, 2022, the City's contribution was $7,134,561. The General Employees' Pension Plan is governed by a seven member board comprised of the Mayor, the City Manager, two City residents appointed by the City Commission and three members elected by the plan membership, one of whom must be a member of a bargaining unit of the City and one of whom must not be a member of a bargaining unit of the City. Police Officers' Pension Fund: The Police Officers' Pension Plan covers all sworn police department employees. Employees are vested after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of age. Employees with 10 years of credited service may retire at or after age 55 or employees with 15 years of credited service may retire at or after age 50. Employees who are age 50 and have 10 years of credited service receive a reduced retirement benefit. Monthly benefit checks begin the month an employee retires, and the amount of benefit to which the retired employee is entitled is equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by $465,087 of the amount the City receives from the State of Florida pursuant to Chapter 185 of the Florida Statutes, which provides for a premium tax on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Police Officers' Pension Fund. For the year ended September 30, 2022, the City's contribution was $6,689,463 and the contribution from the State was $969,097. The Police Officers' Pension Plan is governed by a five member board consisting of two police officers, two City residents and a fifth member elected by the other four members. 95 Page 167 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Description of Plans (continued) Firefi�,hters' Pension Fund: The Firefighters' Pension Plan covers all firefighters and fire department officers. Employees become vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees with 10 years of credited service may retire at or after age 55. Employees who are age 50 and have 10 years of credited service can receive a reduced retirement benefit. Monthly benefit checks begin the month an employee retires, and the amount of the benefit to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 12% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida pursuant to Chapter 175 of the Florida Statutes, which provides for a premium tax on certain property insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Firefighters' Pension Fund. For the year ended September 30, 2022, the City's contribution was $5,545,366 and the contribution from the State was $1,056,527. The Firefighters' Pension Plan is governed by a five member board consisting of two firefighters, two City residents and a fifth member elected by the other four members. The benefit provisions and all other requirements of the General Employees', Police Officers' and Firefighters' Pension Funds are established by City Ordinance. The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created these plans, including subsequent amendments thereto. The Florida Statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions, State appropriations and income from investment of accumulated funds. Florida Statutes also provide that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues which may lawfully be used for said purposes and in an amount sufficient to make up the deficiency. The investments of the funds are administered, managed and operated by the respective Board of Trustees of each plan. we Page 168 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Description of Plans (continued) The net pension liability, deferred outflows/inflows of resources related to pensions and pension expense related to the City's three defined benefit retirement plans are summarized as follows at September 30, 2022: Net pension liability Deferred outflows of resources Deferred inflows of resources Pension expense Plan Membership General Police Employees' Officers' Firefighters' Total $ 33,691,756 $ 72,460,703 $ 62,363,854 $168,516,313 $ 26,523,863 $ 23,787,050 $ 24,147,918 $ 74,458,831 $ 378,175 $ -- $ 513,391 $ 891,566 $ 8,466,760 $ 14,161,993 $ 9,630,812 $ 32,259,565 Membership data of the City's pension plans as of the most recent actuarial valuation date of October 1, 2021, is summarized as follows: General Police Employees' Officers' Firefighters' Retirees, beneficiaries and DROP participants receiving benefits 459 150 133 Terminated employees entitled to benefits but not yet receiving them 57 21 2 Active members 410 121 111 97 Page 169 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Significant Accounting Policies The financial statements of the three pension plans are prepared using the economic resources measurement focus and the accrual basis of accounting. Employee and employer contributions are recognized in the period in which employee services are performed. Benefits and refunds are recognized when due and payable in accordance with the terms of the plan. Other expenses are recognized when the corresponding liabilities are incurred. Investment income is recognized as revenue when earned. Investments are reported at fair value. Money market mutual funds are reported at amortized cost, which approximates fair value. Securities and mutual funds traded on a national exchange are valued at the last sales price. Net asset values of investment funds that are not publicly traded are determined by the fund managers based on the fair values of the underlying investments of the fund. Net appreciation or depreciation in the fair value of investments includes the difference between the fair value and cost of the investments held as well as the net realized and unrealized gains and losses for investments sold during the period. Interest and dividend income are recognized on the accrual basis when earned. Purchases and sales of investments are recorded on a trade date basis. Investment earnings are reduced for investment related expenses, such as management fees, portfolio evaluation and custodial services. DROP Accounts Any participant of the General Employees', Police Officers', and Firefighters' Pension Plans who is eligible to receive an early or normal retirement benefit may elect to participate in a deferred retirement option plan (DROP) while continuing his or her active employment. Upon participation in DROP, the participant becomes a retiree for plan purposes and ceases to accrue further benefits under the pension plan. Normal retirement payments payable to the participant are invested in DROP and distributed to the participant upon termination of employment. The amounts held for DROP benefits at September 30, 2022 were $19,238,258 for the General Employees' Pension Plan; $19,412,279 for the Police Officers' Pension Plan; and $24,470,084 for the Firefighters' Pension Plan. W. Page 170 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Investments Investment Policy: The policy for the allocation of invested assets is established and may be amended by a majority vote of the Board of each pension plan. It is the policy of each pension plan Board to pursue an investment strategy that reduces risk through the prudent diversification of the investment portfolio across a broad selection of distinct asset classes. The investment policies of the City's pension plans discourage the use of cash equivalents, except for liquidity purposes, and aims to refrain from dramatically shifting asset class allocations over short time spans. There were no significant changes in the investment policies of the City's pension plans for the year ended September 30, 2022. The asset allocation policies adopted by the pension plan Boards at September 30, 2022 were as follows: Domestic equity International equity Bonds and fixed income Real estate and REITS Alternative assets Master limited partnerships Commodities Cash General Police Employees' Officers' Firefighters' 50% 25% 45% 15% 30% 15% 20% 32% 15% 15% 7% 10% -- -- 15% -- 2% -- -- 2% -- -- 2% -- Page 171 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Investments (CONTINUED) Rate of Return: The money -weighted rate of return expresses investment performance, net of investment expenses, adjusted for the changing amounts actually invested. The annual money -weighted rates of return on pension plan investments, net of investment expenses, were as follows for the year ended September 30, 2022: Annual money -weighted rate of return Net Pension Liability General P olic e Employees' Officers' Firefighters' -12.80% -14.28% -15.75% The components of the net pension liability for the three pension plans for the most recent actuarial valuation as of October 1, 2021, were as follows: Total pension liability Less plan fiduciary net position Net Pension Liability Plan Fiduciary Net Position as a Percentage of the Total Pension Liability General Police Employees' Officers' Firefighters' $ 228,638,210 $ 186,222,489 $ 201,156,143 194 946 454 1 1'1 76,1 7R6 111 792 2R9 $ 33,691,756 $ 72,460,703 $ 62,363,854 85.26% 61.09% 69.00% The net pension liability is generally liquidated by the General Fund for the governmental activities and by net revenues of the applicable proprietary funds for the business -type activities. 100 Page 172 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Actuarial Assumptions The net pension liability of each pension plan was determined by an actuarial valuation as of October 1, 2021 and measurement date of September 30, 2022, using the following significant actuarial assumptions: Mortality rates - Mortality rates for the General Employees', Police Officers' and Firefighters' Pension Plans are based on the RP -2000 Combined Healthy Participant Mortality Table for males and females with mortality improvements projected to all future years after 2000 using Scale BB with a 50% blue collar adjustment and 50% white collar adjustment for males and a 100% white collar adjustment for females for General Employees and 90% blue collar adjustment and 10% white collar adjustment for males and a 100% white collar adjustment for females for Police Officers and Firefighters. 101 Page 173 of 1165 General Police Employees' Officers' Firefighters Actuarial cost method Entry age normal Entry age normal Entry age normal Amortization method Level dollar, closed Level percent of Level percent of payroll, closed payroll, closed Remaining amortization period 4 years 16 years 18 years Asset valuation method Five year smoothed Five year smoothed Five year smoothed market market market General Police Employees' Officers' Firefighters Actuarial assumptions: Investment rate of return* 6.8% 6.90% 7.15% Projected salary increases 3.30% - 8.10% 4.50% - 11.75% 3.25% - 15.0% Inflation rate 2.5% 2.25% 2.25% Cost of living adjustments None 1% annually 2% five years after retirement Includes inflation rate Mortality rates - Mortality rates for the General Employees', Police Officers' and Firefighters' Pension Plans are based on the RP -2000 Combined Healthy Participant Mortality Table for males and females with mortality improvements projected to all future years after 2000 using Scale BB with a 50% blue collar adjustment and 50% white collar adjustment for males and a 100% white collar adjustment for females for General Employees and 90% blue collar adjustment and 10% white collar adjustment for males and a 100% white collar adjustment for females for Police Officers and Firefighters. 101 Page 173 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Actuarial Assumptions (CONTINUED) Actuarial Changes: There were no changes in benefits for the General Employees', Firefighters or Police Pension Plans. The assumed investment return for the General Employees' Pension Plan was reduced from 6.9% to 6.80% for the year ended September 30, 2022. The assumed investment return for the Police Officers' Pension Plan was reduced from 7.00% to 6.90% for the year ended September 30, 2022. The assumed investment return for the Firefighters' Pension Plan was reduced from 7.35% to 7.15% for the year ended September 30, 2022. For the Police Officers and Firefighters Pension Plans, the mortality assumption was updated to the current mortality assumption being used by the Florida Retirement System (FRS), which was updated effective July 1, 2019 by FRS. Rate of Return on Investments: The long-term expected rate of return on investments of each pension plan was determined using a building block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce a long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the pension plans' target allocation as of September 30, 2022 are summarized in the following table: Long -Term Expected Real Rate of Return General Police Asset Class Employees' Officers' Firefighters' Domestic equity 8.7% 7.07% 6.0% International equity 4.6 5.02 8.5 Bonds and fixed income 1.0 2.00 6.0 Real estate 3.5 6.38 4.5 Master limited partnerships -- 8.14 -- Commodities -- 6.35 -- Cash -- (0.11) -- 102 Page 174 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Actuarial Assumptions (CONTINUED) Discount Rate: The discount rate was based on the expected rate of return on investments of each pension plan. The projection of cash flows used to determine the discount rate assumed that plan member contributions will be made at the current contribution rates and that City contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, each pension plan's fiduciary net position was projected to be available to make all projected future benefit payments for current plan members. Therefore, the long-term expected rate of return on investments of each pension plan was applied to all periods of projected benefit payments to determine the projected total pension liability. Changes in the Net Pension Liability The changes in the net pension liability of the General Employees', Police Officers' and Firefighters' Pension Plans were as follows for the year ended September 30, 2022: Increase (Decrease) Net Total Plan Pension Pension Fiduciary Liability General Employees' Pension Fund Liability Net Position (Asset) Balances at October 1, 2021 Changes for the Current Year Service cost Interest Differences between expected and actual experience Assumption changes Contributions - City Contributions - Employee Net investment income (loss) Benefit payments, including refunds of employee contributions Administration expenses Other (contributions toward elective benefits) Balances at September 30, 2022 $ 218,974,978 $ 229,173,283 $ (10,198,305) 3,826,048 -- 3,826,048 14,922,024 -- 14,922,024 1,624,038 -- 1,624,038 2,340,599 -- 2,340,599 -- 7,134,561 (7,134,561) -- 1,878,542 (1,878,542) -- (30,006,741) 30,006,741 (13,079,627) (13,079,627) -- -- (153,564) 153,564 30,150 -- 30,150 $ 228,638,210 S 194,946,454 S 33,691,756 103 Page 175 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (continued) Increase (Decrease) Total Plan Net Pension Fiduciary Pension Police Officers' Pension Fund Liability Net Position Liability Balances at October 1, 2021 $ 173,112,174 $ 132,894,569 $ 40,217,605 Changes for the Current Year Service cost 3,452,837 -- 3,452,837 Interest 12,089,377 -- 12,089,377 Differences between expected and actual experience 3,186,572 -- 3,186,572 Contributions - City -- 6,689,463 (6,689,463) Contributions - State 969,097 (969,097) Contributions - Employee -- 1,437,092 (1,437,092) Changes of Assumptions 21100,783 2,100,783 Net investment income (loss) -- (19,699,101) 19,699,101 Benefit payments, including refunds of employee contributions (8,539,936) (8,539,936) -- Administration expenses -- (194,461) 194,461 Other (adjustments to reserves) 820,682 205,063 615,619 Balances at September 30, 2022 $ 186,222,489 $ 113,761,786 $ 72,460,703 104 Page 176 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (continued) Increase (Decrease) Total Plan Net Pension Fiduciary Pension Firefighters' Pension Fund Liability Net Position Liability Balances at October 1, 2021 Changes for the Current Year Service cost Interest Differences between expected and actual experience Contributions - City Contributions - State Contributions - Employee Changes of Assumptions Net investment income (loss) Benefit payments, including refunds of employee contributions Administration expenses Other (rollovers into DROP) Balances at September 30, 2022 $ 186,003,933 $ 164,883,145 $ 21,120,788 3,942,576 -- 3,942,576 13,679,017 -- 13,679,017 1,322,203 -- 1,322,203 -- 5,545,366 (5,545,366) 1,056,527 (1,056,527) -- 1,553,175 (1,553,175) 3,883,283 3,883,283 -- (26,398,744) 26,398,744 (7,949,618) (7,949,618) -- -- (184,082) 184,082 274,749 286,520 (11,771) $ 201,156,143 $ 138,792,289 $ 62,363,854 Sensitivity of the Net Pension Liability to Changes in the Discount Rate: The following table presents the current discount rate used to measure the total pension liability for each pension plan and the net pension liability of each pension plan calculated using the current discount rate, as well as what the net pension liability would be if it were calculated using a discount rate that is one percentage point lower and one percentage point higher than the current discount rate: 105 Page 177 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Changes in the Net Pension Liability (continued) Current 1% Current 1% Discount Decrease in Discount Increase in Rate Current Rate Rate Current Rate General Employees' 6.80% $ 59,756,062 $ 33,691,756 $ 13,808,436 Police Officers' 7.00% $ 91,713,387 $ 72,460,703 $ 56,507,338 Firefighters' 7.15% $ 84,310,872 $ 62,363,854 $ 44,368,597 Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions For the year ended September 30, 2022, the City recognized pension expense of $28,540,118 and $3,719,447 for the governmental activities and business -type activities, respectively. At September 30, 2022, the City reported deferred inflows and deferred outflows of resources related to the General Employees', Police Officers' and Firefighters' Pension Plans from the following sources: General Emplovees' Pension Funds Difference between expected and actual experience Change of assumptions Net difference between projected and actual investment earnings on pension plan investments Total Deferred Inflows $ 147,093 231,082 Deferred Outflows $ 1,187,125 1,976,779 I)q qsa osQ $ 378,175 $26,523,863 106 Page 178 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 — OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions (continued) Police Officers' Pension Fund Difference between expected and actual experience $ Change of assumptions Net difference between projected and actual investment earnings on pension plan investments Total Deferred Deferred Inflows Outflows -- $ 3,993,247 -- 2,413,998 -- 17 17Q Rns $ -- $23,787,050 Deferred Deferred Firefighters' Pension Fund Inflows Outflows Difference between expected and actual experience $ 513,391 $ 1,907,697 Change of assumptions -- 3,213,296 Net difference between projected and actual investment earnings on pension plan investments -- 19,026,925 Total $ 513,391 $24,147,918 Amounts reported as deferred inflows and deferred outflows of resources related to pensions will be recognized in pension expense as follows: Fiscal Year Ending September 30 2023 2024 2025 2026 Total General Police Employees Officers Firefighters' $ 7,024,637 $ 7,821,711 $ 5,809,656 5,281,933 6,866,024 4,664,914 4,701,194 3,275,484 5,480,530 A 117 04 S R21 R11 7 67Q 427 $ 26,145,688 $23,787,050 $ 23,634,527 107 Page 179 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 4 - OTHER INFORMATION (CONTINUED) D. DEFINED BENEFIT PENSION PLANS (CONTINUED) Separately Issued Pension Plan Financial Statements The City's external auditors did not audit the financial statements of the General Employees', Police Officers' and Firefighters' Pension Funds which were audited by other auditors. Copies of the separate, audited financial statements of each pension plan can be obtained from the City's Pension Boards by calling (561) 742-6081 or by writing to: Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. E. CRA DEFINED CONTRIBUTION PLANS The CRA participates in a 401(a) defined contribution retirement plan and a 457(b) deferred compensation plan (the "Plans"). The Plans are qualified under Sections 401(a), 403(a) and 501(a) of the Internal Revenue Code and are administered by independent trustees. All employees who meet the Plans' eligibility requirements are qualified to participate. Employees make voluntary contributions to the 457(b) plan. The CRA contributes 28.5% of the total salaries of qualified participants to the 401(a) defined contribution retirement plan which totaled $222,501 for the year ended September 30, 2022. NOTE 5 - RELATED PARTY TRANSACTIONS The CRA is a blended component unit of the City. For the year ended September 30, 2022, the CRA's tax increment revenue includes $9,930,598 of taxes received from the City. The CRA received $500,000 in funding from the City to assist in the acquisition of certain lots located in the Cherry Hill neighborhood, and currently owned by the Palm Beach County Housing Authority. The funding was not used for its intended purpose, and is due back to the City. The City has $500,000 due from the CRA included in due from other funds as of September 30, 2022. In addition, the CRA reimbursed the City for services performed on behalf of the CRA, including information technology services, Clean & Safe program, landscape and maintenance services, festival expenses, human resources and payroll services, facility rental and permitting fees paid during the year. Payments by the CRA to the City for these services for the year ended September 30, 2022, totaled approximately $5,309,000. flo. Page 180 of 1165 REQUIRED SUPPLEMENTARY INFORMATION Page 181 of 1165 N x O\ N O D`. n � n M � � C G � o• � � M o, � � � x � �n a` O O a ca Vi N c n c D`.O`. x N x M •-. h l- V Cl � •-. Oi '�O �n -. W � Vi �� O � Vi -� r O x 7 c N c x 1 O xo o �... n L C� GI N O O J U R ao � 9 ` B a y o .t°. � a d � s R m d d❑ �— a N C U n�' LL o P9 •- o N •� •� - Or O d i V w a, LO O N 00 a) c7 m 0- O 'rl M o0 W n CC N h N � ti r N N a v V 00 EA A L7 � V h c0 O� M CO 1O CO C7 O1 V CO a � N N a �^. 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C ^^� U� � O G O CL T .� GC7 p � p Pw c�C� w w A v %� ,C A N z N %� O U U O b •y O •''' O �'" �J O b L O O V !n C7 U U W U U W U U CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULES OF CITY CONTRIBUTIONS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Actuarial valuation date Measurement date Actuarial methods and assumptions used to determine contribution rates: Actuarial cost method Amortization method Remaining amortization period Asset valuation method Investment rate of return (net of expenses, with inflation) Salary increases (with inflation) Inflation Cost of living adjustments Retirement age Mortality General Employees' Police Officers' Firefighters Pension Fund Pension Fund Pension Fund 10/1/2020 9/30/2022 Entry Age Normal Level Dollar, Closed 4 years 5 -Year Smoothed 6.80% / year 3.25% - 8.6% / year 2.5% / year None Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB 10/1/2020 9/30/2022 Entry Age Normal Level Percent of Payroll, Closed 16 years 5 -Year Smoothed 6.90% / year 5.0% - 6.5% / year 2.5% / year 1.0% annually Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB 10/1/2020 9/30/2022 Entry Age Normal Level Percent of Payroll, Closed 18 years 5 -Year Smoothed 7.15% / year 3.5% - 14.5% / year 2.5% / year 2.0% five years after retirement Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB Experienced -based table of rates RP -2000 Combined Healthy Participant Mortality Table using Scale BB 113 Page 186 of 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULES OF CITY CONTRIBUTIONS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Actuarially determined contribution rates are calculated at October 1, one year prior to the end of the fiscal year in which the contributions are reported. General Employees' Police Officers' Firefighters Pension Fund Pension Fund Pension Fund Actuarial Changes Revisions in benefits None None None Revisions in actuarial assumptions (1) (2) (3) (1) The investment return assumption was reduced from 6.90% in the October 1, 2020 actuarial valuation to 6.80% in the October 1, 2021 actuarial valuation. (2) The investment return assumption was reduced from 7.00% in the October 1, 2020 actuarial valuation to 6.90% in the October 1, 2021 actuarial valuation. 3) The investment return assumption was reduced from 7.35% in the October 1, 2020 actuarial valuation to 7.15% in the October 1, 2021 actuarial valuation. 114 Page 187 of 1165 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULES OF INVESTMENT RETURNS PENSION TRUST FUNDS LAST NINE FISCAL YEARS Fiscal Year Ended September 30, 2022 2021 Annual Money -Weighted Rate of Return, Net of Investment Expenses General Police Employees' Officers' Firefighters' Pension Pension Pension Plan Plan Plan -12.80% 19.90% -14.28% 18.10% -15.75% 19.36% 2020 7.30% 8.67% 6.44% 2019 3.80% 5.86% 5.36% 2018 9.70% 7.30% 8.78% 2017 12.50% 11.04% 12.86% 2016 12.60% 10.72% 11.07% 2015 0.80% 2.50% 0.78% 2014 10.20% 11.00% 9.54% Notes to Schedule: The money -weighted rate of return considers the changing amounts estimated as invested during a period and weights the amount of pension plan investments by the proportion of time they are available to earn a return during that period. Cash flows are estimated on a monthly basis and are assumed to occur at the beginning of each month. Cash inflows are netted with cash outflows, resulting in a net cash flow in each month. The money -weighted rate of return is calculated net of investment expenses. Information prior to fiscal year 2014 is not available. 115 Page 188 of 1165 CITY OF BOYNTON BEACH, FLORIDA REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE TOTAL OPEB LIABILITY AND RELATED RATIOS LAST FIVE FISCAL YEARS Measurement Date, September 30 Total OPEB Liability Service cost Interest Changes of benefit terms Differences between expected and actual experience Changes in assumptions Benefit payments Net Change in Total OPEB Liability Total OPEB Liability - Beginning of Fiscal Year Total OPEB Liability - End of Fiscal Year Covered Employee Payroll Net Pension Liability as a Percentage of Covered Employee Payroll 2022 2021 2020 2019 2018 $ 967,490 $ 847,477 $ 778,151 $ 616,806 $ 642,372 283,980 286,935 315,403 360,589 320,506 (47,800) 109,919 - (553,496) (452,773) - (2,804,740) 279,337 67,828 1,296,050 (341,125) (462,385) (482,949) (419,057) (341,856) (335,455) (2,616,951) 930,800 399,471 1,931,589 286,298 12.230,832 11,300,032 10,900,561 8.968,972 8,682,674 $ 9,613,881 $ 12,230,832 $ 11,300,032 $ 10,900,561 $ 8,968,972 $ 52,924,538 $ 46,446,673 $ 44,876,013 $ 55,814,027 $ 47,747,864 18.2% 26.3% 25.2% 19.5% 18.8% Notes to Schedule: Information prior to adoption of GASB Statement No. 75 in fiscal year 2018 is not available. The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of the date of the most recent valuation. Since there are currently no invested plan assets held intrust to finance the OPEB obligation, the discount rate is the long-term expected rate of return on tax-exempt, high quality municipal bonds based on theFidelity 20 -Year Municipal GO AA Index. Changes of Assumptions: Changes of assumptions and other inputs reflect the effects of changes in the discount rate each year. The following are the discount rates used for each fiscal year: 2022 4.40% 2021 2.19% 2020 2.41% 2019 2.75% 2018 3.83% 116 Page 189 of 1165 COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS Page 190 of 1165 Page 191 of 1165 MAJOR GOVERNMENTAL FUNDS General Fund — The General Fund serves as the primary operating fund of the City. It accounts for all financial resources except those required to be accounted for in another fund. Boynton Beach CRA Special Revenue Fund — The Boynton Beach CRA Special Revenue Fund accounts for revenues and expenditures relative to all the general operations of the City's Community Redevelopment Agency (CRA). It is a blended component unit that encourages development in the City's downtown area. American Rescue Fund - To account for revenues and expenditures associated with the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ARPA), which was signed into law on March 11, 2 02 1. Page 192 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCE SHEETS MAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2022 117 Page 193 of 1165 Boynton Beach CRA Special American General Revenue Rescue Plan Fund Fund Fund Assets Pooled cash and investments $ 17,020,903 $ 3,853,974 $ 11,031,292 Accounts receivable, net 4,025,725 6,147 -- Lease receivable 3,907,478 -- Due from other governments 746,859 -- -- Due from other funds 2,870,529 -- Prepaid items 25,730 51,332 -- Total Assets $ 28,597,224 $ 3,911,453 $ 11,031,292 Liabilities, Deferred Inflows of Resources and Fund Balances Liabilities: Accounts payable $ 1,075,596 $ 97,281 $ -- Accrued liabilities 1,960,470 -- Due to other funds -- -- 1,600,000 Refundable deposits 83,248 13,396 -- Unavailable revenues 1,227,091 -- 9,431,342 Total Liabilities 4,346,405 110,677 11,031,342 Deferred Inflows of Resources Deferred amount related to leases 3,715,658 -- -- Total Deferred Inflows of Resources 3,715,658 -- -- Fund Balances Nonspendable Prepaid items 25,730 51,332 -- Committed for: Emergency purposes 8,324,107 -- Economic development -- 827,605 -- Assigned to: Subsequent year's budget 118,100 -- Economic development -- 2,921,839 -- Unassigned 12,067,224 -- (50) Total Fund Balances 20,535,161 3,800,776 (50) Total Liabilities, Deferred Inflows of Resources and Fund Balances $ 28,597,224 $ 3,911,453 $ 11,031,292 117 Page 193 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES MAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 118 Page 194 of 1165 Boynton Beach CRA Special American General Revenue Rescue Plan Fund Fund Fund Revenues Taxes $ 54,290,900 $ 15,918,708 $ -- Less: tax increment revenue (9,911,897) -- Licenses and permits 5,705,014 -- -- Intergovernmental 14,720,528 -- 4,069,999 Charges for services 11,299,436 2,094,230 -- Special assessments 6,955,523 -- Fines and forfeitures 450,281 -- -- Rents and royalties 710,642 -- Investment earnings 145,195 177,668 -- Miscellaneous 4,635,731 -- -- Total Revenues 89,001,353 18,190,606 4,069,999 Expenditures Current: General government 14,538,168 4,010,305 571,170 Public safety 70,127,040 -- 1,883,489 Physical environment 1,739,285 -- -- Economic environment 1,030,363 -- 15,390 Culture and recreation 10,277,040 -- -- Capital outlay 809,331 -- -- Debt service: Principal retirement 1,648,700 -- -- Interest charges 2,785,390 -- -- Total Expenditures 102,955,317 4,010,305 2,470,049 Excess (Deficiency) of Revenues Over Expenditures (13,953,964) 14,180,301 1,599,950 Other Financing Sources (Uses) Transfers in 21,649,500 -- -- Transfers out (3,462,200) (14,239,631) (1,600,000) Proceeds from capital leases 427,793 -- -- Total Other Financing Sources and Uses 18,615,093 (14,239,631) (1,600,000) Net Change in Fund Balances 4,661,129 (59,330) (50) Fund Balances - Beginning of Year 15,874,032 3,860,106 -- Fund Balances - End of Year $ 20,535,161 $ 3,800,776 $ (50) 118 Page 194 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GENERAL FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities: Accounts payable $ 1,075,596 $ 1,212,528 Accrued liabilities 1,960,470 2,653,740 Refundable deposits 83,248 83,998 Total Liabilities 3,119,314 3,950,266 Deferred Inflows of Resources Unavailable revenue 1,227,091 1,174,701 Deferred amount related to leases 3,715,658 -- Total Deferred Inflows of Resources 2022 2021 Assets Fund Balance Pooled cash and investments $ 17,020,903 $ 16,347,304 Accounts receivable, net 4,025,725 2,421,851 Lease receivable 3,907,478 -- Due from other governments 746,859 716,513 Due from other funds 2,870,529 1,477,443 Prepaid items 25,730 35,888 Total Assets $ 28,597,224 $ 20,998,999 Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities: Accounts payable $ 1,075,596 $ 1,212,528 Accrued liabilities 1,960,470 2,653,740 Refundable deposits 83,248 83,998 Total Liabilities 3,119,314 3,950,266 Deferred Inflows of Resources Unavailable revenue 1,227,091 1,174,701 Deferred amount related to leases 3,715,658 -- Total Deferred Inflows of Resources 4,942,749 1,174,701 Fund Balance Nonspendable: Prepaid items 25,730 35,888 Committed for: Emergency purposes 8,324,107 10,239,669 Assigned to: Subsequent year's budget 118,100 8,750 Unassigned 12,067,224 5,589,725 Total Fund Balance 20,535,161 15,874,032 Total Liabilities, Deferred Inflows of Resources and Fund Balance $ 28,597,224 $ 20,998,999 119 Page 195 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Taxes Less: tax increment revenue Licenses and permits Intergovernmental Charges for services Special assessments Fines and forfeitures Rents and royalties Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay Debt service Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfer out Proceeds from capital leases Total Other Financing Sources and Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 54,290,900 $ 51,806,173 (9,911,897) (9,377,669) 5,705,014 5,250,710 14,720,528 12,657,739 11,299,436 7,690,810 6,955,523 7,033,880 450,281 612,001 710,642 550,081 145,195 114,058 4,635,731 4,370,736 89,001,353 80,708,519 14,538,168 14,620,173 70,127,040 65,495,110 1,739,285 1,392,715 1,030,363 757,102 10,277,040 9,885,214 809,331 518,308 1,648,700 1,798,318 2,785,390 2,503,716 102,955,317 96,970,656 13,953,964) (16,262,137) 21,649,500 18,473,000 (3,462,200) (3,782,370) 427,793 -- 18,615,093 14,690,630 4,661,129 (1,571,507) 15,874,032 17,445,539 $ 20,535,161 $ 15,874,032 120 Page 196 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA SPECIAL REVENUE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Accounts receivable, net Prepaid items Total Assets Liabilities and Fund Balance Liabilities: Accounts payable Due to primary government Refundable deposits Total Liabilities Fund Balance Nonspendable: Prepaid items Committed for economic development Assigned to economic development Total Fund Balance Total Liabilities and Fund Balance 2022 $ 3,853,974 6,147 51,332 2021 $ 4,280,408 15,708 132,758 $ 3,911,453 $ 4,428,874 $ 97,281 $ 109,530 -- 445,561 13,396 13,677 110,677 568,768 51,332 132,758 827,605 874,999 2,921,839 2,852,349 3,800,776 3,860,106 $ 3,911,453 $ 4,428,874 121 Page 197 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA SPECIAL REVENUE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Taxes Charges for services Investment earnings Total Revenues Expenditures Current: General government Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 15,918,708 $ 14,928,164 2,094,230 1,575,454 177,668 164,689 18,190,606 16,668,307 4,010,305 3,476,446 4,010,305 3,476,446 14,180,301 13,191,861 (14,239,631) (12,514,683) (14,239,631) (12,514,683) (59,330) 677,178 3,860,106 3,182,928 $ 3,800,776 $ 3,860,106 122 Page 198 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET AMERICAN RESCUE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Due from other funds Due from other funds Total Assets Liabilities and Fund Balance Liabilities Due to other funds Deferred revenue Total Liabilities Fund Balance Unassigned: Capital Projects Funds Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 11,031,292 $ 6,208,481 -- 500,000 $ 11,031,292 $ 6,708,481 $ 1,600,000 $ 31,142 9,431,342 6,677,339 11,031,342 6,708,481 (50) -- (50) -- $ 11,031,292 $ 6,708,481 123 Page 199 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE AMERICAN RESCUE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) 2022 2021 Revenues Intergovernmental Total Revenues Expenditures Current: General government Public safety Economic environment Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total other financing uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year $ 4,069,999 $ 146,563 4,069,999 146,563 571,170 28,574 1,883,489 103,739 15,390 14,250 2.470.049 146.563 1,599,950 (1,600,000) (1,600,000) (50) $ (50) $ 124 Page 200 of 1165 MAJOR ENTERPRISE FUNDS Water & Sewer Fund — Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity. Sanitation Fund — To account for the operations of refuse and recycling pickup for all residences and commercial establishments located within the city limits of Boynton Beach. Page 201 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF NET POSITION MAJOR ENTERPRISE FUNDS SEPTEMBER 30, 2022 125 Page 202 of 1165 Water & Sewer Sanitation Assets Current assets: Pooled cash and investments $ 25,084,643 $ 1,848,532 Accounts receivable, net 5,287,771 1,290,663 Prepaid expenses 12,075 -- 30,384,489 3,139,195 Restricted assets: Restricted pooled cash and investments: Customer deposits 1,576,090 -- Revenue bond covenants 6,767,719 Capital improvements 43,098,610 51,442,419 Restricted accounts receivable - customer deposits 39,717 Total restricted assets 51,482,136 -- Total Current Assets 81,866,625 3,139,195 Noncurrent Assets Investment in Regional Wastewater Joint Venture 16,203,740 -- Intangible assets 2,910,000 Capital assets not being depreciated 10,487,418 -- Capital assets, net of accumulated depreciation/amortization 162,671,277 2,435 Total Noncurrent Assets 192,272.435 2,435 Total Assets 274,139,060 3,141,630 Deferred Outflows of Resources Deferred charges on debt refundings 997,328 -- Deferred amounts related to OPEB 213,516 71,480 Deferred amounts related to pensions 7,153,486 2,395,105 Total Deferred Outflows of Resources 8,364,330 2,466,585 Liabilities Current liabilities: Accounts payable 801,047 204,086 Accrued expenses 143,623 44,433 Refundable deposits 163,749 -- Compensated absences payable 124,941 44,059 Due to other governments 98,482 -- 1,331,842 292,578 Current liabilities payable from restricted assets: Customer deposits 1,615,807 -- Revenue bonds, current maturities 6,105,000 Accrued revenue bond interest 662,719 Contracts payable 17,595 8,401,121 -- Total Current Liabilities 9,732,963 292,578 Noncurrent Liabilities Revenue bonds payable, less current maturities, plus unamortized premium 66,030,000 -- Compensated absences payable, less current portion 836,141 294,856 Other postemployment benefits 3,334,093 1,116,172 Net pension liability 9,086,666 3,042,366 Total Noncurrent Liabilities 79,286,900 4,453,394 Total Liabilities 89,019,863 4,745,972 Deferred inflows of Resources Deferred amounts related to OPEB 1,100,047 368,268 Deferred amounts related to pensions 101,994 34,149 Total Deferred Inflows of Resources 1,202,041 402,417 Net Position Net investment in capital assets 148,012,038 2,435 Unrestricted 44,269,448 457,391 Total Net Position $ 192,281,486 $ 459,826 125 Page 202 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION MAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Operating Revenues Charges for services: Water sales Sewer service Stormwater utility fees Garbage fees Recycling fees Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Investment earnings Interest expense Equity in loss of Regional Wastewater Joint Venture Miscellaneous income Total Operating Revenues (Expenses) Income Before Contributions and Transfers Capital Contributions Transfers Transfers in Transfers out Total Transfers Change in Net Position Net Position - Beginning of Year Net Position - End of Year Water & Sewer Sanitation $ 25,146,423 $ -- 19,802,396 -- 5,853,160 -- -- 13,359,166 -- 55,320 50,801,979 13,414,486 11,726,516 3,996,328 17,731,151 6,619,599 13,060,131 2,349 42,517,798 10,618,276 8,284,181 2,796,210 42,628 2,265 (1,606,287) -- (446,769) -- 78,249 -- (1,948,445) 2,265 6,335,736 2,798,475 427,031 -- 126 Page 203 of 1165 10,000 (9,331,192) (2,715,618) (9,331,192) (2,705,618) (2,568,425) 92,857 194,849,911 366,969 $ 192,281,486 $ 459,826 126 Page 203 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENTS OF CASH FLOWS MAJOR ENTERPRISE CASH FLOWS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Cash Flows From Operating Activities Receipts from customers and users Receipts from others Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by Operating Activities Cash Flows From Non -Capital Financing Activities Transfers in Transfers out Net Cash Used in Non -capital Financing Activities Cash Flows From Capital and Related Financing Activities Acquisition of capital assets Capital contributions Principal payments on revenue bonds Interest payments on revenue bonds Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activity Interest on pooled cash and investments Net Cash Provided by Investing Activity Increase in pooled cash and investments Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization Provision for doubtful accounts Miscellaneous income Changes in operating assets, liabilities, deferred inflows/outflows: Accounts receivable Prepaid expenses Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Refundable deposits Due to other governments Customer deposits Compensated absences payable Total OPEB liability Net pension liability Total Adjustments Net Cash Provided by Operating Activities Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture Amortization of bond premiums Amortization of charges on refundings Water & Sewer Sanitation $ 52,015,199 81,083 (16,942,040) (10,630,145) (862,592) 23,661,505 (9,331,192) (9,331,192) (5,804,383) 427,031 (5,844,712) (1,457,618) (12,679,682-) $ 13,437,353 (3,976,408) (3,794,439) (2,836,901) 2,829,605 10,000 (2,715,618) (2,705,618) (3,338) (3,338) 41628 2,265 42,628 2,265 1,693,259 74,833,803 $ 76,527,062 122,914 1,725,618 $ 1,848,532 $ 8,284,181 $ 2,796,210 13,060,131 (52,448) 81,083 1,245,670 65,335 1,021,103 (11,436,825) (157,298) (282,293) 5,272 18,482 14,726 (61,267) 43,999 11,811,654 15,377,324 $ 23,661,505 $ (446,769) $ 84,712 $ (87,153) 2,349 22,867 347,065 (4,013,662) (193,710) (97,426) 9,604 (113,027) 4,069,335 33,395 $ 2,829,605 127 Page 204 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION WATER & SEWER SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 128 Page 205 of 1165 2022 2021 Assets Current Assets Pooled cash and investments $ 25,084,643 $ 21,977,966 Accounts receivable, net 5,287,771 6,482,157 Prepaid expenses 12,075 77,410 30,384,489 28,537,533 Restricted assets: Restricted pooled cash and investments: Customer deposits 1,576,090 1,562,528 Revenue bond covenants 6,767,719 9,788,320 Capital improvements 43,098,610 41,504,989 51,442,419 52,855,837 Restricted accounts receivable - customer deposits 39,717 38,553 Total restricted assets 51,482,136 52,894,390 Total Current Assets 81,866,625 81,431,923 Noncurrent Assets Investment in Regional Wastewater Joint Venture 16,203,740 16,650,509 Intangible assets 2,910,000 2,910,000 Capital assets not being depreciated 10,487,418 9,109,118 Capital assets, net of accumulated depreciation/amortization 162,671,277 171,237,474 Net pension asset -- 2,724,988 Total Noncurrent Assets 192,272,435 202,632,089 Total Assets 274,139,060 284,064,012 Deferred Outflows of Resources Deferred charges on debt refundings 997,328 1,070,725 Deferred amounts related to OPEB 213,516 242,110 Deferred amounts related to pensions 7153486 386,623 Total Deferred Outflows of Resources 8,364,330 1,699,458 Liabilities Current Liabilities Accounts payable 801,047 958,345 Accrued expenses 143,623 425,916 Refundable deposits 163,749 158,477 Compensated absences payable 124,941 132,905 Due to other governments 98,482 80,000 1,331,842 1,755,643 Current liabilities payable from restricted assets: Customer deposits 1,615,807 1,601,081 Revenue bonds, current maturities 6,105,000 5,760,000 Accrued revenue bond interest 662,719 516,491 Contracts payable 17,595 1,600 8,401,121 7,879,172 Total Current Liabilities 9,732,963 9,634,815 Noncurrent Liabilities Revenue bonds payable, less current maturities, plus unamortized premium 66,030,000 72,219,712 Compensated absences payable, less current portion 836,141 889,444 Total OPEB liability 3,334,093 3,290,094 Net pension liability 9,086,666 Total Noncurrent Liabilities 79,286,900 76,399,250 Total Liabilities 89,019,863 86,034,065 Deferred Inflows of Resources Deferred amounts related to OPEB 1,100,047 107,538 Deferred amounts related to pensions 101,994 4,771,956 Total Deferred Inflows of Resources 1,202,041 4,879,494 Net Position Net investment in capital assets 148,012,038 147,850,994 Restricted for: Revenue bond covenants -- 3,511,829 Net pension asset -- 2,724,988 Unrestricted 44,269,448 40,762,100 Total Net Position $ 192,281,486 $ 194,849,911 128 Page 205 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION WATER & SEWER FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services: Water sales Sewer service Stormwater utility fees Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Investment earnings Interest expense Equity in loss of Regional Wastewater Joint Venture Intergovernmental Loss on disposal of capital assets Miscellaneous income Income Before Contributions and Transfers Capital Contributions Transfers Transfers out Total Transfers Change in net position Net Position - Beginning of Year 2022 2021 $ 25,146,423 19,802,396 5,853,160 50,801.979 11,726,516 17,731,151 13,060,131 42,517,798 $ 24,976,528 19,736,462 5,483,297 50,196,287 9,126,053 14,686,266 12,242,767 36,055,086 8,284,181 14,141,201 42,628 (1,606,287) (446,769) 2,834 (19,100) 78,249 (1,948,445) 6,335,736 427,031 124,851 (1,596,054) (650,572) 108,557 (119,756) 145.232 (1,987,742) 12,153,459 367,348 (9,331,192) (8,716,479) (9,331,192) (2,568,425) 194,849,911 (8,716,479) 3,804,328 191,045,583 Net Position - End of Year $ 192,281,486 $ 194,849,911 129 Page 206 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS WATER & SEWER FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) 130 Page 207 of 1165 2022 2021 Cash Flows From Operating Activities Receipts from customers and users $ 52,015,199 $ 48,802,170 Receipts from others 81,083 253,789 Payments to suppliers (16,942,040) (15,128,324) Payments to employees (10,630,145) (11,275,720) Payments for interfund services used (862,592) (1,026,687) Net Cash Provided by Operating Activities 23,661,505 21,625,228 Cash Flows From Non -Capital Financing Activity Transfers out (9,331,192) (8,716,479) Net Cash Used in Non -capital Financing Activity (9,331.192) (8,716,479) Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (57804,383) (7,618,492) Capital contributions 427,031 367,348 Proceeds from issuance of refunding revenue bonds 41,140,000 Bond issuance costs paid 764,150 Payment to escrow agent for advance refunding ofrevenue bonds (42,470,000) Principal payments on revenue bonds (5,844,712) (4,507,679) Interest payments on revenue bonds (1,457,618) (1,955,293) Net Cash Used in Capital and Related Financing Activities (12,679,682) (14,279,966) Cash Flows From Investing Activity Interest on pooled cash and investments 42,628 124,851 Net Cash Provided by Investing Activity 42,628 124,851 Increase (decrease) in pooled cash and investments 1,693,259 (1,246,366) Pooled Cash and Investments - Beginning of Year 74,833,803 76,080,169 Pooled Cash and Investments -End of Year $ 76,527,062 $ 74,833,803 Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income $ 8,284,181 $ 14,141,201 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 13,060,131 12,242,767 Provision for doubtful accounts (52,448) (81,556) Miscellaneous income 81,083 253,789 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable 1,245,670 (1,302,733) Prepaid expenses 65,335 (26,542) Deferred amounts related to OPEB 1,021,103 (31,506) Deferred amounts related to pensions (11,436,825) 5,792,852 Accounts payable (157,298) (1,449,836) Accrued expenses (282,293) 14,357 Refundable deposits 5,272 (3,943) Due to other governments 18,482 7,633 Customer deposits 14,726 (5,885) Compensated absences payable (61,267) (69,078) Total OPEB liability 43,999 117,045 Net pension liability 11,811,654 (7,973,337) Total Adjustments 15,377,324 7,484,027 Net Cash Provided by Operating Activities $ 23,661,505 $ 21,625,228 Noncash Investing, Capital and Related Financing Activities Equity in loss of Regional Wastewater Joint Venture $ (446,769) $ (650,571) Loss on disposal of capital assets $ (19,100) $ (119,756) Amortization of bond premiums $ 84,712 $ 62,746 Amortization of charges on retandings $ (87,153) $ (108,873) 130 Page 207 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SANITATION FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Net Position Net investment in capital assets 2,435 1,446 Restricted for: Net pension asset -- 1,026,969 Unrestricted (deficit) 457,391 (661,446) Total Net Position $ 459,826 $ 366,969 131 Page 208 of 1165 2022 2021 Assets Current Assets Pooled cash and investments $ 1,848,532 $ 1,725,618 Accounts receivable, net 1,290,663 1,313,530 Total Current Assets 3,139,195 3,039,148 Noncurrent Assets Capital assets, net of accumulated depreciation 2,435 1,446 Net pension asset -- 1,026,969 Total Noncurrent Assets 2,435 1,028,415 Total Assets 3,141,630 4,067,563 Deferred Outflows of Resources Deferred amounts related to OPEB 71,480 90,454 Deferred amounts related to pensions 2,395,105 145,707 Total Deferred Outflows of Resources 2,466,585 236,161 Liabilities Current Liabilities Accounts payable 204,086 397,796 Accrued expenses 44,433 141,859 Compensated absences payable 44,059 42,810 Total Current Liabilities 292,578 582,465 Noncurrent Liabilities Compensated absences payable, less current portion 294,856 286,501 Total OPEB liability 1,116,172 1,229,199 Net pension liability 3,042,366 -- Total Noncurrent Liabilities 4,453,394 1,515,700 Total Liabilities 4,745,972 2,098,165 Deferred Inflows of Resources Deferred amounts related to OPEB 368,268 40,177 Deferred amounts related to pensions 34,149 1,798,413 Total Deferred Inflows of Resources 402,417 1,838,590 Net Position Net investment in capital assets 2,435 1,446 Restricted for: Net pension asset -- 1,026,969 Unrestricted (deficit) 457,391 (661,446) Total Net Position $ 459,826 $ 366,969 131 Page 208 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION SANITATION FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services: Garbage fees Recycling fees Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Investment earnings Loss on disposal of capital assets Total Nonoperating Revenues (Expenses) Income Before Transfers Transfers: Transfers in Transfers out Total Transfers Change in Net Position Net Position (Deficit) - Beginning of Year Net Position - End of Year 2022 2021 $ 13,359,166 $ 13,257,797 55,320 10,441 13,414,486 13,268,238 3,996,328 3,422,589 6,619,599 5,750,184 2,349 2,475 10,618,276 9,175,248 2,796,210 4,092,990 2,265 1,991 -- (40,175) 2,265 (38,184) 2,798,475 4,054,806 10,000 10,000 (2,715,618) (2,568,610) (2,705,618) (2,558,610) 92,857 1,496,196 366,969 (1,129,227) $ 459,826 $ 366,969 132 Page 209 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS SANITATION FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Capital and Related Financing Activity Acquisition of capital assets 2022 2021 Cash Flows From Operating Activities (3,338) (42,085) Receipts from customers and users $ 13,437,353 $ 13,345,676 Payments to suppliers (3,976,408) (3,140,802) Payments to employees (3,794,439) (4,164,921) Payments for interfund services used (2,836,901) (2,525,008) Net Cash Provided by Operating Activities 2,829,605 3,514,945 Cash Flows From Non -Capital Financing Activities $ 1,848,532 $ 1,725,618 Transfers in 10,000 10,000 Transfers out (2,715,618) (2,568,610) Net Cash Used in Non -capital Financing Activities (2,705,618) (2,558,610) Cash Flows From Capital and Related Financing Activity Acquisition of capital assets (3,338) (42,085) Net Cash Used in Capital and Related Financing Activity (3,338) (42,085) Cash Flows From Investing Activity Interest on pooled cash and investments 2,265 1,991 Net Cash Provided by Investing Activity 2,265 1,991 Increase in Pooled Cash and Investments 122,914 916,241 Pooled Cash and Investments - Beginning of Year 1,725,618 809,377 Pooled Cash and Investments - End of Year $ 1,848,532 $ 1,725,618 Reconciliation of Operating Income to Net Cash Provided By Operating Activities Operating income $ 2,796,210 $ 4,092,990 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 2,349 2,475 Changes in operating assets, liabilities and deferred outflows/inflows Accounts receivable 22,867 77,438 Deferred amounts related to OPEB 347,065 (14,563) Deferred amounts related to pensions (4,013,662) 2,140,426 Accounts payable (193,710) 84,374 Accrued expenses (97,426) (13,373) Compensated absences payable 9,604 (138,954) Total OPEB liability (113,027) 129,706 Net pension liability 4,069,335 (2,845,574) Total Adjustments 33,395 (578,045) Net Cash Provided by Operating Activities $ 2,829,605 $ 3,514,945 133 Page 210 of 1165 Page 211 of 1165 NONMAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special Revenue Funds are funds containing certain revenue sources set aside for a specific purpose. Some funds contain legal restrictions requiring that they may only be spent for a specific purpose. Grants Fund - To account for Parks Development Grants and Law Enforcement Grants received by the City. FEMA Hurricane Fund - To account for hurricane related grants and expenditures. SHIP Grant Fund - To account for revenues and expenditures related to the State's affordable housing initiative program. CDBG Grant Fund - To account for revenues and expenditures related to the Community Development Block Grant. Traffic Safety Fund - To account for revenues and expenditures related to red light traffic cameras. Local Option Gas Tax Fund - To account for gas tax revenues restricted for roadway program expenditures. Community Improvements Fund - To account for revenues and expenditures relative to the City's low- income home improvements program. Green Building Fund - To account for revenues and expenditures related to the City's energy improvements to public buildings. Public Art Fund - To account for fees collected from developers to be used by the City for establishing and enhancing public art throughout the City. Recreation Program Fund - To account for revenues and expenditures relative to recreation programs in the City. Boynton Beach Memorial Park Fund - To account for revenues and expenditures relative to the City's two cemeteries. Community Services Fund - To account for assets that are restricted for designated purposes. Building Fund - To account for revenues and expenditures associated with the services provided by the building department. DEBT SERVICE FUNDS Debt Service Funds are used to account for resources accumulated and payments made for principal and interest on long-term debt of governmental funds. Public Service Tax Debt Service Fund - The Public Service Tax Debt Service Fund accounts for the payment of principal and interest and fiscal charges on the City's revenue bonds which are payable from non -ad valorem revenues. Boynton Beach CRA Debt Service Fund - To account for the accumulation of resources for the annual payment of principal and interest on long-term obligation debt of the Boynton Beach Community Redevelopment Agency. Page 212 of 1165 CAPITAL PROJECTS FUNDS Capital projects funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary and trust funds. General Capital Improvements Fund: To account for City construction projects, such as major improvements to general City buildings and improvements to streets and sidewalks. Parks & Recreational Facilities Fund: To account for the acquisition or development of City parks and recreational lands funded by fees collected from developers. Boynton Beach CRA Bond Projects Fund: To account for capital projects funded through bonds issued by the Boynton Beach Community Redevelopment Agency. Local Government Surtax Improvement Fund: To account for infrastructure projects that will be funded by the one -cent sales surtax. Page 213 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS SEPTEMBER 30, 2022 Special Revenue Funds Assets Pooled cash and investments Receivables, net Due from other governments Prepaid items Total Assets Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable Accrued liabilities Due to other funds Due to other governments Refundable deposits Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety Grant programs Debt service Capital projects Other purposes Committed for: Capital projects Assigned to: Debt service Public safety Culture and recreation Public art Cemetery maintenance Capital projects Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) $ 24,007 $ $ $ 125,923 $ 74,074 $ 385 249,236 35,607 273,243 125,923 109,681 385 38,718 -- 1,106,497 995,018 391,658 125,096 474,558 2,857,821 (146,222) -- -- (146,222) 995,018 391,658 125,096 2,857,821 474,558 $ 165,739 $ 995,018 $ 1,498,155 $ 251,019 $ 2,967,502 $ 474,943 (Continued) 134 Page 214 of 1165 Local FEMA SHIP CDBG Traffic Option Grants Hurricane Grant Grant Safety Gas Tax $ $ 995,018 $ 1,498,155 $ 112,470 $ 2,904,561 $ 363,672 165,739 138,549 62,941 111,271 $ 165,739 $ 995,018 $ 1,498,155 $ 251,019 $ 2,967,502 $ 474,943 $ 24,007 $ $ $ 125,923 $ 74,074 $ 385 249,236 35,607 273,243 125,923 109,681 385 38,718 -- 1,106,497 995,018 391,658 125,096 474,558 2,857,821 (146,222) -- -- (146,222) 995,018 391,658 125,096 2,857,821 474,558 $ 165,739 $ 995,018 $ 1,498,155 $ 251,019 $ 2,967,502 $ 474,943 (Continued) 134 Page 214 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS (CONTINUED) SEPTEMBER 30, 2022 Page 215 ot3f 165 Special Revenue Funds Boynton Beach Community Green Public Recreation Memorial Community Improvements Building Art Program Park Services Assets Pooled cash and investments $ $ 334,991 $ 227,758 $ 603,980 $ 2,554,285 $ 1,323,650 Receivables, net 6,400 Due from other governments Prepaid items -- 10,159 Total Assets $ $ 334,991 $ 227,758 $ 614,139 $ 2,560,685 $ 1,323,650 Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable $ 1,365 $ $ 544 $ 25,315 $ 5,784 $ 5,165 Accrued liabilities 3,944 1,495 935 1,457 Due to other funds 556,505 Due to other governments Refundable deposits -- -- Total Liabilities 561,814 2,039 26,250 7,241 5,165 Deferred Inflows of Resources Unavailable revenue 60,615 -- -- -- Fund Balances (Deficit) Nonspendable: Prepaid items 10,159 Restricted for: Public safety 864,281 Grant programs Debt service Capital projects Other purposes 454,204 Committed for: Capital projects Assigned to: Debt service Public safety Culture and recreation 577,730 Public art 225,719 Cemetery maintenance 2,553,444 Capital projects 334,991 Unassigned (deficit) (622,429) -- -- -- -- Total Fund Balances (Deficit) (622,429) 334,991 225,719 587,889 2,553,444 1,318,485 Total Liabilities, Deferred inflows of Resources and Fund Balances (Deficit) $ $ 334,991 $ 227,758 $ 614,139 $ 2,560,685 $ 1,323,650 (Continued) Page 215 ot3f 165 CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS (CONTINUED) Assets Pooled cash and investments Receivables, net Due from other governments Prepaid items Total Assets Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable Accrued liabilities Due to other frmds Due to other governments Refundable deposits Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety Grant programs Debt service Capital projects Other purposes Committed for: Capital projects Assigned to: Debt service Public safety Culture and recreation Public art Cemetery maintenance Capital projects Unassigned (deficit) Total Fund Balances Total Liabilities, Deferred Inflows of Resources and Fund Balances SEPTEMBER 30, 2022 Special Revenue Funds $ Debt Service Funds 700 Sub Total Public Boynton Sub Total 700 Special Service Beach Debt Building Revenue Tax Debt CRA Debt Service Fund Funds Service Service Funds $ 2,889,322 $ 13,807,862 $ 4,458,858 $ 128,392 $ 4,587,250 653 7,053 847,837 847,837 478,500 238,720 238,720 10,159 $ 2,889,975 $ 14,303,574 $ 5,545,415 $ 128,392 $ 5,673,807 $ 58,855 $ 321,417 7,831 805,741 35,607 60,660 1,172,401 1,205,830 $ 700 $ $ 700 700 700 10,159 864,281 1,511,772 128,392 128,392 474,558 2,829,315 3,283,519 5,544,715 5,544,715 2,857,821 577,730 225,719 2,553,444 334,991 (768,651) -- -- 2,829,315 11,925,343 5,544,715 128,392 5,673,107 $ 2,889,975 $ 14,303,574 $ 5,545,415 $ 128,392 $ 5,673,807 (Continued) Page 216 oP'T165 Assets Pooled cash and investments Receivables, net Due from other governments Prepaid items Total Assets Liabilities, Deferred Inflows of Resources and Fund Balances (Deficit) Liabilities Accounts payable Accrued liabilities Due to other funds Due to other governments Refundable deposits Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balances (Deficit) Nonspendable: Prepaid items Restricted for: Public safety Grant programs Debt service Capital projects Other purposes Committed for: Capital projects Assigned to: Debt service Public safety Culture and recreation Public art Cemetery maintenance Capital projects Unassigned (deficit) Total Fund Balances Total Liabilities, Deferred Inflows of Resources and Fund Balances CITY OF BOYNTON BEACH, FLORIDA COMBINING BALANCE SHEET NON -MAJOR GOVERNMENT FUNDS SEPTEMBER 30, 2022 $ 267,397 $ 350 $ 275,772 $ 229,407 $ 772,926 $ 1,095,043 7,831 805,741 35,607 267,397 350 276,897 229,407 774,051 1,947,152 1,205,830 29,532 29,532 39,691 864,281 1,511,772 128,392 6,286,550 6,286,550 6,761,108 3,283,519 4,767,379 4,767,379 4,767,379 5,544,715 2,857,821 577,730 225,719 2,553,444 1,281,602 506,003 10,077,664 11,865,269 12,200,260 (768,651) 1,281,602 506,003 14,874,575 6,286,550 22,948,730 40,547,180 $ 1,548,999 $ 506,353 $ 15,151,472 $ 6,515,957 $ 23,722,781 $ 43,700,162 Page 217 ot3f165 Capital Projects Funds Boynton Beach Local Sub Total Non -Major General Parks & CRA Government Capital Governmental Capital Recreational Bond Surtax Projects Funds Improvements Facilities Projects Improvement Funds Total $ 1,548,999 $ 506,353 $ 15,099,611 $ 6,022,759 $ 23,177,722 $ 41,572,834 22,329 22,329 877,219 493,198 493,198 1,210,418 29,532 -- 29,532 39,691 $ 1,548,999 $ 506,353 $ 15,151,472 $ 6,515,957 $ 23,722,781 $ 43,700,162 $ 267,397 $ 350 $ 275,772 $ 229,407 $ 772,926 $ 1,095,043 7,831 805,741 35,607 267,397 350 276,897 229,407 774,051 1,947,152 1,205,830 29,532 29,532 39,691 864,281 1,511,772 128,392 6,286,550 6,286,550 6,761,108 3,283,519 4,767,379 4,767,379 4,767,379 5,544,715 2,857,821 577,730 225,719 2,553,444 1,281,602 506,003 10,077,664 11,865,269 12,200,260 (768,651) 1,281,602 506,003 14,874,575 6,286,550 22,948,730 40,547,180 $ 1,548,999 $ 506,353 $ 15,151,472 $ 6,515,957 $ 23,722,781 $ 43,700,162 Page 217 ot3f165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Total Revenues Special Revenue Funds 59,292 74,591 640,825 2,486,286 1,342,286 Local FEMA SHIP CDBG Traffic Option Grants Hurricane Grant Grant Safety Gas Tax Revenues Taxes, net of tax increment revenue $ $ $ $ $ $ 1,342,079 Licenses and permits 714,151 Intergovernmental 535,599 59,292 72,214 640,825 Charges for services 42,527 Physical environment Fines and forfeitures 2,484,959 Investment earnings 2,377 1,327 207 Donations 48,502 507,617 Miscellaneous Culture and recreation 147,877 Total Revenues 535,599 59,292 74,591 640,825 2,486,286 1,342,286 Expenditures Current: General government 84,962 714,151 Public safety 287,583 42,527 Physical environment 1,527 Economic environment 48,502 507,617 Culture and recreation 147,877 Capital outlay: General government 8,126 Public safety 19,399 6,303,514 Physical environment Economic environment Culture and recreation 6,750 Debt service: Principal retirement 622,502 Interest charges 70,498 -- Total Expenditures 554,697 -- 48,502 507,617 7,753,192 1,527 Excess (Deficiency) of Revenues Over Expenditures (19,098) 59,292 26,089 133,208 (5,266,906) 1,340,759 Other Financing Sources (Uses) Transfers in 33,037 Transfers out (400,000) (26,112) (130,929) (1,000,000) (1,300,000) Proceeds from capital leases 6,303,514 Proceeds from issuance of loan -- -- -- -- -- Total Other Financing Sources (Uses) 33,037 (400,000) (26,112) (130,929) 5,303,514 (1,300,000) Net Change in Fund Balances 13,939 (340,708) (23) 2,279 36,608 40,759 Fund Balances (Deficit) - Beginning of Year (160,161) 1,335,726 391,681 122,817 2,821,213 433,799 Fund Balances (Deficit) - End of Year $ (146,222) $ 995,018 $ 391,658 $ 125,096 $ 2,857,821 $ 474,558 (Continued) 138 Page 218 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Page 211d9of 1165 Special Revenue Funds Boynton Beach Community Green Public Recreation Memorial Community Improvements Building Art Program Park Services Revenues Taxes, net of tax increment revenue $ $ $ $ $ $ Licenses and permits 526,016 Intergovernmental Charges for services 104,006 509,515 93,625 Special assessments Fines and forfeitures 233,936 Investment earnings 162 179 23,851 809 Donations 95,321 137,205 Miscellaneous 50 -- 18,638 8,825 Total Revenues 50 104,168 621,337 528,332 126,301 371,950 Expenditures Current: General government 301,977 9,345 Public safety 111,041 Physical environment 60,400 Economic environment 327,911 Culture and recreation 176,347 529,478 13,008 Capital outlay: General government 193,887 Public safety 3,429 Physical environment Economic environment Culture and recreation 12,500 24,708 Debt service: Principal retirement Interest charges -- -- -- -- -- Total Expenditures 327,911 60,400 188,847 529,478 495,864 161,531 Excess (Deficiency) of Revenues Over Expenditures (327,861) 43,768 432,490 (1,146) (369,563) 210,419 Other Financing Sources (Uses) Transfers in 157,041 20,000 Transfers out (2,600) (28,500) (68,795) Proceeds from capital leases Proceeds from issuance of loan -- Total Other Financing Sources (Uses) 154,441 -- 20,000 (28,500) (68,795) Net Change in Fund Balances (173,420) 43,768 452,490 (29,646) (438,358) 210,419 Fund Balances (Deficit) - Beginning ofYear (449,009) 291,223 (226,771) 617,535 2,991,802 1,108,066 Fund Balances (Deficit) - End of Year S( $ 334,991 $ 225,719 $ 587,889 $ 2,553,444 $ 1,318,485 (Continued) Page 211d9of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (Continued) 140 Page 220 of 1165 Special Revenue Funds Debt Service Funds Sub Total Public Boynton Sub Total Special Service Beach Debt Building Revenue Tax Debt CRA Debt Service Fund Funds Service Service Funds Revenues Taxes, net of tax increment revenue $ $ 1,342,079.00 $ 11,060,000 $ $ 11,060,000 Licenses and permits 4,614,938 5,140,954 Intergovernmental 1,307,930 Charges for services 707,146 Fines and forfeitures 2,718,895 Investment earnings 3,046 31,958 2,669 5,083 7,752 Donations 232,526 Miscellaneous 1,598 29,111 -- -- Total Revenues 4,619,582 11,510,599 11,062,669 5,083 11,067,752 Expenditures Current: General government 1,110,435 3,693 3,693 Public safety 2,691,609 3,132,760 Physical environment 61,927 Economic environment 884,030 Culture and recreation 866,710 Capital outlay: General government 202,013 Public safety 25,542 6,351,884 Physical environment Economic environment Culture and recreation 43,958 Debt service: Principal retirement 325,964 948,466 2,170,000 1,859,000 4,029,000 Interest charges 70,498 245,895 278,840 524,735 Total Expenditures 3,043,115 13,672,681 2,419.588 2,137,840 4,557,428 Excess (Deficiency) of Revenues Over Expenditures 1,576,467 (2,162,082) 8,643 081 (2,132,757) 6,510,324 Other Financing Sources (Uses) Transfers in 135,866 345,944 2,140,528 2,140,528 Transfers out (10,400) (2,967,336) (9,190,000) (9,190,000) Proceeds from capital leases 6,303,514 Proceeds from issuance of loan Total Other Financing Sources (Uses) 125,466 3,682,122 (9,190,000) 2,140,528 (7,049,472) Net Change in Fund Balances 1,701,933 1,520,040 (546,919) 7,771 (539,148) Fund Balances (Deficit) -Beginning of Year 1,127,382 10,405,303 6,091,634 120,621 6,212,255 Fund Balances (Deficit) - End of Year $ 2,829,315 $ 11,925,343 $ 5,544,715 $ 128,392 $ 5,673,107 (Continued) 140 Page 220 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON -MAJOR GOVERNMENTAL FUNDS Revenues Taxes, net of tax increment revenue Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment earnings Donations Miscellaneous Total Revenues Expenditures Current: General government Public safety Physical environment Economic environment Culture and recreation Capital outlay, General government Public safety Physical environment Economic environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Proceeds from capital leases Proceeds from issuance of loan Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning of Year Fund Balances (Deficit) - End of Year FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Capital Projects Funds Boynton Beach Local Sub Total Non -Major General Parks & CRA Government Capital Governmental Capital Recreational Bond Surtax Projects Funds Improvements Facilities Projects Improvement Funds Total $ $ $ $ $ $ 12,402,079 5,140,954 7,462,699 7,462,699 8,770,629 107,059 107,059 814,205 2,718,895 640 340 441,557 6,121 448,658 488,368 232,526 29,111 640 107,399 441,557 7,468,820 8,018,416 30,596,767 14,323 14,323 1,128,451 3,132, 760 62,205 62,205 124,132 7,481,104 7,481,104 8,365,134 14,750 550,351 565,101 1,431,811 202,013 6,351,884 737,333 737,333 737,333 4,587,600 4,587,600 4,587,600 575,269 3,045,213 3,620,482 3,664,440 352,614 352,614 5,330,080 19,009 -- -- -- 19,009 614,242 1,713,298 62,205 12,068,704 3,595,564 17,439,771 35,669,880 (1,712,658) 45,194 (11,627,147) 3,873,256 (9,421,355) (5,073,113) 1,350,000 12,099,103 13,449,103 15,935,575 (12,157,336) 6,303,514 2,550,000 2,550,000 2,550,000 1,350,000 14,649,103 15,999,103 12,631,753 (362,658) 45,194 3,021,956 3,873,256 6,577,748 7,558,640 1,644,260 460,809 11,852,619 2,413,294 16,370,982 32,988,540 $ 1,281,602 $ 506,003 $ 14,874,575 $ 6,286 550 $ 22,948,730 $ 40,547,180 141 Page 221 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GRANTS FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Due from other governments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) Liabilities Accounts payable Due to other funds Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance (Deficit) Unassigned (deficit) Total Fund Balance (Deficit) Total Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) 2022 2021 $ 165,739 $ 185,576 $ 165,739 $ 185,576 $ 24,007 $ 70,610 249,236 260,005 273,243 330,615 38,718 15,122 (146,222) (160,161) (146,222) (160,161) $ 165,739 $ 185,576 142 Page 222 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) GRANTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Intergovernmental Total Revenues Expenditures Current: General government Public safety Culture and recreation Capital outlay: General government Public safety Culture and recreation Total Expenditures Deficiency of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year 2022 2021 $ 535,599 $ 905,784 535,599 905,784 84,962 -- 287,583 259,202 147,877 59,522 8,126 -- 19,399 622,355 6,750 17,524 554,697 958,603 (4,336) (19,098) (52,819) 33,037 48,483 33,037 48,483 13,939 (4,336) (160,161) (155,825) $ (146,222) $ (160,161) 143 Page 223 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET FEMA HURRICANE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Fund Balance Fund Balance Restricted for grant programs Total Fund Balance Total Fund Balance 2022 2021 $ 995,018 $ 1,335,726 $ 995,018 $ 1,335,726 995,018 1,335,726 995,018 1,335,726 $ 995,018 $ 1,335,726 144 Page 224 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE FEMA HURRICANE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCALYEAR ENDED SEPTEMBER 30, 2021) Revenues Intergovernmental Total Revenues OTHER FINANCING USES Transfers out Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 59,292 $ 82,739 59,292 82,739 (400,000) (1,250,000) (340,708) 1 115 776 (1,167,261) $ 995,018 $ 1,335,726 145 Page 225 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET SHIP GRANT FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance Liabilities Accounts payable Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance Restricted for grant programs Total Fund Balance Total Liabilities, Deferred Inflows of Resources and Fund Balance 2022 2021 $ 1,498,155 $ 417,230 $ 1,498,155 $ 417,230 -- 28 1,106,497 25,521 391,658 391,681 391,658 391,681 $ 1,498,155 $ 417,230 146 Page 226 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE SHIP GRANT FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Intergovernmental Investment earnings Total Revenues Expenditures Current: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 72,214 $ 230,076 2,377 1,308 74,591 231,384 48,502 437,493 48,502 437,493 26,089 (206,109) (26,112) (43,749) (26,112) (43,749) (23) (249,858) 391,681 641,539 $ 391,658 $ 391,681 147 Page 227 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET CDBG GRANT FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Receivables, net Due from other governments Due from other funds Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for grant programs Total Fund Balance 2022 2021 $ 112,470 $ 100,877 -- 38,709 138,549 570,540 $ 251,019 $ 710,126 125,923 587,309 125,096 122,817 125,096 122,817 Total Liabilities and Fund Balance $ 251,019 $ 710,126 148 Page 228 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) CDBG GRANT FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Intergovernmental Total Revenues Expenditures Current: Economic environment Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 507,617 603,833 507,617 603,833 (130,929) (66,419) (130,929) (66,419) 2,279 251,405 122,817 (128,588) S 125,096 S 122,817 149 Page 229 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET TRAFFIC SAFETY FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Due to other governments Total Liabilities Fund Balance Assigned to: Public safety Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 2,904,561 $ 2,825,449 $ 2,967,502 $ 2,921,592 $ 74,074 $ 73,318 35,607 27,061 109,681 100,379 2,857,821 2,821,213 2,857,821 2,821,213 $ 2,967,502 $ 2,921,592 150 Page 230 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE TRAFFIC SAFETY FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Fines and forfeitures Investment earnings Total Revenues Expenditures Current: General government Public safety Capital outlay: Public safety Debt service Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources/(Uses) Transfers out Proceeds from capital leases Total Other Financing Sources/(Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 2,484,959 $ 2,302,463 1,327 4,011 2,486,286 2,306,474 714,151 290,604 42,527 843,094 6,303,514 4,838 622,502 -- 70,498 -- 7,753,192 1,138,536 (5,266,906) 1,167,938 (1,000,000) (350,000) 6,303,514 -- 5,303,514 (350,000) 36,608 817,938 2,821,213 2,003,275 $ 2,857,821 $ 2,821,213 151 Page 231 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET LOCAL OPTION GAS TAX FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Due from other governments Total Assets Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for capital projects Total fund balance 2022 2021 $ 363,672 $ 325,533 111,271 108,266 $ 474,943 $ 433,799 $ 385 $ -- 385 -- 474,558 433,799 474,558 433,799 Total Fund Balance $ 474,943 $ 433,799 152 Page 232 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE LOCAL OPTION GAS TAX FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Taxes Investment earnings Total Revenues Expenditures Current: Physical environment Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year 2022 2021 $ 1,342,079 $ 1,279,257 1,342,286 1,279,700 1,527 1,150 1,527 1,150 1,340,759 1,278,550 (1,300,000) (1,300,000) (1,300,000) (1,300,000) 40,759 (21,450) 433,799 455,249 Fund Balance - End of Year $ 474,558 $ 433,799 153 Page 233 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL LOCAL OPTION GAS TAX FUND FOR THE YEAR ENDED SEPTEMBER 30, 2022 Variance with Expenditures Current: Physical environment 1,150 1,150 1,527 (377) Total Expenditures 1,150 1,150 1,527 (377) Excess of Revenues Over Expenditures 1,300,845 1,300,845 1,340,759 39,914 Other Financing Uses Transfers out (1,300,000) (1,300,000) (1,300,000) -- Appropriated fund balance (845) (845) -- (845) Total Other Financing Uses (1,300,845) (1,300,845) (1,300,000) -- Net Change in Fund Balance $ -- $ -- 40,759 $ 39,914 Fund Balance - Beginning of Year 433,799 Fund Balance - End of Year $ 474,558 154 Page 234 of 1165 Final Budget Original Final Positive Budget Budget Actual (Negative) Revenues Taxes $ 1,300,132 $ 1,300,132 $ 1,342,079 $ 41,947 Investment earnings 1,863 1,863 207 (1,656) Total Revenues 1,301,995 1,301,995 1,342,286 40,291 Expenditures Current: Physical environment 1,150 1,150 1,527 (377) Total Expenditures 1,150 1,150 1,527 (377) Excess of Revenues Over Expenditures 1,300,845 1,300,845 1,340,759 39,914 Other Financing Uses Transfers out (1,300,000) (1,300,000) (1,300,000) -- Appropriated fund balance (845) (845) -- (845) Total Other Financing Uses (1,300,845) (1,300,845) (1,300,000) -- Net Change in Fund Balance $ -- $ -- 40,759 $ 39,914 Fund Balance - Beginning of Year 433,799 Fund Balance - End of Year $ 474,558 154 Page 234 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET COMMUNITY IMPROVEMENTS FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) Liabilities Accounts payable Accrued liabilities Due to other funds Total Liabilities Deferred Inflows of Resources Unavailable revenue Fund Balance (Deficit) Unassigned (deficit) Total Fund Balance (Deficit) Total Liabilities, Deferred Inflows of Resources and Fund Balance (Deficit) 2022 2021 $ 1,365 $ 9,444 3,944 3,759 556,505 375,191 561,814 388,394 60,615 60,615 (622,429) (449,009) (622,429) (449,009) 155 Page 235 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) COMMUNITY IMPROVEMENTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Miscellaneous Total Revenues Expenditures Current: Economic environment Total Expenditures Deficiency of Revenues Over Expenditures Other Financing Sources/(Uses) Transfers in Transfers out Total Other Financing Sources/(Uses) Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year $ 50 $ 257 327,911 319,624 327,911 319,624 (327,861) (319,367) 157,041 110,168 (2,600) -- 154,441 110,168 (173,420) (209,199) (449,009) (239,810) $ (622,429) $ (449,009) 156 Page 236 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) BUDGET AND ACTUAL COMMUNITY IMPROVEMENTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 157 Page 237 of 1165 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Miscellaneous $ 7,100 $ 7,100 $ 50 $ (7,050) Total Revenues 7,100 7,100 50 (7,050) Expenditures Current: Economic environment 330,514 337,114 327,911 9,203 Total Expenditures 330,514 337,114 327,911 9,203 Excess (Deficiency) of Revenues Over Expenditures (323,414) (330,014) (327,861) 2,153 Other Financing Sources/(Uses) Transfers in 326,014 326,014 157,041 (168,973) Transfers out (2,600) (2,600) (2,600) -- Appropriated fund balance -- 6,600 -- (6,600) Total Other Financing Sources/(Uses) 323,414 330,014 154,441 (175,573) Net Change in Fund Balance $ -- $ -- (173,420) $ (173,420) Fund Balance (Deficit) - Beginning of Year (449,009) Fund Balance (Deficit) - End of Year $ (622,429) 157 Page 237 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GREEN BUILDING FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Fund Balance Fund Balance Assigned to: Capital projects Total Fund Balance Total Fund Balance 2022 2021 $ 334,991 $ 291,223 $ 334,991 $ 291,223 334,991 291,223 334,991 291,223 $ 334,991 $ 291,223 158 Page 238 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GREEN BUILDING FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Charges for services Investment earnings Total Revenues Expenditures Current: Physical environment Total Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 104,006 $ 91,098 162 475 104,168 91,573 60,400 49,601 60,400 49,601 43,768 41,972 291,223 249,251 $ 334,991 $ 291,223 159 Page 239 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PUBLIC ART FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Due to other funds Total Liabilities Fund Balance (Deficit) Assigned to: Public Art Total Fund Balance (Deficit) 2022 2021 $ 227,758 $ -- $ 227,758 $ -- $ 544 $ 86 1,495 3,955 -- 222,730 2,039 226,771 225,719 (226,771) 225,719 (226,771) Total Liabilities and Fund Balance $ 227,758 $ -- 160 Page 240 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) PUBLIC ART FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Licenses and permits Donations Miscellaneous Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Revenues Excess of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year 2022 2021 $ 526,016 95,321 $ 349,226 26,392 3,000 621,337 378,618 176,347 219,348 12,500 53,955 188,847 273,303 432,490 105,315 20,000 20,000 20,000 20,000 452,490 125,315 (226,771) (352,086) Fund Balance (Deficit) - End of Year $ 225,719 $ (226,771) 161 Page 241 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE (DEFICIT) BUDGET AND ACTUAL PUBLIC ART FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Revenues Licenses and permits Interest Donations Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Transfer to fund balance Total Other Financing Sources Net Change in Fund Balance Fund Balance (Deficit) - Beginning of Year Fund Balance (Deficit) - End of Year Original Final Budget Budget $ 130,000 $ 130,000 500 500 45,000 45,000 175,500 175,500 Actual $ 526,016 95,321 621,337 Variance with Final Budget Positive (Neeative $ 396,016 (500) 50,321 44.5,837 247,188 247,188 176,347 70,841 56,501 56,501 12,500 44,001 303,689 303,689 188,847 114,842 (128,189) (128,189) 432,490 560,679 20,000 20,000 20,000 -- 108,189 108,189 -- (108,189) 128,189 128,189 20,000 (108,189) $ -- $ -- 452,490 $ 452,490 (226,771) $ 225,719 162 Page 242 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET RECREATION PROGRAM FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Receivables, net Prepaid items Total Assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Total Liabilities Fund Balance Nonspendable: Prepaid items Assigned to: Culture and recreation Total Fund Balance 2022 2021 $ 603,980 $ 635,207 -- 412 10,159 -- 614,139 $ 635,619 $ 25,315 $ 14,056 935 4,028 26,250 18,084 10,159 Total Liabilities and Fund Balance $ 614,139 $ 635,619 163 Page 243 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE RECREATION PROGRAM FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Charges for services Investment earnings Miscellaneous Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Uses Transfers out Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 509,515 $ 500,911 179 1,084 18,638 8,036 528,332 510,031 529,478 425,476 -- 1,269 529,478 426,745 (1,146) 83,286 (28,500) -- (29,646) 83,286 617,535 534,249 $ 587,889 $ 617,535 164 Page 244 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE RECREATION PROGRAM FUND BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources/(Uses) Transfers out Appropriated fund balance Total Other Financing Sources/(Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 684,941 688,441 529,478 158,963 -- 4,500 -- 4,500 684,941 692,941 529,478 163,463 25,579 17,579 (1,146) (18,725) (28,500) (28,500) (28,500) -- 2,921 10,921 -- (10,921) (25,579) (17,579) (28,500) (10,921) $ -- $ -- (29,646) $ (29,646) 617,535 $ 587,889 165 Page 245 of 1165 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues Charges for services $ 686,100 $ 686,100 $ 509,515 $ (176,585) Investment earnings 1,500 1,500 179 (1,321) Miscellaneous 22,920 22,920 18,638 (4,282) Total Revenues 710,520 710,520 528,332 (182,188) Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources/(Uses) Transfers out Appropriated fund balance Total Other Financing Sources/(Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 684,941 688,441 529,478 158,963 -- 4,500 -- 4,500 684,941 692,941 529,478 163,463 25,579 17,579 (1,146) (18,725) (28,500) (28,500) (28,500) -- 2,921 10,921 -- (10,921) (25,579) (17,579) (28,500) (10,921) $ -- $ -- (29,646) $ (29,646) 617,535 $ 587,889 165 Page 245 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH MEMORIAL PARK FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Receivables, net Total Assets Liabilities and Fund Balance Liabilities Accounts payable Accrued liabilities Total Liabilities Fund Balance Assigned to: Cemetery maintenance Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 2,554,285 $ 2,994,398 6,400 31,486 $ 2,560,685 $ 3,025,884 $ 5,784 $ 28,840 1,457 5,242 7,241 34,082 2,553,444 2,991,802 2,553,444 2,991,802 $ 2,560,685 $ 3,025,884 166 Page 246 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH MEMORIAL PARK FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Charges for services Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Capital outlay: General government Total Expenditures Deficiency of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 93,625 $ 159,000 23,851 5,554 8,825 5,000 126,301 169,554 301,977 264,441 193,887 -- 495,864 264,441 (369,563) (94,887) (68,795) (45,795) (68,795) (45,795) (438,358) (140,682) 2,991,802 3,132,484 $ 2,553,444 $ 2,991,802 167 Page 247 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH MEMORIAL PARK FUND BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Expenditures Current: General government Capital outlay: General government Total Expenditures Deficiency of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 328,374 321,374 301,977 19,397 Variance with 194,000 Original Final Final Budget Budget Budget Actual Positive (Negative) Revenues (327,674) (327,674) Charges for services $ 156,000 $ 165,000 $ 93,625 $ (71,375) Investment earnings 15,000 15,000 23,851 8,851 Miscellaneous 7,700 7,700 8,825 1,125 Total Revenues 178,700 187,700 126,301 (61,399) Expenditures Current: General government Capital outlay: General government Total Expenditures Deficiency of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 328,374 321,374 301,977 19,397 178,000 194,000 193,887 (113) 506,374 515,374 495,864 19,284 (327,674) (327,674) (369,563) (42,115) (68,795) (68,795) (68,795) -- 396,469 396,469 -- (396,469) 327,674 327,674 (68,795) (396,469) $ -- $ -- (438,358) $ (438,584) 2,991,802 $ 2,553,444 168 Page 248 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET COMMUNITY SERVICES FUNDS SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for: Public safety Other purposes Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 1,323,650 $ 1,116,262 -- 2,421 $ 1,323,650 $ 1,118,683 $ 5,165 $ 10,617 5,165 10,617 864,281 653,322 454,204 454,744 1,318,485 1,108,066 $ 1,323,650 $ 1,118,683 169 Page 249 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE COMMUNITY SERVICES FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Fines and forfeitures Investment earnings Donations Total Revenues Expenditures Current: General government Public safety Culture and recreation Capital outlay: Public safety Culture and recreation Total Expenditures Excess of Revenues Over Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year 2022 2021 $ 233,936 809 137,205 $ 70,432 2,060 195,020 371,950 267,512 9,345 111,041 13,008 59,825 104,182 32,322 3,429 2,971 24,708 10,575 161,531 209,875 210,419 57,637 210,419 57,637 1,108,066 1,050,429 Fund Balance - End of Year $ 1,318,485 $ 1,108,066 170 Page 250 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BUILDING FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Receivables, net Total Assets Liabilities and Fund Balance Liabilities Accounts payable Refundable deposits Total Liabilities Fund Balance Restricted for: Other purposes Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 2,889,322 $ 1,445,454 653 -- $ 2,889,975 $ 1,445,454 $ 58,855 $ 316,267 1,805 1,805 60,660 318,072 2,829,315 1,127,382 2,829,315 1,127,382 $ 2,889,975 $ 1,445,454 171 Page 251 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUILDING FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Licenses and permits Investment earnings Miscellaneous Total Revenues Expenditures Current: Public safety Capital outlay: Public safety Debt service: Principal Interest Total Expenditures Excess of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 4,614,938 $ 3,490,053 3,046 62 1,598 183,088 4,619,582 3,673,203 2,691,609 2,732,166 25,542 -- 325,964 -- -- 327,283 1,701,933 3,043,115 3,059,449 -- 1,576,467 613,754 135,866 534,948 (10,400) (21,320) 125,466 513,628 1,701,933 1,127,382 1,127,382 -- $ 2,829,315 $ 1,127,382 172 Page 252 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PUBLIC SERVICE TAX DEBT SERVICE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Taxes receivable Due from other governments Total Assets Fund Balance Liabilities: Accounts payable Total liabilities Fund balance: Assigned to debt service Total Fund Balance 2022 2021 $ 4,458,858 $ 5,100,074 847,837 766,859 238,720 224,701 $ 5,545,415 $ 6,091,634 $ 700 $ -- 5,544,715 6,091,634 5,544,715 6,091,634 Total Liabilities and Fund Balance $ 5,545,415 $ 6,091,634 173 Page 253 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PUBLIC SERVICE TAX DEBT SERVICE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Taxes Investment earnings Total Revenues Expenditures Current: General government Debt service: Principal retirement Interest charges Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 11,060,000 $ 10,637,514 2,669 6,529 11,062,669 10,644,043 3,693 (824) 2,170,000 2,130,000 245,895 287,820 2,419,588 2,416,996 8,643,081 8,227,047 (9,190,000) (7,840,000) (9,190,000) (7,840,000) (546,919) 387,047 6,091,634 5,704,587 $ 5,544,715 $ 6,091,634 174 Page 254 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PUBLIC SERVICE TAX DEBT SERVICE FUND BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Expenditures Current: General government Debt service: Principal retirement Interest charges Total Expenditures Excess of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 20,000 20,000 3,693 16,307 Variance with 2,170,000 Original Final 245,894 Final Budget 245,895 Budget Budget Actual Positive (Negative) Revenues 16,306 7,984,680 7,984,680 Taxes 10,399,738 10,399,738 $ 11,060,000 $ 660,262 Investment earnings 20,836 20,836 2,669 (18,167) Total Revenues 10,420,574 10,420,574 11,062,669 642,095 Expenditures Current: General government Debt service: Principal retirement Interest charges Total Expenditures Excess of Revenues Over Expenditures Other Financing Sources (Uses) Transfers out Appropriated fund balance Total Other Financing Uses Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 20,000 20,000 3,693 16,307 2,170,000 2,170,000 2,170,000 -- 245,894 245,894 245,895 (1) 2,435,894 2,435,894 2,419,588 16,306 7,984,680 7,984,680 8,643,081 658,401 (9,190,000) (9,190,000) (9,190,000) -- 1,205,320 1,205,320 -- (1,205,320) (7,984,680) (7,984,680) (9,190,000) (1,205,320) $ -- $ -- (546,919) $ (546,919) 6,091,634 $ 5,544,715 175 Page 255 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA DEBT SERVICE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 2022 2021 Assets Pooled cash and investments $ 128,392 $ 120,621 Total Assets $ 128,392 $ 120,621 Fund balance: Restricted for debt service $ 128,392 $ 120,621 Total Fund Balance $ 128,392 $ 120,621 176 Page 256 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA DEBT SERVICE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Investment earnings Total Revenues Expenditures Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year 2022 2021 $ 5,083 $ 2,065 1,859,000 1,807,000 278,840 328,363 2,137,840 2,135,363 (2,132,757) (2,133,298) 2,140,528 2,137,822 2,140,528 2,137,822 7,771 4,524 120,621 116,097 Fund Balance - End of Year $ 128,392 $ 120,621 177 Page 257 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET GENERAL CAPITAL IMPROVEMENTS FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Assigned to: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 1,548,999 $ 1,787,190 $ 1,548,999 $ 1,787,190 $ 267,397 $ 142,930 267,397 142,930 1,281,602 1,644,260 1,281,602 1,644,260 $ 1,548,999 $ 1,787,190 178 Page 258 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE GENERAL CAPITAL IMPROVEMENTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Investment earnings Total Revenues Expenditures Current: General government Culture and recreation Capital outlay: Physical environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 640 $ 2,614 640 2,614 14,323 3,202 14,750 17,136 737,333 84,980 575,269 896,714 352,614 2,193,478 19,009 119,116 1,713,298 3,314,626 (1,712,658) (3,312,012) 1,350,000 2,287,567 (362,658) (1,024,445) 1,644,260 2,668,705 $ 1,281,602 $ 1,644,260 179 Page 259 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL GENERAL CAPITAL IMPROVEMENTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Revenues Investment earnings Miscellaneous Total Revenues Expenditures Current: General government Culture and recreation Capital outlay: General government Physical environment Culture and recreation Debt service: Principal retirement Interest charges Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources (Uses) Transfers in Appropriated fund balance Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year Original Final Budget Budget $ 750 $ 750 1,200,000 1,295,561 1,200,750 1,296,311 Actual $ 640 640 Variance with Final Budget Positive (Negative $ (110) (1,295,561) (1,295,671) 3,202 12,952 14,323 (1,371) 14,750 (14,750) -- 9,900 -- 9,900 300,000 1,543,960 737,333 806,627 3,539,125 3,539,664 575,269 2,964,395 -- 352,614 352,614 -- -- 19,009 19,009 -- 3,842,327 5,478,099 1,713,298 3,764,801 (2,641,577) (4,181,788) (1,712,658) 2,469,130 2,350,000 2,950,000 1,350,000 (1,600,000) 291,577 1,231,788 -- (1,231,788) 2,641,577 4,181,788 1,350,000 (2,831,788) $ -- $ -- (362,658) $ (362,658) 1,644,260 $ 1,281,602 180 Page 260 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET PARKS & RECREATIONAL FACILITIES FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Assigned to: Capital projects 2022 2021 m cn/- "Ices m n/n onn $ 506,353 $ 460,809 $ 350 $ -- 506,003 460,809 Total Fund Balance $ 506,353 $ 460,809 181 Page 261 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE PARKS & RECREATIONAL FACILITIES FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Charges for services Investment earnings Total Revenues Expenditures Current: Physical environment Capital outlay: General government Total Expenditures Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 $ 107,059 $ 203,905 107,399 204,491 62,205 1,067 -- 16,459 62,205 17,526 45,194 186,965 460,809 273,844 $ 506,003 $ 460,809 182 Page 262 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET BOYNTON BEACH CRA BOND PROJECTS FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Receivables, net Due from other funds Prepaid items Total Assets Liabilities and Fund Balance Liabilities Accounts payable Due to primary government Deposits Payable Deferred revenue Total Liabilities Fund Balance Nonspendable: Prepaid items Committed for: Capital projects Assigned to: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 15,099,611 $ 12,039,073 22,329 32,671 -- 445,561 29,532 46,361 $ 15,151,472 $ 12,563,666 $ 275,772 $ 204,524 -- 500,000 1,125 -- -- 6,523 276,897 711,047 29,532 46,361 4,767,379 3,908,906 10,077,664 7,897,352 14,874,575 11,852,619 $ 15,151,472 $ 12,563,666 183 Page 263 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BOYNTON BEACH CRA BOND PROJECTS FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Investment earnings Total Revenues Expenditures Current: Economic environment Capital outlay: Economic environment Total Expenditures Excess (Deficiency) of Revenues Over Expenditures Other Financing Sources Proceeds from issuance of loan Transfers in Total Other Financing Sources Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 S 441,557 S 191,547 441,557 191,547 7,481,104 6,180,444 4,587,600 3,576,146 12,068,704 9,756,590 (11,627,147) (9,565,043) 2,550,000 -- 12,099,103 10,376,861 14,649,103 10,376,861 3,021,956 811,818 11,852,619 11,040,801 S 14,874,575 S 11,852,619 184 Page 264 of 1165 CITY OF BOYNTON BEACH, FLORIDA BALANCESHEET LOCAL GOVERNMENT SURTAX IMPROVEMENT FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Pooled cash and investments Due from other governments Total Assets Liabilities and Fund Balance Liabilities Accounts payable Total Liabilities Fund Balance Restricted for: Capital projects Total Fund Balance Total Liabilities and Fund Balance 2022 2021 $ 6,022,759 $ 2,385,659 493,198 425,225 $ 6,515,957 $ 2,810,884 $ 229,407 $ 397,590 229,407 397,590 6,286,550 2,413,294 6,286,550 2,413,294 $ 6,515,957 $ 2,810,884 185 Page 265 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE LOCAL GOVERNMENT SURTAX IMPROVEMENT FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Revenues Intergovernmental Investment earnings Total Revenues Expenditures Current: Culture and recreation Capital outlay: Culture and recreation Total Expenditures Excess of Revenues Over Expenditures Other Financing Uses Transfers out Net Change in Fund Balance Fund Balance - Beginning of Year Fund Balance - End of Year 2022 2021 S 7,462,699 S 6,162,106 6,121 7,305 7,468,820 6,169,411 550,351 5,950 3,045,213 5,358,138 3,595,564 5,364,088 3,873,256 805,323 -- (1,237,567) 3,873,256 (432,244) 2,413,294 2,845,538 S 6,286,550 S 2,413,294 186 Page 266 of 1165 NONMAJOR ENTERPRISE FUND Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity. Golf Course Fund - To account for operations of the City's municipal golf course. Page 267 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION GOLF COURSE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 187 Page 268 of 1165 2022 2021 Assets Current Assets Pooled cash and investments $ 740,883 $ -- Accounts receivable, net 200 2,625 Prepaid expenses 8,705 -- Inventories 40,460 29,993 Total Current Assets 790,248 32,618 Noncurrent Assets Capital assets not being depreciated 1,356,467 1,356,467 Capital assets, net of accumulated depreciation/amortization 892,997 580,992 Net pension asset -- 182,550 Total Noncurrent Assets 2,249,464 2,120,009 Total Assets 3,039,712 2,152,627 Deferred Outflows of Resources Deferred amounts related to OPEB 15,700 16,021 Deferred amounts related to pensions 525,172 25,900 Total Deferred Outflows of Resources 540,872 41,921 Liabilities Current Liabilities Accounts payable 25,033 21,036 Accrued expenses 18,201 44,023 Due to other funds -- 13,845 Unearned revenues 44,906 19,864 Capital lease, current portion 76,995 -- Compensated absences payable, current portion 19,204 16,404 Total Current Liabilities 184,339 115,172 Noncurrent Liabilities Capital lease, less current portion 251,495 -- Compensated absences payable, less current portion 128,521 109,784 Total OPEB Liability 245,154 217,709 Net pension liability 667,097 -- Total Noncurrent Liabilities 1,292,267 327,493 Total Liabilities 1,476,606 442,665 Deferred Inflows of Resources Deferred amounts related to OPEB 80,886 7,116 Deferred amounts related to pensions 7,488 319,678 Total Deferred Inflows of Resources 88,374 326,794 Net Position Investment in capital assets 1,920,974 1,937,459 Restricted for: Net pension asset -- 182,550 Unrestricted (deficit) 94,630 (694,920) Total Net Position $ 2,015,604 $ 1,425,089 187 Page 268 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN NET POSITION GOLF COURSE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services: Cart and green fees Dues Other services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income Nonoperating Expenses Investment income Interest Expense Loss on disposal of capital assets Total Nonoperating Expenses Income Before Transfers Transfers Transfers out Change in Net Position Net Position - Beginning of Year Net Position - End of Year 2022 $ 2,371,864 388,813 336,441 3,097,118 1,285,718 813,400 125,669 2021 $ 2,108,980 116,368 326,827 2,552,175 1,005,719 500,685 117,256 1224,787 1,623,660 872,331 928,515 1,003 46 (9,732) -- 51,790 (52,930) 60,519) (52,884) 811,812 875,631 (221,297) (87,346) 590,515 788,285 1,425,089 636,804 $ 2,015,604 $ 1,425,089 188 Page 269 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS GOLF COURSE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Investing Activity Interest on cash equivalents 2022 2021 Cash Flows From Operating Activities 46 Net Cash Provided by Investing Activity Receipts from customers and users $ 3,124,585 $ 2,523,737 Payments to suppliers (685,513) (365,416) Payments to employees (1,150,282) (1,100,465) Payments for interfund services used (143,062) (148,313) Net Cash Provided by Operating Activities 1,145,728 909,543 Cash Flows From Non -Capital Financing Activities 740,883 $ Loans to other funds (13,845) (614,179) Transfers out (221,297) (87,346) Net Cash Used in Non -Capital Financing Activities (235,142) (701,525) Cash Flows From Capital and Related Financing Activity Operating Income Acquisition of capital assets (489,464) (208,064) Proceeds from issuance of capital lease 318,758 Net Cash Used in Capital and Related Financing Activity (170,706) (208,064) Cash Flows From Investing Activity Interest on cash equivalents 1,003 46 Net Cash Provided by Investing Activity 1,003 46 Increase in Pooled Cash and Investments 740,883 Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year $ 740,883 $ Reconciliation of Operating Income to Net Cash Provided By Operating Activities: Operating Income $ 872,331 $ 928,515 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 125,669 117,256 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable 2,425 1,015 Prepaid expenses (8,705) 6,503 Inventories (10,467) (5,194) Deferred amounts related to OPEB 74,091 (1,785) Deferred amounts related to pensions (811,462) 364,454 Accounts payable 3,997 (14,353) Accrued expenses (25,822) (2,111) Unearned revenues 25,042 (29,453) Compensated absences payable 21,537 (7,703) Total OPEB liability 27,445 (1,512) Net pension liability 849,647 (446,089) Total Adjustments 273,397 (18,972) Net Cash Provided by Operating Activities $ 1,145,728 $ 909,543 Noncash Capital and Related Financing Activity: Loss on disposal of capital assets $ (51,790) $ (52,930) 189 Page 270 of 1165 INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Vehicle Service Fund - To account for the cost of operating a maintenance facility for automotive equipment used by City departments and administration of the City's fleet. Warehouse Fund -: To account for inventory and disbursement of commodities purchased in bulk. Self Insurance Fund - To account for worker's compensation insurance coverage of all City employees and the City's general and auto liability self-insurance program. Page 271 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICES FUND SEPTEMBER 30, 2022 WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021 190 Page 272 of 1165 Vehicle Self Total Total Service Warehouse Insurance 2022 2021 Assets Current assets: Pooled cash and investments $ 4,317,467 $ $ 6,250,276 $ 10,567,743 $ 7,857,840 Accounts receivable -- -- -- 143 Other receivables 507 507 213,106 Inventories 149,204 717,543 -- 866,747 810,067 Total Current Assets 4,467,178 717,543 6,250,276 11,434,997 8,881,156 Noncurrent Assets Capital assets not being depreciated 57,226 -- -- 57,226 33,166 Capital assets, net of accumulated depreciation 10,693,672 5,744 2,003 10,701,419 9,549,312 Net pension asset -- -- -- -- 546,629 Total Noncurrent Assets 10,750,898 5,744 2,003 10,758,645 10,129,107 Total Assets 15,218,076 723,287 6,252,279 22,193,642 19,010,263 Deferred Outflows of Resources Deferred amounts related to OPEB 27,767 8,619 10,713 47,099 48,061 Deferred amounts related to pensions 930,988 289,110 358,072 1,578,170 77,556 Total Deferred Outflows of Resources 958,755 297,729 368,785 1,625,269 125,617 Liabilities Current liabilities: Accounts payable 292,905 119,001 1,297,332 1,709,238 671,558 Accrued expenses 16,838 6,342 6,454 29,634 100,767 Provision for insurance losses, cmrcnt portion -- -- 2,288,097 2,288,097 2,215,459 Compensated absences payable, cmrcntportion 9,253 33,235 4,787 47,275 22,754 Due to other funds -- 464,788 -- 464,788 574,530 Total Current Liabilities 318,996 623,366 3,596,670 4,539,032 3,585,068 Noncurrent Liabilities Provision for insurance losses, less current portion -- -- 4,437,878 4,437,878 4,160,284 Compensated absences payable, less current portion 61,922 41,086 32,038 135,046 152,274 Total OPEB liability 433,586 134,594 167,282 735,462 653,126 Net pension liability 1,182,581 367,240 454,839 1004,660 -- Total Noncurrent Liabilities 1,678,089 542,920 5,092,037 7,313,046 4,965,684 Total Liabilities 1,997,085 1,166,286 8,688,707 11,852,078 8,550,752 Deferred Inflows of Resources Deferred amounts related to OPEB 143,057 44,408 55,193 242,658 21,348 Deferred amounts related to pensions 13,274 4,122 5,105 22,501 957,248 Total Deferred Inflows of Resources 156,331 48,530 60,298 265,159 978,596 Net Position (Deficit) Investment in capital assets 10,750,898 5,744 2,003 10,758,645 9,582,478 Restricted for: Net pension asset -- -- -- -- 546,629 Unrestricted (deficit) 3,272,517 (199,544) (2,129,944) 943,029 (522,575) Total Net Position (Deficit) $ 14,023,415 $ (193,800) $ (2,127,941) $ 11,701,674 $ 9,606,532 190 Page 272 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION INTERNAL SERVICES FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) 191 Page 273 of 1165 Vehicle Self Total Total Service Warehouse Insurance 2022 2021 Operating Revenues Charges for services $ 5,181,932 $ 529,438 $ 5,600,000 $ 11,311,370 $ 10,763,972 Total Operating Revenues 5,181,932 529,438 5,600,000 11,311,370 10,763,972 Operating Expenses Personal services and benefits 1,580,700 483,155 566,704 2,630,559 2,182,438 Supplies, services and claims .3,846,052 96,623 6,207,891 10,150,566 8,447,461 Depreciation and amortization 4,354,493 3,714 222 4,358,429 4,635,460 Total Operating Expenses 9,781,245 583,492 6,774,817 17,139,554 15,265,359 Operating Income (Loss) (4,599,313) (54,054) (1,174,817) (5,828,184) (4,501,387) Nonoperating Revenues Investment earnings 2,002 -- 4,987 6,989 6,843 Gain on disposal of capital assets 1,127,642 (1,040) -- 1,126,602 411,459 Miscellaneous income 28,684 -- 628,852 657,536 493,309 Total Nonoperating Revenues 1,158,328 (1,040) 633,839 1,791,127 911,611 Income (Loss) Before Transfers (3,440,985) (55,094) (540,978) (4,037,057) (3,589,776) Transfers Transfers in 5,461,318 -- 683,750 6,145,068 5,848,072 Transfers out -- (12,869) -- (12,869) (22,583) Total Transfers 5,461,318 (12,869) 683,750 6,132,199 5,825,489 Change in net position 2,020,333 (67,963) 142,772 2,095,142 2,235,713 Net Position (Deficit) - Beginning of Year 12,003,082 (125,837) (2,270,713) 9,606,532 7,370,819 Net Position (Deficit) - End of Year $ 14,023,415 $(193,800) $ (2,127,941) $ 11,701,674 $ 9,606,532 191 Page 273 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICES FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Operating Activities Receipts from interfund services provided Receipts from others Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by (Used in) Operating Activities Cash Flows From Non -Capital Financing Activities Transfers in Transfers out Net Cash Provided by (Used in) Non -Capital Financing Activities Cash Flows From Capital and Related Financing Activities Acquisition of capital assets Proceeds from sale of capital assets Net Cash Provided by (Used in) Capital and Related Financing Activities Cash Flows From Investing Activity Investment income Net Cash Provided by Investing Activity Increase in pooled cash and investments Pooled cash and investments - beginning of year Pooled cash and investments - end ofyear Reconciliation of Operating Loss to Net Cash Provided by (Used In) Operating Activities Operating loss Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Depreciation and amortization Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable Other receivable Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Due to other funds Provision for insurance losses Compensated absences payable Total OPEB liability Net pension liability Total Adjustments Net Cash Provided by (Used in) Operating Activities Noncash Capital and Related Financing Activity Gain (loss) on disposal of capital assets Vehicle Self Total Total Service Warehouse Insurance 2022 2021 $ 5,394,531 $ 529,438 $ 5,600,143 $ 11,524,112 $ 10,550,723 28,684 628,852 657,536 493,309 (3,561,569) (89,839) (4,930,183) (8,581,591) (8,720,460) (1,359,857) (423,393) (490,613) (2,273,863) (2,290,299) (345,043) (2,298) (144) (347,485) (290,503) 156,746 13,908 808,055 978,709 (257,230) 5,461,318 (462,239) 683,750 6,145,068 5,848,072 9,936 (12,869) -- (12,869) (22,583) 5,461,318 (12,869) 683,750 6,132,199 5,825,489 (5,532,372) (1,039) (2,225) (5,535,636) (2,450,145) 1,127,642 -- 1,127,642 283,745 (4,404,730) (1,039) (2,225) (4,407,994) (2,103,785) 2,002 3,724 4,987 6,989 6,843 2,002 477,382 4,987 6,989 6,843 1,215,336 67,962 1,494,567 2,709,903 3,471,317 3,102,131 13,908 4,755,709 7,857,840 4,449,138 $ 4,317,467 $ $ 6,250,276 $ 10,567,743 $ 7,920,455 $ (4,599,313) $ (54,054) $ (1,174,817) $ (5,828,184) $ (4,501,387) 4,354,493 3,714 222 4,358,429 4,635,460 28,684 628,852 657,536 493,309 143 143 (143) 212,599 212,599 (213,106) (70,496) 13,816 (56,680) 247,770 130,498 41,141 50,633 222,272 (10,232) (1,418,285) (462,239) (554,837) (2,435,361) 1,104,754 9,936 100,412 927,332 1,037,680 (1,191,950) (40,297) (10,706) (20,130) (71,133) 25,545 (109,742) (109,742) 57,202 350,232 350,232 323,476 (6,471) 10,460 3,304 7,293 12,159 61,769 3,724 16,843 82,336 145,755 1,493,629 477,382 580,278 2,551,289 (1,385,842) 4,756,059 67,962 1,982,872 6,806,893 4,244,157 $ 156,746 $ 13,908 $ 808,055 $ 978,709 $ (257,230) $ 1,127,642 $ (1,040) $ -- $ 1,126,602 $ 411,459 192 Page 274 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION VEHICLE SERVICE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 193 Page 275 of 1165 2022 2021 Assets Current Assets Pooled cash and investments $ 4,317,467 $ 3,102,131 Other receivables 507 213,106 Inventories 149,204 78,708 Total Current Assets 4,467,178 3,393,945 Noncurrent Assets Capital assets not being depreciated 57,226 33,166 Capital assets, net of accumulated depreciation 10,693,672 9,539,853 Net pension assets -- 311,048 Total Noncurrent Assets 10,750,898 9,884,067 Total Assets 15,218,076 13,278,012 Deferred Outflows of Resources Deferred amounts related to OPEB 27,767 27,361 Deferred amounts related to pensions 930,988 44,132 Total Deferred Outflows of Resources 958,755 71,493 Liabilities Current Liabilities Accounts payable 292,905 282,969 Accrued expenses 16,838 57,135 Compensated absences payable, current portion 9,253 10,094 Due to other funds Total Current Liabilities 318,996 350,198 Noncurrent Liabilities Compensated absences payable, less current portion 61,922 67,552 Total OPEB liability 433,586 371,817 Net pension liability 1,182,581 -- Total Noncurrent Liabilities 1,678,089 439,369 Total Liabilities 1,997,085 789,567 Deferred Inflows of Resources Deferred amounts related to OPEB 143,057 12,153 Deferred amounts related to pensions 13,274 544,703 Total Deferred Inflows of Resources 156,331 556,856 Net Position Investment in capital assets 10,750,898 9,573,019 Restricted for: Net pension assets -- 311,048 Unrestricted (deficit) 3,272,517 2,119,015 Total Net Position $ 14,023,415 $ 12,003,082 193 Page 275 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION VEHICLE SERVICE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Loss Nonoperating Revenues Investment earnings Gain on disposal of capital assets Miscellaneous income Total Nonoperating Revenues Loss Before Transfers Transfers Transfers in Total Transfers Change in Net Position Net Position - Beginning of Year Net Position - End of Year 2022 5,181,932 5,181,932 1,580,700 3,846,052 4,354,493 9,781,245 (4,599,313 2,002 1,127,642 28,684 1,158,328 (3,440,985) 2021 4,642,354 4,642,354 1,309,896 3,216,779 4,633,699 9,160,374 (4,518,020) 715 411,459 506 412,680 (4,105,340) 5,461,318 5,229,322 5,461,318 2,020,333 12,003,082 $ 14,023,415 5,229,322 1,123,982 10, 879,100 S 12,003,082 194 Page 276 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS VEHICLE SERVICE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Operating Activities Receipts from interfund services provided Receipts from others Payments to suppliers Payments to employees Payments for interfund services usec Net Cash Provided by (Used in) Operating Activities Cash Flows From Non -Capital Financing Activities Transfers in Net Cash Provided by Non -Capital Financing Activities Cash Flows From Capital and Related Financing Activities Acquisition of capital assets Proceeds from sale of capital asset: Other proceeds Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activity Investment income Net Cash Provided by Investing Activity Increase in Pooled Cash and Investments Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year Reconciliation of Operating Loss to Net Cash Provided By (Used In) Operating Activities Operating loss Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Depreciation and amortization Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Other receivable Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Compensated absences payable Total OPEB liability Net pension liability Total adjustments Net Cash Provided by (Used in) Operating Activities Noncash Capital and Related Financing Activity Gain on disposal of capital assets 2022 2021 $ 5,394,531 28,684 (3,561,569) (1,359,857) (345,043) 156,746 $ 4,429,248 506 (3,805,750) (1,307,790) (288,013) (971,799) 5,461,318 5,229,322 5,461,318 5,229,322 (5,532,372) (2,439,900) 1,127,642 283,745 (4,404,730) (2,156,155) 2,002 715 2,002 715 1,215,336 2,102,083 3,102,131 1,000,048 $ 4,317,467 $ 3,102,131 $ (4,599,313) $ (4,518,020) 4,354,493 4,633,699 28,684 506 212,599 (213,106) (70,496) 172,704 130,498 (6,766) (1,418,285) 615,859 9,936 (1,049,688) (40,297) 15,762 (6,471) 6,269 61,769 111,916 11493,629 (740,934) 4,756,059 3,546,221 $ 156,746 $ (971,799) $ 1,127,642 $ 411,459 195 Page 277 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION WAREHOUSE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Current Assets Inventories Total Current Assets Noncurrent Assets Capital assets, net of accumulated depreciation Net pension asset Total Noncurrent Assets Total Assets Deferred Outflows of Resources Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Outflows of Resources Liabilities Current Liabilities Accounts payable Accrued expenses Compensated absences payable, current portion Due to other funds Total Current Liabilities Noncurrent Liabilities Compensated absences payable, less current portion Other postemployment benefits Net pension liability Total Noncurrent Liabilities Total Liabilities Deferred Inflows of Resources Deferred amounts related to OPEB Deferred amounts related to pensions Total Deferred Inflows of Resources Net Position (Deficit) Investment in capital assets Restricted for: Net pension assets Unrestricted (deficit) Total Net Position (Deficit) S 717,543 S 731,359 717,543 731,359 5,744 9,459 -- 110,142 5,744 119,601 723,287 850,960 8,619 9,630 289,110 15,627 297,729 25,257 119,001 18,589 6,342 17,048 33,235 8,302 623,366 618,469 41,086 55,559 134,594 130,870 367,240 -- 542,920 186,429 1,166,286 804,898 44,408 4,278 4,122 192,878 48,530 197,156 5,744 9,459 -- 110,142 (199,544) (245,438) $ (193,800) $ (125,837) 196 Page 278 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION WAREHOUSE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Income (Loss) Nonoperating Revenues Loss on disposal of capital assets Miscellaneous income Income (Loss) Before Transfers Transfers Transfers out Change in Net Position Net Position (Deficit) - Beginning of Year Net Position (Deficit) - End of Year 2022 2021 T - e n n m - � n e n 529,438 525,250 483,155 96,623 3,714 (54,054) 403,112 46,344 1,761 451,217 74,033 (1,040) -- 62,615 (55,094) 136,648 (12,869) (22,583) (67,963) 114,065 (125,837) (239,902) S(193,800) S (125,837) 197 Page 279 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS WAREHOUSE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Operating Activities Receipts from interfund services provided Receipts from other Payments to suppliers Payments to employees Payments for interfund services used Net Cash Provided by Operating Activities Cash Flows From Non -Capital Financing Activity Transfers out Net Cash Used in Non -Capital Financing Activity Cash Flows From Capital and Related Financing Activity Acquisition of capital assets Net Cash Used in Capital and Related Financing Activity Increase in Pooled Cash and Investments Pooled Cash and Investments - Beginning of Year Pooled Cash and Investments - End of Year Reconciliation of Operating Income (Loss) to Net Cast Provided By Operating Activities Operating income (loss) Adjustments to reconcile operating loss to net cash provided by operating activities: Depreciation and amortization Miscellaneous income Changes in operating assets, liabilities and deferred inflows/outflows: Inventories Deferred amounts related to OPEB Deferred amounts related to pensions Accounts payable Accrued expenses Due to other funds Compensated absences payable Other postemployment benefits Net pension liability Total Adjustments Net Cash Provided by Operating Activities Noncash Investing, Capital, and Financing Activities: Loss on disposal of capital assets 2022 2021 $ 529,438 (89,83 (423,393) (2,298) 13,908 (12,869) (12,869) $ 525,250 62,615 (119,392) (433,268) (2,377) 32,828 (22,583) (22,583) (1,039) (10,245) (1,039) (10,245) $ (54,054) $ 74,033 3,714 1,761 -- 62,615 13,816 75,066 41,141 (1,865) (462,239) 224,870 100,412 (207,693) (10,706) 2,862 (109,742) 57,202 10,460 8,161 3,724 23,520 477,382 (287,704) 67,962 (41,205) $ 13,908 $ 32,828 $ (1,040) $ -- 198 Page 280 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF NET POSITION SELF INSURANCE FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 199 Page 281 of 1165 2022 2021 Assets Current Assets Pooled cash and investments $ 6,250,276 $ 4,755,709 Accounts receivable -- 143 Total Current Assets 6,250,276 4,755,852 Noncurrent assets Capital assets, net of accumulated depreciation 2,003 -- Net pension assets -- 125,439 Total noncurrent assets 2,003 125,439 Total Assets 6,252,279 4,881,291 Deferred Outflows of Resources Deferred amounts related to OPEB 10,713 11,070 Deferred amounts related to pensions 358072 17,797 Total Deferred Outflows of Resources 368,785 28,867 Liabilities Current Liabilities Accounts payable 1,297,332 370,000 Accrued expenses 6,454 26,584 Provision for insurance losses, current portion 2,288,097 2,215,459 Compensated absences payable, current portion 4,787 4,358 Total Current Liabilities 3,596,670 2,616,401 Noncurrent Liabilities Provision for insurance losses, less current portion 4,437,878 4,160,284 Compensated absences payable, less current portion 32,038 29,163 Total OPEB liability 167,282 150,439 Net pension liability 454,839 -- Total Noncurrent Liabilities 5,092,037 4,339,886 Total Liabilities 8,688,707 6,956,287 Deferred Inflows of Resources Deferred amounts related to OPEB 55,193 4,917 Deferred amounts related to pensions 5,105 219.667 Total Deferred Inflows of Resources 60,298 224,584 Net Position (Deficit) Investment in capital assets 2,003 -- Restricted for: Net pension assets -- 125,439 Unrestricted (deficit) (2,129,944) (2,396,152) Total Net Position (Deficit) $ (2,127,941) $ (2,270,713) 199 Page 281 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION SELF INSURANCE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Operating Revenues Charges for services Total Operating Revenues Operating Expenses Personal services and benefits Supplies, services and claims Depreciation and amortization Total Operating Expenses Operating Loss Nonoperating Revenues Investment earnings Miscellaneous income Total Nonoperating Revenues Income (Loss) Before Transfers Transfers Transfers in Total Transfers Change in Net Position Net Position (Deficit) - Beginning of Year Net Position (Deficit) - End of Year 2022 2021 $ 5,600,000 $ 5,596,368 5,600,000 5,596,368 566,704 469,430 61207,891 5,184,338 6,774,817 5,653,768 (1,174,817) (57,400) 4,987 6,128 633,839 436,316 (540,978) 378,916 683,750 618,750 683,750 618,750 142,772 997,666 (2,270,713) (3,268,379) $ (2,127,941) $ (2,270,713) 200 Page 282 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CASH FLOWS SELF INSURANCE FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Cash Flows From Investing Activity Investment income 2022 2021 Cash Flows From Operating Activities 4,987 6,128 Receipts from interfund services provided $ 5,600,143 $ 5,596,225 Receipts from others 628,852 430,188 Payments to suppliers (4,930,183) (4,795,318) Payments to employees (490,613) (549,241) Payments for interfund services used (144) (113) Net Cash Provided by Operating Activities 808,055 681,741 Cash Flows From Non -Capital Financing Activity Transfers in 683,750 618,750 Net Cash Provided by Non -Capital Financing Activity 683,750 618,750 Cash Flows From Capital and Related Financing Activity 628,852 430,188 Acquisition of capital assets (2,225) -- Net Cash Used in Capital and Related Financing Activity (2,225) (143) Cash Flows From Investing Activity Investment income 4,987 6,128 Net Cash Provided by investing Activity 4,987 6,128 Increase in Pooled Cash and Investments 1,494,567 1,306,619 Pooled Cash and Investments - Beginning of Year 4,755,709 3,449,090 Pooled Cash and investments - End of Year $ 6,250,276 $ 4,755,709 Reconciliation of Operating Loss to Net Cash Used in Operating Activities Operating loss $ (1,174,817) $ (57,400) Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Depreciation and amortization 222 Miscellaneous income 628,852 430,188 Changes in operating assets, liabilities and deferred inflows/outflows: Accounts receivable 143 (143) Deferred amounts related to OPEB 50,633 (1,601) Deferred amounts related to pensions (554,837) 264,025 Accounts payable 927,332 65,431 Accrued expenses (20,130) 6,921 Provision for insurance losses 350,232 323,476 Compensated absences payable 3,304 (2,271) Total OPEB liability 16,843 10,319 Net pension liability (asset) 580,278 (357,204) Total Adjustments 1,982,872 739,141 Net Cash Provided by Operating Activities $ 808,055 $ 681,741 201 Page 283 of 1165 PENSION TRUST FUNDS Pension Trust Funds account for the net position restricted for pension benefits and the changes in net position restricted for pension benefits of the City's three pension plans. Since these assets are not funds of the City of Boynton Beach, but those held in trust for employees and retirees, they are not included in the Government -Wide Financial Statements. Instead, they are reported in the following pages as part of the City's fiduciary responsibility. General Employees' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's general employees. Police Officers' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's sworn police personnel. Firefighters' Pension Fund - To account for the accumulation of resources to be used for the retirement benefit payments to the City's certified fire personnel. Page 284 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) 202 Page 285 of 1165 General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2022 2021 Assets Cash $ 403,534 $ 2,373 $ 217,096 $ 623,003 $ 1,369,984 Investments: Money market mutual funds 1,711,375 4,998,185 6,709,560 8,381,322 U.S. Government and Agency obligations 7,039,728 17,330,521 24,370,249 32,789,701 Mortgage-backed securities 1,505,014 1,505,014 3,844,665 Corporate obligations 3,078,061 7,929,574 11,007,635 14,628,908 Equity securities 34,445,948 34,674,698 69,120,646 95,379,265 Equity mutual funds 82,658,138 82,658,138 103,022,526 Equity investment funds 18,332,550 71,317,636 29,952,691 119,602,877 135,701,778 International equity investment funds 19,149,510 19,149,510 28,692,647 Fixed income investment funds 32,505,289 3,248,380 35,753,669 50,138,221 Real estate investment funds 44,510,863 9,239,402 21,306,385 75,056,650 53,532,315 Contributions receivable 55,317 103,244 158,561 Interest and dividends receivable 92,813 143,321 236,134 220,304 Pending trades receivable 1,156,807 617,614 1,774,421 601,962 DROP loans 152,128 154,897 307,025 235,912 Prepaid expenses 963,129 11,934 15,130 990,193 35,577 Total Assets 195,897,960 113,901,693 139,223,632 449,023,285 528,575,087 Liabilities Accounts payable 341,801 139,907 65,359 547,067 671,818 Prepaid employee contributions -- 70,426 Pending trades payable 609,705 365,984 975,689 881,846 Total Liabilities 951,506 139,907 431,343 1,522,756 1,624,090 Net Position Restricted for Pension Benefits $ 194,946,454 $ 113,761,786 $ 138,792,289 $ 447,500,529 $ 526,950,997 202 Page 285 of 1165 CITY OF BOYNTON BEACH, FLORIDA COMBINING STATEMENT OF FIDUCIARY NET POSITION PENSION TRUST FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) 203 Page 286 of 1165 General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2022 2021 Additions Contributions: Employer $ 7,134,561 $ 6,689,463 $ 5,545,366 $ 19,369,390 $ 18,683,469 Plan members 1,878,542 1,642,155 1,722,491 5,243,188 4,857,206 State -- 969,097 1,056,527 2,025,624 1,890,308 Total Contributions 9,013,103 9,300,715 8,324,384 26,638,202 25,430,983 Investment Earnings Net appreciation (depreciation) in fair of investments (33,198,920) (19,110,025) (29,280,125) (81,589,070) 80,310,220 Interest and dividends 4,139,296 6,162 3,450,256 7,595,714 6,804,656 Miscellaneous (4,010) -- 444 (3,566) 37,995 (29,063,634) (19,103,863) (25,829,425) (73,996,922) 87,152,871 Less investment expenses 943,107 595,238 443,117 1,981,462 2,085,487 Net Investment Earnings (30,006,741) (19,699,101) (26,272,542) (75,978,384) 85,067,384 Total Additions (Reductions), net (20,993,638) (10,398,386) (17,948,158) (49,340,182) 110,498,367 Deductions Benefits paid 12,666,641 8,485,009 7,945,766 29,097,416 26,551,336 Refunds of contributions 412,986 54,927 12,850 480,763 390,939 Administrative expenses 153,564 194,461 184,082 532,107 534,504 Total Deductions 13,233,191 8,734,397 8,142,698 30,110,286 27,476,779 Change in Plan Net Position (34,226,829) (19,132,783) (26,090,856) (79,450,468) 83,021,588 Net Position Restricted for Pension Benefits Beginning of Year 229,173,283 132,894,569 164,883,145 526,950,997 443,929,409 End of Year $ 194,946,454 S 113,761,786 $ 138,792,289 $ 447,500,529 $ 526,950,997 203 Page 286 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF FIDUCIARY NET POSITION GENERAL EMPLOYEES' PENSION FUND SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Cash Investments: Money market mutual funds U.S. Government and Agency obligations Mortgage-backed securities Corporate obligations Equity securities Equity mutual funds Equity investment funds Real estate investment funds Interest and dividends receivable Pending trades receivable Prepaid expenses Total Assets Liabilities Accounts payable Prepaid employee contributions Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits 2022 2021 $ 403,534 $ 1,367,611 1,711,375 1,914,345 7,039,728 6,755,838 1,505,014 3,844,665 3,078,061 3,493,546 34,445,948 52,142,658 82,658,138 103,022,526 18,332,550 20,367,562 44,510,863 37,071,600 92,813 84,042 1,156,807 61,329 963,129 8,513 195,897,960 230,134,235 341,801 327,704 -- 70,426 609,705 562,822 951,506 960,952 $ 194,946,454 $ 229,173,283 204 Page 287 of 1165 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION GENERAL EMPLOYEES' PENSION FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Additions Contributions: Employer Plan members Total Contributions Investment Earnings Net appreciation (depreciation) in fair value of investments Interest and dividends Miscellaneous Less investment expenses Net Investment Earnings (Losses) Total Additions (Deductions), net Deduction Benefits paid Refunds of contributions Administrative expenses Total Deductions Change in Plan Net Position Net Position Restricted for Pension Benefits - Beginning of Year Net Position Restricted for Pension Benefits - End of Year 2022 $ 7,134,561 1,878,542 2021 $ 7,468,676 1,789,284 9,013,103 9,257,960 (33,198,920) 35,346,104 4,139,296 3,585,936 (4,010) 37,668 (29,063,634) 38,969,708 943,107 907,403 (30,006,741) 38,062,305 (20,993,638) 47,320,265 12,666,641 11,689,646 412,986 369,098 153,564 161,047 13,233,191 12,219,791 (34,226,829) 35,100,474 229,173,283 194,072,809 $ 194,946,454 $ 229,173,283 205 Page 288 of 1165 CITY OF BOYNTON BEACH, FLORIDA POLICE OFFICERS' PENSION FUND STATEMENT OF FIDUCIARY NET POSITION SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Cash Investments: Equity investment funds Fixed income investment funds Real estate investment funds 1000 index fund Contributions receivable Interest and dividends receivable Pending trades receivable DROP loans Prepaid expenses Total Assets Liabilities Accounts payable Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits 2022 2021 $ 2,373 $ 2,373 71,317,636 32,505,289 9,239,402 55,317 617,614 152,128 11,934 113,901,693 139,907 67,413,280 38,471,189 7,874,733 18,626,357 540,633 137,665 11,934 133,078,164 183,595 139,907 183,595 $ 113,761,786 $ 132,894,569 206 Page 289 of 1165 CITY OF BOYNTON BEACH, FLORIDA POLICE OFFICERS' PENSION FUND STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Additions Contributions: Employer Plan members State Total Contributions Investment Earnings Net appreciation (depreciation) in fair value of investments Interest and dividends Less investment expenses: Investment expenses Net Investment Earnings Total Additions (Deductions), net Deductions Benefits paid Refunds of contributions Administrative expenses Total Deductions Change in Plan Net Position Net Position Restricted for Pension Benefits - Beginning of Year Net Position Restricted for Pension Benefits - End of Year 2022 2021 $ 6,689,463 1,642,155 969,097 9,300,715 (19,110,025) 6,162 (19,103,863) 595,238 (19,699,101) (10,398,386) 8,485,009 54,927 194,461 8,734,397 (19,132,783) $ 5,999,430 1,409,474 895,165 8,304,069 21,506,549 10,279 21,516,828 727,933 20,788,895 29,092,964 7,810,999 13,824 187,230 8,012,053 21,080,911 132,894,569 111,813,658 $ 113,761,786 $ 132,894,569 207 Page 290 of 1165 CITY OF BOYNTON BEACH, FLORIDA FIREFIGHTERS' PENSION FUND STATEMENT OF FIDUCIARY NET POSITION SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS AS OF SEPTEMBER 30, 2021) Assets Cash Investments: Money market mutual funds U.S. Government and Agency obligations Corporate obligations Equity securities Equity investment funds International equity investment funds Fixed income investment funds Real estate investment funds Contributions receivable Interest and dividends receivable DROP loans Prepaid expenses Total Assets Liabilities Accounts payable Pending trades payable Total Liabilities Net Position Restricted for Pension Benefits 2022 2021 $ 217,096 $ -- 4,998,185 6,466,977 17,330,521 26,033,863 7,929,574 11,135,362 34,674,698 43,236,607 29,952,691 29,294,579 19,149,510 28,692,647 3,248,380 11,667,032 21,306,385 8,585,982 103,244 -- 143,321 136,262 154,897 98,247 15,130 15,130 139,223,632 165,362,688 65,359 160,519 365,984 319,024 431,343 479,543 $ 138,792,289 $ 164,883,145 208 Page 291 of 1165 CITY OF BOYNTON BEACH, FLORIDA FIREFIGHTERS' PENSION FUND STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 (WITH COMPARATIVE TOTALS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021) Additions Contributions: Employer Plan members State Total Contributions Investment Earnings Net appreciation (depreciation) in fair value value of investments Interest and dividends Miscellaneous Less investment expenses Net Investment Earnings (Losses) Total Additions (Deductions), net Deductions Benefits paid Refunds of contributions Administrative expenses Total Deductions Change in Plan Net Position Net Position Restricted for Pension Benefits - Beginning of Year Net Position Restricted for Pension Benefits - End of Year 2022 $ 5,545,366 1,722,491 1,056,527 8,324,384 (29,280,125) 3,450,256 444 (25,829,425) 443,117 (26,272,542) 2021 $ 5,215,363 1,658,448 995,143 7,868,954 23,457,567 3,208,441 327 26,666,335 450,151 26,216,184 (17,948,158) 34,085,138 7,945,766 7,050,691 12,850 8,017 184,082 186,227 8,142,698 7,244,935 (26,090,856) 26,840,203 164,883,145 138,042,942 $ 138,792,289 $ 164,883,145 209 Page 292 of 1165 STATISTICAL SECTION Page 293 of 1165 Page 294 of 1165 STATISTICAL SECTION TABLE OF CONTENTS This part of the City of Boynton Beach's Annual Comprehensive Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. Government -wide Net Position by Component 210 Government -wide Changes in Net Position 211-212 Governmental Activities Tax Revenues by Source 213 Fund Balance of Governmental Funds 214 Changes in Fund Balance of Governmental Funds 215 Revenue Capacitv These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. Assessed Value and Estimated Actual Value of Taxable Property 216 Property Tax Rates — Direct and Overlapping Governments 217 Ten Principal Property Taxpayers 218 Property Tax Levies and Collections 219 Debt Capacitv These schedules contain information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. Ratios of Outstanding Debt by Type 220 Ratios of General Bonded Debt Outstanding 221 Direct and Overlapping Governmental Activities Debt 222 Legal Debt Margin Information 223 Pledged Revenue Coverage - Water & Sewer Bonds 224 Pledged Revenue Coverage - Public Service Tax Bonds 225 Demographics and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. Demographic and Economic Statistics 226 Principal Employers 227 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. Full -Time Equivalent City Government Employees by Function 228 Operating Indicators by Function/Program 229 Capital Asset Statistics by Function/Program 230 Sources: Unless otherwise noted, the information in these schedules is derived from the Annual Comprehensive Financial Report (ACFR) for the relevant year. Page 295 of 1165 N N S x � I� � a• N � a xNN C ANN N N t` t` v -i Oi Vl vl S. O r J •C+ J � d V 'V d vj v3 ss v> O 7. Ri p 7 z .4 V3 64 69 H3 O• OM_ � � � .�r� O � txr, � � O J V3 69 fA EA Oln� x vj v3 ss v> M N M a 1 C x N C V3 64 69 H3 H3 S4 V3 64 � croM � h w O'.0 vJ rM x N O x F» s9 v3 a 1 z 0 N C O O G O O C r J •C+ J � d V 'V d R O 7. Ri p 7 z .4 z 0 N p v. d •� d � 4 .. v - o — a F 't x b S N N oOC O V vl V O C V S b l � � O N V O _ M C P � •' X N S� 'D ^ ,� W V — N lG op N l� � � M �•.. vl O C P JD C/J I N N �^ N — — � V — � •--� V � N � Qi QOi � � �O C �n vi vi C hShN S y h V h N P -F Nx I� -�� _ T O L. -� O O C O O Oi vNi Qi i x O C C C_ – l� N S N _ IA— h \ mT - M C C S x O — vl S N I� N N �n vl N G. M 'J p v. d •� d � 4 .. v - o — a F vS M 7 -1 O -� T' N In - In N Vt vt JG N �n � V Vl N N N � V Ol In Ef S9 69 M f Ff S9 bS Ff �o N rn N vl a� N In vl o� I Ff O S9 N N bS a ^o�� ^�xN^m.o M, oN vim', oc vlN f In EP 64 6S f �G N 7 I N N^ M ^ M C Pn I"1 I x d � Ff 69 bS R a C7 F F F U F N_ N In - In M Ff �o N rn N vl a� N In vl o� I Ff O S9 N N bS a ^o�� ^�xN^m.o M, oN vim', oc vlN �a _ f EP 64 6S O� �C �C V O P •--� V V 1p N 7 � M � '� x x N a C O r Ci V V P 1 V V m 7 O v. In O I� c N N Pn I"1 I x d � Ff 69 bS R a C7 F F F U F N_ N CITY OF BOYNTON BEACH, FLORIDA GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE LAST TEN FISCAL YEARS Public Communications Fiscal Property Franchise Service Services Sales Gas Year Taxes Taxes Taxes Taxes Taxes (1) Taxes Total 2013 $ 29,094,562 $ 4,296,681 $ 6,395,124 $ 2,775,603 $ 4,702,203 $ 1,152,519 $ 48,416,692 2014 32,102,705 4,636,483 6,987,760 2,494,978 5,033,943 1,199,533 52,455,402 2015 35,208,959 4,688,568 7,156,246 2,509,197 5,434,292 1,279,010 56,276,272 2016 39,228,218 4,669,059 7,352,212 2,383,974 4,760,885 1,313,329 59,707,677 2017 42,283,823 4,784,734 7,576,223 2,558,269 5,738,662 1,368,662 64,310,373 2018 45,596,082 4,715,685 7,735,274 2,325,012 11,162,782 1,401,786 72,936,621 2019 48,822,642 4,581,640 7,873,870 2,552,477 12,058,775 1,415,063 77,304,467 2020 52,421,658 4,503,615 7,817,800 2,747,866 11,091,619 1,301,895 79,884,453 2021 55,851,071 4,688,829 7,951,801 2,685,713 12,952,881 1,361,830 85,492,125 2022 58,744,169 5,350,883 8,352,726 2,707,274 15,472,705 1,408,613 92,036,370 (1) In 2017 the City began receiving the proceeds of a local option sales tax approved by the voters for 10 year period to finance local infrastructure capital projects. 213 Page 299 of 1165 �-i 7 a � � v .-• � � ,-" v � � �i rn o" x t� V3 S9 69 69 � M A S9 69 69 M 5R S9 69 69 -- 7 63 S9 69 69 m o, M A S9 69 69 O O s �D 5R S9 69 69 V N n N s�E o N o n ncq m 4 r N va ss sa ss N l� l� N 'J1 �D .-. O v� ,-. v� 7 '• N O a 7 N l� h T vl Ci � 12 r- - N A S9 69 69 C Gt O � C u FT -I d .� V oc 'n ,-. �C N 'n l� :o N 7 a 7 .-• ,--� a 'O D M O �D 'n'n �- 59 I I I I I � ❑ 3 N C 4 I I 69 N N O vl O O O a 'n N CG a 4 '� v' .y .•`� c C � Pr a 69 69 V '^ N O ,-r N T � O H a m l� m ,-. h O 'n a � a 1� � � � N �-• N O V � � r O V O 7 M x vl I a— N � m 7 a� w m ,-• ,-• 'n c� ,-• 'n M ,-. a, vmi � o � t� � 7 M N� 7 N h 7 �G .--" r 7 .• M N a� I 'n O a NV N N �D 7 7 1 'n r r- v3 V3 I I I I I I I V3 711 SII SII C o 'fl � ❑ 3 N C 4 � N N O vl O O O a CG a 4 '� v' .y .•`� c C � Pr a 69 69 V '^ N O ,-r N T � O H a m l� m ,-. h O 'n a � a 1� � � � N �-• N O V � � r O V O 7 M x vl I a— N � m 7 a� w m ,-• ,-• 'n c� ,-• 'n M ,-. a, vmi � o � t� � 7 M N� 7 N h 7 �G .--" r 7 .• M N a� I 'n O a NV N N �D 7 7 1 'n r r- 711 SII SII C o 'fl � ❑ 3 N C 4 � 4 '� v' .y .•`� c C � Pr a 69 69 V '^ N O ,-r N T � O H a m l� m ,-. h O 'n a � a 1� � � � N �-• N O V � � a— N � m 7 a� w m ,-• ,-• 'n c� ,-• 'n M ,-. a, vmi � o � t� � a � o 7 �G .--" r 7 .• 1� vi o� � N -.o 7 N N �D M vi r v3 s5 f3 H3 711 SII SII C o 'fl � ❑ 3 N C 4 � 4 '� v' .y .•`� c C � Pr a H a o H z a v� UI M C, 00 7 N Cl ^ M C V 'A �" N ON N ON N N NO N NO N w N o � N. d F In �n c a` o co ry a, Clo, ry M N o0 00 00 O1 O Cl N c � 7 as 0o M �n oM, M � N -� a, .� N rq lc lc" m o M v a v In c a p U n M V' O1 N^ In In x Ol Q` �1 U > U ^ O O O O O O OO O O 0 0 C, Q` C, Q` C1 Q\ d O pr E U IC a F — M N l� 00 ICN 01 C V' O 1� lci 7 N uU o�oca o N d 3 c d Mvv N 0 0 0 0 0 0 0 O A 0 N N N N NA N N N v� UI M C, 00 7 N Cl ^ M C V 'A �" N ON N ON N N NO N NO N w N CITY OF BOYNTON BEACH, FLORIDA PROPERTY TAX RATES DIRECT AND OVERLAPPING GOVERNMENTS LAST TEN FISCAL YEARS PER $1,000 of ASSESSED VALUE) Source: Palm Beach County Property Appraiser Tax rate limits Ten mills per Florida Statute 200.081 Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due March 31 Taxes delinquent April 1 Discounts allowed 4% November, 3% December, 2% January, 1% February Penalties for delinquency 2.5% after April 1, increasing .5% each ten days to maximum of 5.0% Tax collector Palm Beach County Tax collector's commission None (1) Other rates include the South Florida Water Management District, Florida Inland Navigation District, Palm Beach County Health Care District, and the Children's Services Council. 217 Page 303 of 1165 City of Boynton Beach Palm Beach County Schools Fiscal Operating Debt Total Operating Debt Total Operating Debt Total Year Millage Service City Millage Service County Millage Service Schools Other(l) Total 2013 7.6000 0.0000 7.6000 4.7815 0.2087 4.9902 7.7780 0.0000 7.7780 2.3154 22.6836 2014 7.9000 0.0000 7.9000 4.7815 0.2037 4.9852 7.5860 0.0000 7.5860 2.2800 22.7512 2015 7.9000 0.0000 7.9000 4.7815 0.1914 4.9729 7.5940 0.0000 7.5940 2.1732 22.6401 2016 7.9000 0.0000 7.9000 4.7815 0.1327 4.9142 7.5120 0.0000 7.5120 2.0974 22.4236 2017 7.9000 0.0000 7.9000 4.7815 0.1210 4.9025 7.0700 0.0000 7.0700 1.8518 21.7243 2018 7.9000 0.0000 7.9000 4.7815 0.1208 4.9023 6.7690 0.0000 6.7690 1.7818 21.3531 2019 7.9000 0.0000 7.9000 4.7815 0.0765 4.8580 7.1640 0.0000 7.1640 1.6870 21.6090 2020 7.9000 0.0000 7.9000 4.7815 0.0309 4.8124 8.0654 0.0000 8.0654 1.6753 22.4531 2021 7.8900 0.0000 7.8900 4.7815 0.0334 4.8149 6.8750 0.0000 6.8750 1.6386 21.2185 2022 7.8500 0.0000 7.8500 4.7150 0.0289 4.7439 6.5190 0.0000 6.5190 1.5390 20.6519 Source: Palm Beach County Property Appraiser Tax rate limits Ten mills per Florida Statute 200.081 Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due March 31 Taxes delinquent April 1 Discounts allowed 4% November, 3% December, 2% January, 1% February Penalties for delinquency 2.5% after April 1, increasing .5% each ten days to maximum of 5.0% Tax collector Palm Beach County Tax collector's commission None (1) Other rates include the South Florida Water Management District, Florida Inland Navigation District, Palm Beach County Health Care District, and the Children's Services Council. 217 Page 303 of 1165 CITY OF BOYNTON BEACH, FLORIDA TEN PRINCIPAL PROPERTY TAXPAYERS CURRENT YEAR AND NINE YEARS AGO 218 Page 304 of 1165 2022 2013 City Tax Taxable Value Taxable Value Taxpayer Amount Value Rank % Value Rank % 1351 South Federal FL Owner LLC $ 1,131,735 $ 144,170,072 1 1.79% $ -- -- Florida Power & Light Co. 1,132,659 144,287,816 2 1.79% 91,537,059 1 2.49% Terra Funding Sea Lofts LLC 987,619 125,811,334 3 1.56% Seabourn Cove Holdings LLC 938,657 119,574,187 4 1.48% -- -- -- USCMF District at Boynton LLC 818,171 104,225,641 5 1.29% IMT Capital V Boynton Beach LLC 813,372 103,614,286 6 1.28% Duke PGC at Quantum 19 LLC 770,589 98,164,211 7 1.22% - WSRE CP PAC Investors LLC 594,669 75,754,044 8 0.94% - Northland Lugano LLC 611,188 77,858,281 9 0.96% - Avanti Residential 500 Ocean TIC I LLC 537,679 68,494,109 10 0.85% - Hart Seabourn Cove LLC -- -- -- 62,305,276 2 1.69% Las Ventanas at Boynton Beach Ltd. 55,000,000 3 1.50% PRH Boynton Beach LLC 45,075,351 4 1.23% GSC Residential Savannah Lakes LLC 44,783,128 5 1.22% City National Bank of Boynon Beach LLC 43,616,096 6 1.19% Boynton JCP Associates 41,542,113 7 1.13% Duke PGC at Quantum 19 LLC 37,927,554 8 1.03% Morguard Boynton Town Ctr Inc 33,775,402 9 0.92% Boynton Development Associates 11 LLC -- 0.00% 33,128,238 10 0.90% 8,336,338 1,061,953,981 13.16% 488,690,217 13.30% Other 46.362,293 7,011,469,963 86.84% 3,188,956,321 86.70% Total Tax and Final Taxable Value $ 54,698,631 $ 8,073,423,944 100.00% $ 3,677,646,538 100.00% 218 Page 304 of 1165 CITY OF BOYNTON BEACH, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Sources: City of Boynton Beach Financial Services Department and Palm Beach County Tax Collector (1) General Fund tax levy and collections do not include tax increment revenues and are not reduced for early payment discounts. 219 Page 305 of 1165 Total General Fund General Fund Property Tax Collections Fiscal Year Property Tax Current Property Taxes Delinquent Total Property Taxes Ended Levied for Collected Taxes Collected September 30, Fiscal Year Amount % of Levy (i) (Refunds) Amount % of Levy 2013 S 27,950,114 $ 27,720,517 99.2% $ 213,194 $ 27,933,711 99.9% 2014 29,736,500 29,372,243 98.8% 216,683 29,588,926 99.5% 2015 33,372,261 31,930,094 95.7% 59,842 31,989,936 95.9% 2016 36,619,390 35,249,544 96.3% 37,266 35,286,810 96.4% 2017 39,712,237 38,100,867 95.9% 30,489 38,131,356 96.0% 2018 41,458,358 41,175,720 99.3% 32,164 41,207,884 99.4% 2019 45,698,641 45,670,932 99.9% 35,343 45,706,275 100.0% 2020 49,100,107 48,896,218 99.6% 23,422 48,919,640 99.6% 2021 52,330,060 52,135,227 99.6% 53,356 52,188,583 99.7% 2022 54,837,702 54,698,631 99.7% 28,001 54,726,632 99.8% Sources: City of Boynton Beach Financial Services Department and Palm Beach County Tax Collector (1) General Fund tax levy and collections do not include tax increment revenues and are not reduced for early payment discounts. 219 Page 305 of 1165 CITY OF BOYNTON BEACH, FLORIDA RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS Note: Details about the City's outstanding debt can be found in the notes to the financial statements. The debt for the business - type activities represents debt for our water treatment plants and wastewater collection and transmission system. These facilities serve our residents as well as non-residents on our water and sewer utility system. * Governmental Activities includes outstanding debt for the Community Redevelopment Agency (CRA), consisting of the tax increment revenue bonds and a portion of the promissory notes. 220 Page 306 of 1165 Business -type Governmental Activities Activities CRA Tax Capital Water & Fiscal Year CRA Increment Public Lease / Sewer Total Ended Promissory Revenue Service Tax Note Installment Revenue Primary Per September 30, Notes* Bonds/Note* Bonds Payable Agreements Bonds Government Capita 2013 $ 828,747 $ 23,162,000 $ 27,185,000 $ $ $ 73,671,656 $ 124,847,403 $ 1,781 2014 567,357 21,965,000 25.755,000 70,529,795 118,817,152 1,678 2015 290,762 20,031,000 24,850,000 67,258,586 112,430,348 1,570 2016 18,744,000 23.730,000 63,843,581 106,317,581 1,461 2017 17,119,000 21,830,000 83,275,514 122,224,514 1,617 2018 15,449,000 19,890,000 727,523 90,610,047 126,676,570 1,649 2019 13,738,000 17,920,000 4,350,000 2,355,155 86,707,553 125,070,708 1,610 2020 11,976,000 15,825,000 1,850,000 79,587,686 82,817,392 192,056,078 2,447 2021 10,169,000 13,695,000 77,445,890 77,895,000 179,204,890 2,229 2022 8,310,000 11,525,000 81,227,417 72,135,000 173,197,417 2,057 Note: Details about the City's outstanding debt can be found in the notes to the financial statements. The debt for the business - type activities represents debt for our water treatment plants and wastewater collection and transmission system. These facilities serve our residents as well as non-residents on our water and sewer utility system. * Governmental Activities includes outstanding debt for the Community Redevelopment Agency (CRA), consisting of the tax increment revenue bonds and a portion of the promissory notes. 220 Page 306 of 1165 CITY OF BOYNTON BEACH, FLORIDA RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS Source: City of Boynton Beach Financial Services Department Less: Amounts Available in Debt Service Funds Net General Obligation Debt $ 828,747 567,357 290,762 Percentage of Actual General Taxable Value of Obligation Fiscal Year Capita Taxable Debt Ended 8.01 Value of (including September 30, Population Property CRA Debt) 0.000% 2013 70,101 $ 3,677,646,538 $ 828,747 2014 70,800 3,884,337,937 567,357 2015 71,608 4,646,176,798 290,762 2016 72,784 5,021,254,623 -- 2017 75,569 5,414,030,684 -- 2018 76,800 5,791,656,676 -- 2019 77,696 6,208,473,339 -- 2020 78,495 6,623,563,815 -- 2021 80,380 6,942,367,054 -- 2022 84,200 8,073,423,944 -- Source: City of Boynton Beach Financial Services Department Less: Amounts Available in Debt Service Funds Net General Obligation Debt $ 828,747 567,357 290,762 Percentage of Actual Taxable Value of Per Property Capita 0.023% 11.82 0.015% 8.01 0.006% 4.06 0.000% -- 0.000% -- 0.000% -- 0.000% -- 0.000% -- 0.000% -- 0.000% -- 221 Page 307 of 1165 CITY OF BOYNTON BEACH, FLORIDA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT AS OF SEPTEMBER 30, 2022 Overlapping: Palm Beach County: General obligation bonds $ 26,250,000 3.64% 956,119 Palm Beach County School District: General obligation bonds 140,421,000 3.64% Certificates of Participation 1,265,425,000 3.64% 46,091,304 Total direct and overlapping bonded debt payable from taxes $ 1,432,096,000 $ 47,047,423 Boynton Beach estimated population 84,200 Direct and overlapping net debt per capita $ 558.76 Sources: Assessed value data used to estimate applicable percentages provided by Palm Beach County. Debt outstanding data provided by Palm Beach County and Palm Beach County School Board. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of the City of Boynton Beach. The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the county's taxable assessed value that is within the City's boundaries and dividing it by the county's total taxable assessed value. 222 Page 308 of 1165 Direct and Net Overlapping Governmental Estimated Net General Activities Percent Obligation Debt Applicable Debt Direct: City of Boynton Beach: $ -- 100.00% $ -- Overlapping: Palm Beach County: General obligation bonds $ 26,250,000 3.64% 956,119 Palm Beach County School District: General obligation bonds 140,421,000 3.64% Certificates of Participation 1,265,425,000 3.64% 46,091,304 Total direct and overlapping bonded debt payable from taxes $ 1,432,096,000 $ 47,047,423 Boynton Beach estimated population 84,200 Direct and overlapping net debt per capita $ 558.76 Sources: Assessed value data used to estimate applicable percentages provided by Palm Beach County. Debt outstanding data provided by Palm Beach County and Palm Beach County School Board. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of the City of Boynton Beach. The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of the county's taxable assessed value that is within the City's boundaries and dividing it by the county's total taxable assessed value. 222 Page 308 of 1165 Fiscal Year Ended September 30, 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 CITY OF BOYNTON BEACH, FLORIDA LEGAL DEBT MARGIN INFORMATION LAST TEN FISCAL YEARS Debt Limit _ (A) $ 503,798,224 $ 535,349,681 678,646,369 738,949,052 795,213,312 841,132,567 896,065,959 934,210,206 992,340,761 1,296,965,564 Total Net Debt Applicable to Debt Limit (B) 828,747 567,357 290,762 727,523 2,355,155 Legal Debt Margin CAS - (13) $ 502,969,477 534,782,324 678,355,607 738,949,052 795,213,312 841,132,567 895,338,436 931,855,051 992,340,761 1,296,965,564 Legal Debt Margin Calculation for Fiscal Year 2022 % of Total Net Debt Applicable to Debt Limit (B)/(A) 0.16% 0.11% 0.04% 0.00% 0.00% 0.00% 0.00% 0.25% 0.00% 0.00% Assessed valuations: Taxable value $ 8,073,423,944 Add back exempt property 4,896,231,695 Total assessed value for debt limit $ 12,969,655,639 Legal debt margin: Debt limitation - 10% of total assessed value for debt limit $ 1,296,965,564 Debt applicable to limitation: Total general obligation debt -- Less: Amount available for repayment of general obligation debt -- Total net debt applicable to debt limit -- Legal debt margin $ 1,296,965,564 The City has established a maximum cap for long-term general obligation debt as 10% of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. 223 Page 309 of 1165 CITY OF BOYNTON BEACH, FLORIDA PLEDGED REVENUE COVERAGE - WATER & SEWER BONDS LAST TEN FISCAL YEARS The following definitions are in accordance with the bond resolutions: (1) Revenues include operating and certain non-operating revenues and transfers. Current expenses include operating and non-operating expenses (excludes depreciation, amortization, and transfers for administrative expenses). (2) Coverage requirement is 110% of current debt service. Source: City of Boynton Beach Financial Services Department 224 Page 310 of 1165 Water and Sewer Revenue Bonds Fiscal Year Net Ended Current Available Debt Service Payments September 30, Revenues(]) Expenses (1) Revenues Principal Interest Coverage (2) 2013 $ 38,639,303 $ 21,862,965 $ 16,776,338 $ 2,170,000 $ 3,382,123 3.02 2014 42,291,880 22,397,705 19,894,175 2,810,000 3,289,266 3.26 2015 44,453,262 22,479,193 21,974,069 2,945,000 3,129,086 3.62 2016 45,867,901 21,809,615 24,058,286 3,095,000 2,976,734 3.96 2017 46,411,629 22,617,289 23,794,340 3,255,000 3,136,770 3.72 2018 46,548,876 22,331,704 24,217,172 3,425,000 3,261,374 3.62 2019 49,617,445 23,745,897 25,871,548 3,605,000 3,370,201 3.71 2020 49,450,187 24,672,816 24,777,371 4,215,000 3,192,714 3.34 2021 50,399,813 26,121,308 24,278,505 4,310,000 1,002,696 4.57 2022 50,903,077 27,348,894 23,554,183 5,760,000 1,169,457 3.40 The following definitions are in accordance with the bond resolutions: (1) Revenues include operating and certain non-operating revenues and transfers. Current expenses include operating and non-operating expenses (excludes depreciation, amortization, and transfers for administrative expenses). (2) Coverage requirement is 110% of current debt service. Source: City of Boynton Beach Financial Services Department 224 Page 310 of 1165 CITY OF BOYNTON BEACH, FLORIDA PLEDGED REVENUE COVERAGE - PUBLIC SERVICE TAX BONDS Fiscal Year Public Ended Service Tax Debt Service September 30, Revenues Principal Interest Coverage(i) 2013 $ 9,170,727 $ 1,365,000 $ 1,265,315 3.49 2014 9,482,738 1,430,000 1,198,709 3.61 2015 9,665,443 1,500,000 1,128,828 3.68 2016 9,736,186 1,120,000 466,455 6.14 2017 10,134,492 1,900,000 446,273 4.32 2018 10,060,286 1,940,000 406,770 4.29 2019 10,426,347 1,970,000 368,648 4.29 2020 10,637,514 2,130,000 287,820 4.46 2021 10,644,044 2,130,000 287,820 4.40 2022 11,062,669 2,170,000 245,895 4.58 (1) - Coverage requirement is 110% of current debt service. Source: City of Boynton Beach Financial Services Department 225 Page 311 of 1165 CITY OF BOYNTON BEACH, FLORIDA DEMOGRAPHIC AND ECONOMIC STATISTICS IF1IWYOWN yMWE-111ald0". W! (1) Source: University of Florida, Bureau of Business and Economic Research Personal Income represents Palm Beach County (Revised) (2) Source: School District of Palm Beach County - Enrollment Reports (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County 226 Page 312 of 1165 Per Capita Total Average Fiscal Personal School Unemployment Year Population(O Income(i) Enrollment (2) Rate (3) 2013 70,101 57,985 177,797 7.1% 2014 70,800 58,565 180,285 6.0% 2015 71,608 66,914 183,447 5.3% 2016 72,784 68,714 186,291 4.8% 2017 75,569 55,322 189,320 4.2% 2018 76,800 50,561 195,289 3.5% 2019 77,696 52,078 196,335 3.6% 2020 78,495 55,463 198,133 9.1% 2021 80,380 87,478 191,154 5.2% 2022 84,200 100,627 191,798 3.0% (1) Source: University of Florida, Bureau of Business and Economic Research Personal Income represents Palm Beach County (Revised) (2) Source: School District of Palm Beach County - Enrollment Reports (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County 226 Page 312 of 1165 CITY OF BOYNTON BEACH, FLORIDA 199109i16M.10040199-1114DOW CURRENT YEAR AND NINE YEARS AGO 2022 2013 Sources: InfoUSA (Reference USA Database) and the Greater Boynton Beach Chamber of Commerce Only partial information for 2022 and 2013 was available. N/A - Not available. 227 Page 313 of 1165 Percentage Percentage of Total of Total City City Employer Employees Rank Employment Employees Rank Employment Palm Beach County School District 22,426 1 N/A 21,718 1 N/A Palm Beach County 5,753 2 N/A 5,127 3 N/A Tenet Coastal Division Palm Beach County 5,734 3 N/A 6,100 2 N/A NextEra Energy, Inc 5.330 4 N/A 3,635 4 N/A Florida Atlantic University 5.059 5 N/A 2,776 6 N/A Boca Raton Regional Hospital 3,135 6 N/A 2,250 10 N/A Veterans Health Administration 2,600 7 N/A N/A HCA Health Administration 2,419 8 N/A N/A The Breakers 2.300 9 N/A N/A Baptist Health South Florida 2.282 10 N/A 2.391 8 N/A G4S (Wackenhut Corporation) N/A 3,000 5 N/A Hospital Corp of America - HCA -- N/A 2,714 7 N/A Office Depot -- N/A 2,250 9 N/A Totals 57.038 N/A 51.961 N/A Sources: InfoUSA (Reference USA Database) and the Greater Boynton Beach Chamber of Commerce Only partial information for 2022 and 2013 was available. N/A - Not available. 227 Page 313 of 1165 CITY OF BOYNTON BEACH, FLORIDA FULL-TIME EQUIVALENT CITY GOVERNMENT EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS Source: City of Boynton Beach Financial Services Department 228 Page 314 of 1165 Full -Time Equivalent Employees as of September 30, Function/Program 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General Government Management Services 19 17 17 19 18 18 18 21 23 23 Financial Services 13 13 13 14 14 15 15 15 16 16 Information Technology 15 15 15 14 14 15 15 15 15 16 Hrunan Resources 7 7 6 6 6 6 6 5 5 8 Planning and Zoning 6 6 6 6 6 6 6 6 6 6 Facilities Management 11 11 11 11 11 12 12 11 11 10 Public Safety Police 185 191 222 211 211 214 220 222 221 226 Communications 23 23 Fire 142 142 149 147 147 147 147 147 147 153 Community Standards 22 22 23 23 22 22 14 Code Compliance 11 11 Animal Control Building/Engineering/Licenses 31 31 30 34 30 32 32 32 34 33 Physical Environment Forestry & Grounds 20 20 23 23 23 Roads & Streets 4 5 5 5 5 5 4 4 4 6 Economic Environment Community improvement 4 3 2 2 2 2 2 2 2 3 Grants 2 8 1 1 1 1 1 1 1 2 Culture/Recreation Library 28 28 27 27 27 27 28 28 28 28 Recreation and Parks 70 70 70 68 72 53 52 52 51 52 Public Art 1 1 1 1 1 1 2 2 2 2 Internal Service Funds Vehicle Service 11 11 11 12 12 12 12 16 16 16 Warehouse 4 4 4 4 4 5 5 6 6 6 Self Insurance 4 3 4 4 4 5 5 5 5 6 Enterprise Funds Water & Sewer Utility 128 130 133 133 133 134 138 141 141.25 140 Sanitation 38 40 40 44 44 44 46 47 47 47 Golf Course 26 26 24 21 21 21 21 21 21 23 Total 783 796 791 806 80.5 818 830 843 847 859 Source: City of Boynton Beach Financial Services Department 228 Page 314 of 1165 M O 1,0 �C NC1 N M C N ro n cc c N Ic N Ic \C O C C N C Vt V1 � � a M CC C Vt C C O O O O O O l Vl C1 V1 N M O �C � N CC N O M M M O M O N �C vi 7 M Ncel M� M In �o �C M. IC C, 7 v1 V1 Ic M 'n O C, N a` M11; Q` V M O V N M C, M l� N o M 0c U--; "cel cll V vi m m cc oc v� ca o M o cll t- N 't l� OG M In --� l� N h �F V� C, cn N � � o � y cli cn N V] l� --i V1 Vl C1 M lC CC N V M V C, O M M N to � F. � G a. .'_". n O FO ,� U � bq G � ✓: y, c3 �. v: -' � � eLJ C > O bb4 > Y J '> O FO �= W 1 U N Q OC C O yy G U oo Mo eco ov v N� oc� v N� a N O N ti ti O N M. Ic r- cY a IC N N � � N N In M N � N� oo a , m r- C� lc N 't v C S o M .c Itv v O N M N M. V1 ^. M Vt a IT M O 1,0 �C NC1 N M C N ro n cc c N Ic N Ic \C O C C N C Vt V1 � � a M CC C Vt C C O O O O O O l Vl C1 V1 N M O �C � N CC N O M M M O M O N �C vi 7 M Ncel M� M In �o a N N N a` M11; c, co o In 7 V vi V vi m N m l� vi o N M In In 0 � o � y CID to F. � G a. .'_". n O FO ,� U � bq G � ✓: y, c3 �. v: -' � � eLJ C > O bb4 > Y J '> O FO �= W 1 U N Q OC C O yy G U a N N w a Le)�l- l- M l- a N O N �O M V O - N 'O v CC a aClIc O In M O N N r N 10 N N M a V W M M O - N ^ a a n^ a o a Cl a w v t a N N V, o N I -o O N V M a ^ M m � o N a ^ �::J v� a •-- oC O a N �n oc a N r O a 10 ^ O O v) M ^ N m O ID oM r ^ N N o M N^ O O N ^ ^ �n In oc O W O a N �n Don � Dca N l- M ^ N O N ox ^ N M IO 10 Co V1 00 O ^ N N V m N^ N r- V O O N ^ ^ a vi x r M O a N V' n �E Vi a^ �t a IO 'IO �n O N O �n Co ^^ N M v1 m N O N N - ^ a n t t N a a N B a a a o m v N 2 N N a 7 m O Do 7 O N N ^ a N O v) 0 N a Le)�l- l- M l- a N O N �O M V O - N 'O v CC a aClIc O In M O N N r N 10 N N M a V W M M O - N ^ a a m l- N a N O V) Vc 1 �E •-- a oo ^^ M N O W)m V2 N ^ N r- ^ �D N N O V M a ^ M N a� ox O M N LO T T 1� O Q0 T M a) 0) M 0- REPORTING SECTION Page 317 of 1165 CUM ACCOUNTANTS A ADVISORS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERNMENTAUDITING STANDARDS To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida (the "City"), as of and for the fiscal year ended September 30, 2022, and the related notes to the financial statements, which collectively comprise the City's basic financial statements and have issued our report thereon dated March 31, 2023. Our report includes a reference to other auditors who audited the financial statements of the Boynton Beach Community Redevelopment Agency, a major governmental fund of the City, and the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, as described in our report on the City's financial statements. This report does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those other auditors. The financial statements of the City of Boynton Beach Police Officers' Pension Fund and the City of Boynton Beach Firefighters' Pension Fund were not audited in accordance with Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. 231 Marcum LLP 525 Okeechobee Boulevard Suite 750 West Palm Beach, Florida 33401 Phone 561.653.7300 www.marcn318 of 1165 A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. West Palm Beach, Florida March 31, 2023 232 Page 319 of 1165 CUM ACCOUNTANTS A ADVISORS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR THE MAJOR FEDERAL PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida Report on Compliance for the Major Federal Program Opinion on the Major Federal Program We have audited the City of Boynton Beach, Florida (the "City") compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on the City's major federal program for the fiscal year ended September 30, 2022. The City's major federal program is identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on its major federal program for the year ended September 30, 2022. Basis for Opinion on the Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditors' Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the major federal program. Our audit does not provide a legal determination of the City's compliance with the compliance requirements referred to above. 233 Marcum LLP "I'll' 525 Okeechobee Boulevard ,,ill, Suite 750 ,,ill, West Palm Beach, Florida 33401 ,,ill, Phone 561.653.7300 ,,ill, www.marcFageo,320 of 1 165 Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's federal programs. Auditors' Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements the major federal program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we: • exercise professional judgment and maintain professional skepticism throughout the audit. • identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. 234 Page 321 of 1165 Report on Internal Control Over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the Auditors' Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. West Palm Beach, FL March 31, 2023 235 Page 322 of 1165 City of Boynton Beach, Florida SCHEDULE OF OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Federal Agency, Pass-through Grantor Program of Cluster Title United States Department of Housing and Urban Development Direct Programs: Community Development Block Grants/ Entitlement Grants Cluster COV1D-19 Community Development Block Grant Total CDBG - Entitlement Grants Cluster Total United States Department of Housing and Urban Development United States Department of Justice Direct Programs: Coronavirus Emergency Supplemental Funding Program Equitable Sharing Program Indirect Programs: Passed through City of Tallahassee Bulletproof Vest Partnership Program Victims of Crime Act (VOLA) Total United States Department of Justice United States Department of Transportation Indirect Programs: Passed through State of Florida Dept. of Transportation Speed & Aggressive Driving Occupant Protection Boynton Beach Motorcycle Safety Initiative Impaired Driving Total Highway Safety Chaster Passed through University of North Florida Training Services HVE Bicycle and Pedestrian Safety - Highway Planning and Construction Cluster Total United States Department of Transportation United States Department of Treasury Indirect Programs: Passed through Florida Division of Emergency Management - ARPA Coronavirus State and Local Fiscal Recovery Funds Total United States Department of Treasury U.S Institute of Museum and Library Services Indirect Programs: Passed through award from State of Florida, Department of State, Division of Library and Information Services ARPA - Technology Training for Entrepreneurs and Career Advancement Total U.S. Institute of Museum and Library Services Assistance Grant Number/ Amounts Listing Pass-through Entity Provided to Federal Number Identifying Number Subrecipients Expenditures 14.218 B -20 -MC -12-0043 $ 87,366 $ 409,078 14.218 B -20 -MW -12-0043 236,468 87,366 645,546 87,366 645,546 16.034 2020 -VD -BX -1108 35,912 16.922 N/A 194 16.607 2020BUBX20021267 12,464 VOCA-2021 City of 16.575 Boynton Beach 00712 14,829 63,399 20.600 GIR54 49,035 20.600 GIU16 34,969 20.600 G2117 25,202 20.616 G2113 15,986 125,192 20.205 GIX15 408 125,600 21.027 N/A 4,069,999 4,069,999 45.310 21-ARPA-01 93,084 (Continued) 93,084 Page 32�Af 1165 City of Boynton Beach, Florida SCHEDULE OF OF EXPENDITURES OF FEDERAL AWARDS (Continued) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 Federal Agency, Pass-through Grantor Program of Cluster Title U.S Department of Homeland Security Indirect Programs: Passed through award from Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Dorian) Hazard Mitigation Grant Program Assistance Grant Number/ Amounts Listing Pass-through Entity Provided to Federal Number ldentifying Number Subrecipients Expenditures 97.036 DR -4468 97.039 FEMA -DR -4337-121-R Passed through Palm Beach County Homeland Security Grant Program (HSGP) 97.067 21-MIPMIP-10-007VO Homeland Security Grant Program (HSGP) 97.067 21-MIPMIP-10-003VO Total U.S. Department of Homeland Security Grant Program 97.067 21-MIPMIP-10-003VO Total U.S. Department of Homeland Security Total Expenditures of Federal Awards 8,624 2,834 19,143 19,946 39,089 50,547 $ 87,366 $ 5,048,175 See accompanying notes to schedule of expenditures of federal awards Page 32,fbf 1165 CITY OF BOYNTON BEACH, FLORIDA NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 NOTE 1 - BASIS OF PRESENTATION The accompanying schedule of expenditures of federal awards (the "Schedule") presents the expenditure activity of all federal awards of the City of Boynton Beach, Florida (the "City") for the fiscal year ended September 30, 2022. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position/fund balance or cash flows of the City. Expenditures of State financial assistance for the fiscal year ended September 30, 2022 did not exceed the $750,000 threshold for a State Single Audit. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Certain pass-through entity identifying numbers were not available for pass-through awards listed in the Schedule for the year ended September 30, 2022. NOTE 3 - INDIRECT COST RATE The City has elected not to use the 10 -percent de minimis indirect cost rate allowed under the Uniform Guidance. NOTE 4 - EXPENDITURES INCURRED IN PRIOR YEARS Amounts reported in the Schedule of Expenditures of Federal Awards for U.S. Department of Homeland Security, Disaster Grants - Public Assistance (Presidentially Declared Disasters — Hurricane Dorian) include expenditures of $8,624 that were incurred in a prior year. 238 Page 325 of 1165 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued on whether the financial Statements audited were prepared in accordance with GAAP Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(ies) identified? Noncompliance material to financial statements noted? Federal Award Program Internal control over major Federal Program: Material weakness(es) identified? Significant deficiency(ies) identified? Type of auditor's report issued on compliance for major Federal Program: Any audit findings disclosed that are required to be reported in accordance with 2 CFR Section 200.516(a)? Identification of Maior Federal Prozram: Federal Program United States Department of Treasury Passed through State of Florida, Division of Emergency Management — ARPA Coronavirus State and Local Fiscal Recovery Funds Dollar threshold used to distinguish between Type A and Type B Federal programs: Auditee qualified as low-risk auditee? Unmodified Opinion Yes X No Yes X None reported Yes X No Yes X No Yes X None reported Unmodified Opinion Yes X No Assistance Listing No. 21.027 X Yes No 239 Page 326 of 1165 CITY OF BOYNTON BEACH, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 SECTION II -FINANCIAL STATEMENT FINDINGS None SECTION III — FEDERAL AWARD PROGRAMS FINDINGS AND QUESTIONED COSTS None 240 Page 327 of 1165 CITY OF BOYNTON BEACH, FLORIDA SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 I. PRIOR YEAR FINANCIAL STATEMENT FINDINGS None II. PRIOR YEAR FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS None 241 Page 328 of 1165 CUM ACCOUNTANTS A ADVISORS MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida Report on the Financial Statements We have audited the financial statements of the City of Boynton Beach, Florida (the "City"), as of and for the fiscal year ended September 30, 2022, and have issued our report thereon dated March 31, 2023. We did not audit the financial statements of the Boynton Beach Community Redevelopment Agency ("CRA"), a major governmental fund of the City, and the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, which are fiduciary funds of the City. This management letter does not include any matters reported on separately by those other auditors in their management letter, if any. Auditors' Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards; Independent Auditors' Report on Compliance for the Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance; Schedule of Findings and Questioned Costs; Summary Schedule of Prior Audit Findings; and Independent Accountants' Report on an examination conducted in accordance with AICPA Professional Standards, AT -C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports and schedules, which are dated March 31, 2023, should be considered in conjunction with this management letter. 242 Marcum LLP 525 Okeechobee Boulevard Suite 750 West Palm Beach, Florida 33401 Phone 561.653.7300 www.marcn329 of 1165 Prior Audit Findings Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no prior year audit findings reported in the preceding annual financial audit report. Official Title and Legal Authority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. This information is disclosed in Note I to the financial statements. Also, as discussed in Note 1, the City included the Boynton Beach Community Redevelopment Agency as a blended component unit of the City. Financial Condition and Management Sections 10.554(1)(1)5.a. and 10.556(7), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether or not the City met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures to the City. It is management's responsibility to monitor the City's financial condition, and our financial condition assessment was based in part on representations made by management and review of financial information provided by same. The results of our procedures disclosed no matters that are required to be reported. Our assessment was performed as of the fiscal year end. Section 10.554(1)(1)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Special District Component Units Section 10.554(1)(i)5.c., Rules of the Auditor General, requires, if appropriate, that we communicate the failure of a special district that is a component unit of a county, municipality, or special district, to provide the financial information necessary for proper reporting of the component unit within the audited financial statements of the county, municipality, or special district in accordance with Section 218.39(3)(b), Florida Statutes. In connection with our audit, we did not note any special district component units that failed to provide the necessary information for proper reporting in accordance with Section 218.39(3)(b), Florida Statutes. 243 Page 330 of 1165 Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, and the City Commission and applicable management of the City of Boynton Beach, Florida, and is not intended to be and should not be used by anyone other than these specified parties. West Palm Beach, Florida March 31, 2023 244 Page 331 of 1165 CUM ACCOUNTANTS ADVISORS INDEPENDENT ACCOUNTANTS' REPORT ON COMPLIANCE PURSUANT TO SECTION 218.415 FLORIDA STATUTES To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have examined the City of Boynton Beach, Florida (the "City") compliance with Section 218.415, Florida Statutes, Local Government Investment Policies for the fiscal year ended September 30, 2022. Management of the City is responsible for the City's compliance with the specified requirements. Our responsibility is to express an opinion on the City's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. Our examination does not provide a legal determination on the City's compliance with specified requirements. In our opinion, the City complied, in all material respects, with Section 218.415, Florida Statutes, as of and for the fiscal year ended September 30, 2022. This report is intended to describe our testing of compliance with Section 218.415, Florida Statutes, and is not suitable for any other purpose. West Palm Beach, Florida March 31, 2023 245 Marcum LLP "I'll' 525 Okeechobee Boulevard ,,ill, Suite 750 ,,ill, West Palm Beach, Florida 33401 ,,ill, Phone 561.653.7300 ,,ill, www.marcFageo,332 of 1 165 7he Reach ofBo .... _,,,,,,,,,,,,,,,.,,,,,„�,�,�,�,�,�,�,�,�,�,�,�,�..�. 1 )p 1bu h Foulewmd F0. Box3.10 961-742-63.10 (a 1) 742-63.16' BEFORE ME, the undersigned authority, personally appeared Mara Frederiksen, who being duly sworn, deposes and says oath that: • I am the Chief Financial Officer of the City of Boynton Beach which is a local governmental entity of the State of Florida. • The governing body of the City of Boynton Beach adopted Ordinance No. 10-025 and Ordinance No. 11-014 implementing impact fees for the City of Boynton Beach to receive and expend proceeds of the impact fees implemented by the City of Boynton Beach • The City of Boynton Beach has complied and, as of the date of this Affidavit remains in compliance with Section 163.31801, Florida Statutes. FURT EFl IT SETH NAUGHT 1, .......... _.......... .w Mara Frederiksen, Director of Financial Services STATE OF FLORIDA COUNTY OF PALM BEACH SWORN TO AND SUBSCRIBED before me this 31ST day of March 2023. NOTA �° PUBLIC n ,r Print Nar e Personally Known ,_ or produced identification My Commission Expires: _LILr,�Zir r mm,i �v at tigjr to the,, Gulfsffmm 4kl$'' V ys JESUS ”"I/�,,f� At .d j Banded cb'�.'•4 .�` jyPUBLtG�k,~4` I/11y111111Nt 246 Page 333 of 1165 Page 334 of 1165 "I'll BOYWOP1111 B"' Boynton Beach, FL 33435 Ryn�on-heach.m hah:c. CUM ACCOUNTANTS A ADVISORS March 31, 2023 To the Honorable Mayor, City Commission and City Manager City of Boynton Beach, Florida We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Boynton Beach, Florida (the "City") for the fiscal year ended September 30, 2022. We did not audit and report on the City of Boynton Beach Community Redevelopment Agency, a blended component unit of the City, and the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, which were audited by other auditors. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and OMB Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated November 21, 2022. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during fiscal year ended September 30, 2022, with the exception of the implementation of Government Accounting Standards Board ("GASB") Statement No. 87, Leases, GASB Statement No. 92, Omnibus 2020, GASB Statement No. 93, Replacement of Interbank Offered Rates and GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans. We noted no transactions entered into by City during the fiscal year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City's financial statements were: Marcum LLP 525 Okeechobee Boulevard Suite 750 West Palm Beach, Florida 33401 Phone 561.653.7300 www.marcn336 of 1165 City of Boynton Beach, Florida March 31, 2023 Page 2 Management's estimate of the net pension liability in accordance with GASB Statement No. 68, Accounting and Financial Reporting for Pensions, and the total Other Postemployment Benefits (OPEB) liability in accordance with GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, are based on actuarial methods and assumptions used by the actuaries for the development of the funding valuations as well as the accounting valuations. The key factors impacting the assumptions, such as change in market conditions, are subject to change on an annual basis and therefore can have a significant impact on this estimate. We evaluated the key factors and assumptions used to develop the estimates describe above, in determining that it is reasonable in relation to the financial statements taken as a whole. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the financial statements were: The disclosures related to City's other postemployment benefits (OPEB) Plan in Note 4-C to the financial statements, the disclosures related to the City's employee retirement plans in Note 4-D to the financial statements, and the disclosures related to commitments and contingencies in Note 4-B to the financial statements. The financial statement disclosures are neutral, consistent, and clear. Independence During the year ended September 30, 2022, we were engaged to provide nonaudit/nonattest services mainly related to the assistance of preparation of financial statements and related notes, and assistance with the preparation of the Data Collection Form as required by the Federal Single Audit Clearinghouse. We reviewed the nature of the requested work, our role and management's role and determined that our independence would not be impaired, in fact or appearance. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The uncorrected misstatements or the matters underlying them could potentially cause future period financial Page 337 of 1165 City of Boynton Beach, Florida March 31, 2023 Page 3 statements to be materially misstated, even though, in our judgment, such uncorrected misstatements are immaterial to the financial statements under audit. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 31, 2023. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to City's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to Management's Discussion and Analysis, the Pension Information Schedules and the Other Postemployment Benefits information, which are required supplementary information (RSI) that supplement the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Page 338 of 1165 City of Boynton Beach, Florida March 31, 2023 Page 4 We were engaged to report on combining and individual fund financial statements and the schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulation Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We were not engaged to report on the introduction section or statistical section, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Restriction on Use This information is intended solely for the information and use of Honorable Mayor, City Commission and management of City and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, "WA'ak'k / G P Marcum LLP Page 339 of 1165 City of Boynton Beach, Florida March 31, 2023 Page 5 City of Boynton Beach Attachment - Passed Audit Adjustment(s) 951-0000-170.10.00 Deferred Outflows FRS 951-0000-181.96.00 Amount to be Provided - FRS 951-0000-239.00.00 Deferred Inflows - FRS 951-0000-339.95.00 Net Pension Liability- FRS 951-2910-572.22.10X GASB 68 Pension Expense Adjustment FRS Total 110,579.00 424,856.00 85,199.00 427,295.00 22,941.00 535,435.00 535,435.00 Page 340 of 1165 M Requested Action by Commission: Presentation update on the Boynton Beach Internship Program. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Addein6,.jirn lirnterinslrnlip IProa irairn IPresentation Page 341 of 1165 LO 0 N C'7 CU 0) (II n LO O M C'7 CU iT (II n C`7 N O N ti (u C C6 M � N O O N 70 C6 N N cn �, O � Q C6 i LL Z O N O 0 N LO O O O to M OU _ M O 1..� Q O N 0 V000) (n 2 0N O 2) U TM U 7" -1­cu 0 m� LO O M C'7 CU iT (II n M U LO 0 Cf) a) 0) c10 n LO 0 LO ,'I - Cf) a) 0) (10 n U) O N N Y of O L0cu O_ N 06 M D U N CL O > N U W D ii ii 2 a- Z) 0 . LO 0 LO ,'I - Cf) a) 0) (10 n 3.J. Announcements, Community and Special Events and Presentations 4/18/2023 City of Boynton Beach Agenda Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Presentation update on the ARPA Small Business Grant Program. Explanation of Request: At the January 3, 2023 City Commission Meeting, the City Commission requested a 60 -day progress report on the ARPA Small Business Grant. How will this affect city programs or services? N/A Fiscal Impact: ARPA Funds were allocated in account #112-4411-551.49-17 for $350,000.00. Alternatives: Do not provide an update on the ARPA Small Business Grant Program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D Altac himeiri t D AftachIMEIMIL Description Business Giraint [::1irogiraiin [:::1irogiro ss Rely oi� ( N::U::1A Small IBkmsliireaMs Giraint 1::1nesentation Page 346 of 1165 ARPA Small Business Grant Program Total Program Funding $350,000 Grant Amounts Tier 1- $20,000 Tier 2 - $15,000 Tier 3 - $10,000 Grant Recipients Funded (as of 4/4/23) Business Name Business Address Business Type Grant Amount Received Copperpoint Brewing 151 Commerce Rd. Brewery/ $20,000 Company Manufacturer Boynton Beach Shell 111 E. Woolbright Rd. Convenience Store and $20,000 Gas Station Little Cub'z Learning 144 SE 27th Ave. Child Care Facility $20,000 Center LLC Best Health and Home 1210 S. Federal Hwy., Home Health Agency $15,000 Care Inc. STE 101 Leonaggeo Benefits Inc. 1375 Gateway Blvd. Insurance Sales $15,000 GPS Financial Group Inc. 1100 S. Federal Hwy., Bookkeeping/Payroll/T $15,000 STE 5 ax Planning Services Lavish Looks & More Inc. 2310 SE 2nd St., STE 3 Hair Salon $10,000 Good Clean Vapes 1015 W. Gateway Blvd., Retail Store — Smoking $20,000 STE 406 Cessation Products Total $135,400 Grant Application Approved (funds have not been disbursed yet) Business Name Business Address Business Type Grant Amount Received Suite 102 Salon and Spa 3960 Hypoluxo Rd., STE Hair Salon $20,000 102 Fred Astaire Dance 398 N. Congress Ave. Dance Studio $20,000 Studio STE 308 Planet Smoothie 363 N. Congress Ave. Smoothie Shop $20,000 STE 107 Page 347 of 1165 Hooks Family Affair Food Shack LLC 241 NE 16th Ave. Food Truck $10,000 La Sand Dry Cleaners 4776 N. Congress Ave. Dry Cleaners $20,000 Total $90,000 Total Program Funding Allocated $225,000 Total Program Funds Remaining $125,000 Page 348 of 1165 LO 0 rn ,'I - Cf) a) 0) c10 n I LO S 0 0 U') co @ D n � \ C) ¥ N / o / % k § § % o % / E ® 14'/ y 2 / k u \ D k F E 0 2 2 ) % % / 2 § ƒ ( °£ ®J CL E 0 . / » ) / 6 / q 9 2 ® E » @ \ 7 / ' O ® 2 D k U § ± e c c c ocr- § % £ /2 Cai \ 3 CO g _0 a 3 co § f § ® e § E 2 ± 0 t k @ / C c: / G « / ƒ a % & -2 \ Ln / y f 2 E \ 0 (A7 3 @ u§ ai g E r14 ƒ- 3 / (Ii ƒ k n > e LO J k / � k / § d . k � %' 2 k E 7\ _ / ° / ) 3 E 2 ƒ • / I $ \ ) § 2 k j / 2 7� y/ E .¢ E '» � Ln � Ln � V) � LnE c uco 2 2 \ k q \ \ k \ ƒ E o \ L ƒ 0 / q a) E \ c _ _ . . rj > \ / \ \ \ d k k co CO � ._� W a a w & & a I LO S 0 0 U') co @ D n � w CU C � O m O — O E Lo O (n M Q 6ey O Qo O 0) O O E O E E E Uo L U� c A Ln CD 0 m m 0) O � � C CD 0 Q L co � > O C O O CO _0 (D O O OO ti •O.Q) N � .E � C � N CV � o E � ' C_ U U � n co 0)cn 70 cr E — — C= co A A Q Q L A A A A A A Ln CD 0 m m 0) Ln CDC N C'7 cm (II L O V t�A •� E O O +� V W ^� W 4. E O O 0 :3 O oo E� , N +J VC or=. E • O O 4> > CY O Ln V 0 � W m O 4. O V 0 Ln CDC N C'7 cm (II 5.A. Administrative 4/18/2023 Requested Action by Commission: Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards. - Tabled from April 4, 2023 Explanation of Request: On March 31, 2022, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 353 of 1165 Type D Aftachll-Tlellll D Add(.,.)indiuirn DAftachirneint D Attrichirneint D Aftachiment D Attachimeint D Aftadhimeint D Attachirneint D Aftachimed. D Aftachll-Tieirnt D ALtadl-umeint D Aftachimeint D ALtachIlTlell'It Attachimeint Attachimeint Altachimeint Attachiment Attachiment Atta(.;hirnent D Attachirneint Mtadhimeirfl. ARachirnr..:.irfl. Attadhirm.:.lint ALtadl-umeint ALtadl-u,n(.,:9int Description Appointirne,int s, Il::R�aIppoliritiryieiriilc3 aind Applicants for 04 18 2 Tilton 1FRaaatclliOt, Ace Aid. Ad\isoiry Board Cobb, INaaornali Coirnrnuinily IE edewedlopirneint Ageincy A6Asory Board I Ilaairt.irmmairnin, Giregoiry Corniry'RAinity Ageincy A<Msoiry IBoaau d Moine s, Ellen Coirnimunity Re developirneint Board Agency A6Asoiry Board Mdlirflyire, INoelllle, C(.)irnllTRAll')H,y 1FRedevellanpirnmeird. (.,jency Ad\Asory IBoaau d Roundbree, I eslha ("loirnimunily Redevelo�pimeant Ageincy Ad\Asoiry Board Calixte Dieui\hl, Firairi(.'61SEa Edulcation & YOUth Ad\Asoiry IBo<ard Giacalone, IMclhnollaas Edu(:::afioin & Youth AbAsoiry Board �KaSE;:y MCC.IE.ff'doin,R....;iresa Eduication & YOUth Ad\Asoiry IBoaaird Valcouirt, ValerieIE: ducatioin & Youth Advisoily Board Jackson, IBirractlley I IllisLourlic 1lResoumirce s Pire,servation Board Rairniccio, Ph oirnas I lllistamurlia, Resouirc.es Flireselirvabloin IBoaaird Joines, Ellen I itarary Board Kartein, I indsay I ibirairy Board I evine, IMaaircliaa I itmrairy Board Tilton IC atcliff, Ace I birairy Board Belimonte, Vanes aa F::Ilanining & I..)evelopiment Joines, Ellen Plannim. & 1.)evEdlqj.)nleirlt Board FRouindliree, I estia F:Ilaininiing & Development [.3oaird Tuiiruno, IMeNlhmollaas F:`Iaininiing& Dew.dopimENI"It Board Beveirid( . fe, Sair,41'i FReciredJoin & Flairks Board Campbell, Geoff FRecireation & F"airks Mondello, Julie FRecireablon & Flarks Board FlaReir'son, IFraindo lcir(.,.)at!oin & Flairks Board Page 354 of 1165 Advisory Board Vacancies as of April 18, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin II Hay IV Kelley Regular 2 -year term Regular 2 -year term Alternate 1 -year term Applicants: Ace Tilton Ratcliff — Current Regular member seeking reappointment. Completed one term. Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term IV Kelley Regular 2 -year term Mayor Penserga Alternate 1 -year term Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Gregory Hartmann Ellen Jones Noelle McIntyre Lesha Roundtree Page 355 of 1165 Advisory Board Vacancies as of April 18, 2023 Education and Youth Advisory Board 2 -Year term Regular member 2 (2 year) terms 2 -year term Alternate/Student Member 2 (1 year) terms 2 -year term Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 1 -year term II Hay Alternate 2 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Mayor Vice Turkin Student 1 -year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicholas Giacalone Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Alternate 1 -year term Applicant: Bradley Jackson Thomas Ramiccio - Current Regular member seeking reappointment. Completed one term. Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin Regular 2 -Year term Regular 2 -year term Regular 2 -year term Alternate 1 -year term Alternate 1 -year term Applicants: Ellen Jones Lindsay Karten - Current Regular member seeking reappointment. Completed one term. Marcia Levine - Current Regular member seeking reappointment. Completed one term. Ace Tilton Ratcliff - Current Regular member seeking reappointment. Completed one term. Page 356 of 1165 Advisory Board Vacancies as of April 18, 2023 Planning & Development Board - Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Atlernate Applicants: Vanessa Belmonte Ellen Jones Lesha Roundtree Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin 2 -year term 2 -year term 1 -year term 2 -year term Regular 2 -year term Regular 2 -year term Regular 2 -year term Applicants: Sarah Beveridge Geoff Campbell — Current Alternate member seeking reappointment. Completed one term. Julie Mondello - Current Regular member seeking reappointment. Completed one term. Frando Patterson - Current Regular member seeking reappointment. Completed one term. Page 357 of 1165 Stanzioine,, Tammy From- ace <ior-eply(" )123fornilz)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To: City Gerk Subject: Advisory Board Appointment application Attachiments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff Phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCC Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City board in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? Page 358 of 1165 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -media artist, photographer, Qua:lificadorns and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber of the Art Advisory Board and believe that serving, another two years to complete my tenure will be useful for my personal growth and for the Board. Professional City of Boynton Beach Library Advisory Board, Member Memberships IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) extra, sheet or resume. Certification 1, 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. The mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 23,,03 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic Page 359 of 1165 m„�WI��� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice focused on in-home pet euthanasia and'! end -of -life care, Ace is a metalsmith who also works in fibers and watercolors. They're a Photographer who shoots digital and film. Ace is a sucker for the literal undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPfloe. MENCE & SWUS CEO, Stay Weird, Be Kind Studios I December, 20,11 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented by their agent, Stacia Decker, at Dunow, Carlson & Lerner Literary Agency. Their first book, "The Little Book of Dog Care: Expert Advice on Giving Your Dog Their Best Life" is forthcoming in j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras made a name for themself writing about living life as a disabled person in an inaccessible world, but has also had fiction published in places like Fireside Fiction, Phobos Magazine, and Glittership, Ace's voice as a disability activist has been featured ism ,rhe Economist, the Guardian, and Upworthy Videos, Ace has been a panelist at The Next Page Conference in partnership with Kickstarter, Worldcon `76, and the North American Scierice Fiction Convention 2,020, Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, and Andrew Gurza's Disability After Dark. As a sensitivity reader,, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow, plus publishing houses -such as Penguin Random House, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize Page 360 of 1165 Ace possesses a dedicated group of almost of amazing Twitter followers and makes nearly 2.5, million Impressions there on a monthly basis. Ace and their followers focus on community -care, raising thousands of dollars for places like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. Co -founder, Deathcare Advisor Harper's Promise, LLC I January, of - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, Harper — the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life, for chronically ill pets while providing dignity, comfort, and!, control through the final stages of incurable illness for those that are terminally ill. Ace and f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet I May, 2010 - August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast- paced event planning and production with extremely tight deadlines. She has superlative customer relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management, She flexibly worked between three office locations in addition to remote, after-hours telephone work. She provided necessary support to a tightly knit team when riot working independently. She conceptualized funerals for thousands of families from a mu ;titude of ethnic and cultural backgrounds after in-depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely demanding two-year embalming apprenticeship. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site standardized content across platforms, revised documents, and clarified instructions to make documentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for docurnent creation. She is willing and able to learn any new software or programs required. Sunfed, Inc. Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty,. They were in charge of all advertising and social media campaigns, including all written Page 361 of 1165 communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 Page 362 of 1165 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zwon e, Tanirvy Subject: FW: Advisory Board Appointryieint application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coni> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilicabion, =iw Name Phon e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL 33 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich CISI ity limits? Do you own/manage a busiiness within City limits? T1 29031��� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board Page 363 of 1165 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieefear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval front a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 111.01,0,0 ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ Page 364 of 1165 Stanzione, Tammy From: ogre harts en,or,eply(�i)123foirmbui�ldler,,com> Sent- Thursday, March 3,01, 2023 3:57 PM To: City Clerk Subject- Advisory Board Appointment application Today's date 03/30/2023 Name Gregory Hartmann Phone number 954-258-3236 Address 1083 SW 25 PL Boynton Beach FL 33426 United States Em,all gregliairts@'prtotiinai�.co�rii Current occupation or, if Motion Graphic Artist/Business, owner retired, prior occupation Education ConnECfiCUt School of Broadcastiing, Do you reside within the Yes Boynton Beach City llimits? ono your own/manage a buisi�ness Yes within City lini If "yes", naime of business: Modern Animal LLC Are you currently serving oin a Yes City board? Have you served on a City Yes board in the paist? If "yes"", whhich board(s) and Arts Advisory Board when? Have you ever bieein convicted No xif a crime? if appointed by the City C,omm,ilssilon to serve as Board Yes Chair, or Vice Chair are you willing to, serve in this capacity? Personal Quail Ifications; My qualifications to, be on the CRA advisory board are that of a srnalt business owner and engaged conistrtuenit who wants to bring their lousiness and life experience to the board. VI also serve the city on the Arts Advisory Board, I have volunteered and engaged I Page 365 of 1165 the local community over the years, & have the understanding needed to help move the CRA and city in a positive direction, Professional Memberships Defray Beach P,BA =- 1707mr. MM Ytt oir resumei, Certification 1, the applicant, hereby certify that the staternents, and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from, a, board. The message has, been sent from 9,35.29.1.59 (Unfted 5tates) at 2023 013.30 14:57.-08 on Safari 15kl Entry ID: 613 Referrer: hit s: g, iLonzbe, rL/ yL Forni Host:iLttRs.diorrrij.123fon ,mbuide -COD)5 3LIAbAy-qL�20 yjsorko oigtrTignL- i d6on, _ _ -- Page 366 of 1165 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x Page 368 of 1165 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' 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 MT-311M.w r w w -am 55 S:\CC\WPNBOARDS\Applica'ions' Adv�sory Board Applicabon 2023,doc M Page 369 of 1165 Page 370 of 1165 Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123form' ilder,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClark @bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !IRI �qy Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter Do you reside within the Boynton Beach Yes city limits? Do you own/m,anage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have you ser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I Page 371 of 1165 Page 372 of 1165 Have you ever been No aliff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML extra sheet or — resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, 1, understand that, if appointed, any false statements, may be cause for removal from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I Page 373 of 1165 Page 374 of 1165 AMMAR W IWO Page 875 0 1165 Page 376 of 1165 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft.Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N• o convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I Page 377 of 1165 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appoinited, any false staternents may be cause for removal frorn aboard. The message, has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0,0o.0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iiiL( p2din e t" L�L)!Lcatjon Page 378 of 1165 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application Page 379 of 1165 From: City Clerk Sent: Wednesday, March 08,2023 3:41 PM To: Stanzlone, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefrancoise <noreply@123fou,tnbuilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <City C1erk@bbfl.us> Subject: Advisory Board Appolntinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address EmailcalixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when Education& Youth Advisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and w hiere? Advisory Board Education and Youth Advs,ory Bloard Page 380 of 1165 If appointed by the City Personal Qualifications Palmer Beach Atiandc University Master's in organizational leadership Palm Beach State College Bachelor's in mann, ernent & Supervision Associated of Art in Health Sciences Graduated with an honor PaIrn Beach Maritirne Academy Secondary sol Coordinator) 2022 — Present City of Delray Beach (Finance UTB), 2019 -2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. Certification 1, 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 rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p Page 381 of 1165 Stainizionle, Tammy From: it Clerk Sent: 'Tuesday, February 21, 2023 8:23 AM To: Stanzione, I'arnmy; Die Jesus, Maylee Subject: FW: Advisory Board Appointment applliicaition Attachments: Nkola s.-Giacalone-Lo R.picif From: nicolasgiacalone <noreplly@123fori,nbuilldet,com> Sent: Saturday, February 18, 2023 1:28 PM To: City Clerk <CityCierk@bbfLUl5> Subject: Advisory Board Appointment appfication Today's date 02/18/2023 �Namie Nicoiias Giacalone Phone number 561-699-3466i Address 4170 Key Unie Blvd Boynton Beach FL 33436 United States Email 1]icolas. giacalora Current occupation or, if retired, Iprior Marco, Rubio for Senate occution Education College Student Are you a regi�stered voter? Yes Do you resiIUII de within the Boynton Beach Yes city, limits? Do you oiwni/manaige if "yes", name of business. Are you currently cerving on ai City No board? naive you servied on a City board in the No past? If "yes", which board(s) and when? Page 382 of 1165 If "'yes", when and where? Advisory Board Education and youth Advisory Board If appointed by the City Cornmission to serve as Board Chair Yes or Vice Chair are you willing to, serve in this capacity? Personal I am 19 years old and started my career in public service in middle school at Franklin Acaderny in Qualifications Boynton each, Florida, I served as a student council representative and won mern ber of the year, II went on to serve as President of the Jr. Class of 2022 and Chairman of FUndraising for the Student Government Association at Sornerset Academy Canyons High School in Boynton Beach, Florida, In 12th gracile, l was, elected to served as the President of Student Governi"nent Association, ^which I governed the middle -high school, II now am attending Lynn University, 11 know, the education system well, as I hived in it and have been around for it practically my whole life. Professional A committeeman at the Republican Executive Committee of Palm Beach County. Memberships Intern, and Palm Beach County Administrative Liaison for Marco Rubio's 2022Re-election Carnpaign, Feel free to attach/upload an d=29�6�lead 6�8c6bb,Olt��J.0134f7'7085e736352 extra sheet or resume. Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate,. I understand that, if appointed, any false staternents may be cause for removal froiru a, board. The nnessape has been sent from 9,9,210,19:8,,214 (Ur'Oted States), at 20,23- 18 13 27A2 on (Phone 16,2 Entry 11D: 592' Refenvrhnl;!iILWvvA,,LcMEitgn,-beacL]..o_rgZ Form Host: h tL 5 14 ad jg:L�zLrL­@p ohlLaltal- _g )Ljfirgtjj[on _p_ _ _ Page 383 of 1165 December V, 2022 I am pleased to have the opportunity to write a letter of recommendation on behalf of Wicol;;w Nicolas' declicvtion to kis acadernics and leaders'tivil will make him an M=jjjjMMMjjj= 11 E Nicolas has been alct�ively engaged in piolitics, interning with, my South Florida campaign tea As a Campaign Intern, Nicolas, hais taiken an act�ive role in engaging with Florida voters, whiile di�scus,sing issues that matter most to them. Nicolas has also demonstrated his commitment to his coimmuniity by having completed oiver 4,00 hopast four years. I I am proud that Nicolas' experience working with my campaign has inspiired him to further his leadership, and I have no doubt he will thrive alt his next opportunity, Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great aisset to you. Thank you for your th-ne ainid consideration in this matter. To discuss Nicolas' recommendation further please contact my Political Director, Matt Grucla, ait 305-613-6651. MOM Marco, Rubio United States Senator Page 384 of 1165 Stanzione, Taimmy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March o„ 70,73 12J3 PM To: City Oerk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clendoin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, prior occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� Are you currently No serving on a City board? Have you served on a No City board in the past? If "yes"', which board(s) and when? Have you ever been No, convicted of a crime? Page 385 of 1165 If "Yes", when; and where? Advisory f oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes and seeing the needs of the people firsthand, and hearing their COrnplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry, giving away clothing. Shoes and assisting, with: ministry finances. Professional Way of Life Family Worship Center Memberships Children Services Council StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl, .396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� cin g/ For nm Ho,sttit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t Page 386 of 1165 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 Page 387 of 1165 Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, Page 388 of 1165 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noathic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing Page 389 of 1165 Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 Page 390 of 1165 Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAc Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. Page 391 of 1165 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacIty? Personal Qualifications I have been, on the Education & Youth Advisory Board since 2020. 1 have served as, the chairperson the last 2 years. I am also an Assistant Principal for the School District of Palm Beach County. I have graduate degrees in Educational Leadership, Professional Memberships Feel free to attach/upload an extra sheet or resume., Certification 1, 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. The message has been sent from 127.01.01.1 (Netherlands) at 2023-03-01 12:08J6 on Chrome 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW f ry MLQn .LN'Ai-11, OrEj Form Host', ht s,,) j.I�Jf2Lr -12__ Lq!n_ _ru Page 392 of 1165 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Maylee Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClark @bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? Page 393 of 1165 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and where? 2014, Driving Under Influence If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architecture, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving therm from being erased through overdevelopment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Paim Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Paine Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil En&eers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt �s: forrru.;�forrrui�u�iMr corrin fug load did, Ir � resurne,, Certification, 1, 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. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, or sJL httjj m.123fouj rrnLr.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _dc 1_ _ Page 394 of 1165 Bradley Jackson #� I —5W -7-B, o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a mernber of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida State University (Leadership Boot Carnp, College of Business � octobel- 201,81 Florida Atlantic, University 4W Current.job E2=6enice Dir. of Marketing & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and rnarrage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL ntegf b radesi ui p a-!qj i e in ic, e, 0 Society of' Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20�2,2Current Alurnini serviing on Hohday Breakfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2o21.. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 2021, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Cornpass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local (poliitical carripaiigns Page 395 of 1165 Page 396 of 1165 Stanz�ilone, Tammy I From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM 'To: Stanzione, Tammy, De Jesuis, Maylee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 9:56 AM To: City Cle�rk <CityCl1erk@bbfJ.us> Subject ldvismtou Bityi Today's date 03/01/2023 Name Thorrias Ramiccio Phone number 561-386-7812 Address, 4065 Trovita blvd Boynton Beach Fla 33436 United States Email 1 Lra r U:iEd Li Q� �ao , Lc Li, Ll Current occupation or, if Mayor, charnber of cornmerce executive retired, prior oicculpation Education High schooll, some college Are you a regis,itered voter? Yes Do you reside within the Yes Boynton Beach City limilts? Do you owni/maniage a busines,s within City limits? 9 Are you IY currently serving on a Y City board? Have you served on a City Y board in the past? If "yes", which bioard(s) and H�ist�oric Preservation/ Planning Boa when? I Have you ever been convicted No of a: crime? If "yes", when arndl where? Advisory Board Historic Resources Preservation Board N Page 397 of 1165 If appointed by the City Commission to serve as Board Yes Chair or, Vice Chair are you willing to serve in this capacity? personal Qualifications See previous application Professional Memberships, Feel free to attach/upload an extra sheet or resuirne. Certification, 1, 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. The message has been, sent from 73,1,104.131 (United States) at 2023-03-0109:55:51 on Safari 15.6.1 Entry ID: 597 Referrer. Litt1j. �:L Eg/ Form Host: hitt.. 8mm AdvF,,oLy-bp,.Itdl:<�ppoii,iiil�niei,it:Aprl!icalj�,lLiI Page 398 of 1165 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-60' O Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x I f 1165 Page 400 of 1165 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' 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 MT-311M.w r w w -am 55 S:\CC\WPNBOARDS\Applica'ions' Adv�sory Board Applicabon 2023,doc M Page 401 of 1165 Page 402 of 1165 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0ty0lerk@bbf1,us> Subject: Advisory Board Appointment application Address 3386 CHURCHILL DR BOYNTON EACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been, convicted No of a crime? if "Yes"', when and where? ,Advisory Board Library Board If appointed by the City Yes Commission to serve as Board .1 Page 403 of 1165 Chair or Vice Chair are you willling to serve In this capacity? Personal Qualifications, Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for removal frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, Page 404 of 1165 '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorena blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if "yes,", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), Page 405 of 1165 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a services oriented, cornirnunity minded and involved resident of The City of Boynton Beach. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid readers, I not only love to read, but I (love the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience ­ Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking Groupe Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that they staternents and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for, removal froni a board, The niessage Ihas been sera frog 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host: .11 ... Ni de -1.1—L Page 406 of 1165 Boynton each, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or phone-in options, m uting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist Oirector of Operations/Curator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked together with Baptist/ Bethesda Soufll Ploidda's marketing group and with SFPf S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2'01 6_201 7 National Sales Account Executive (Outside and Inside Sales) N I was recruted to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Develop merit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for alp HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goaps, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/age ne rated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senlior. Advisory Board Member, Vice -Chair Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, 10o by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. Page 407 of 1165 Page 408 of 1165 From. are <n:oreply@1:123tor,iiibL,Iil,der",com> Sent: 11esday, IMarch 14, 2023 2:47 PM To: City, Gerk Subject: Advismy Board Appointment application Attachments: ATR-resurne-2023,pcif Today's, date 03/14/2023 Name Ace Till!ton Ratcfiff Phone number 561-376-3640 Address 142 SW 13th, Avenue Boynton Beach Fl. 33435, United States Email ace@staVweirdbekindcom Current occupation or,, if retired, prior Self-employed artist, photographer,, and writer occupation Education BA in, political science from UCF Are you a registered voter? Yes, Do you reside within, the Boynton I ach Yes City limits? Do olid owin/manage a business withiin, City Yes limits? If Oyes",, name of Harper's Promise, currently on hiatus business: Are, you currently serving on a City Yes board? Have you served on a City board in the Yes past? If "Yes", which 11 have served on the Art Advisory Board and the Library Board for one tenn each. board(s) and whien7 Have you ever been No convicted of a crime? If "yes"',, when and where? Advisory Board Llbrary Board Page 409 of 1165 If appointed by the, City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I arn almost a lifelong resident of Boynton Beach. Though I left for a period to live in, California, I Qualifications returned: to my hornetown to buy a house and create a life here. I have served in ryly capacity on the Library Board for one term and I am interested inanother, I! arn am author with rny first book forthcoming from Simon & Schuster. Also II LOVE our library!! Professional City of Boynton Beach Art Advisory Board, Member Membership City, of Boynton Beach Library Advisory Board, Member Feel'l free to attach/upload an ()Lmbui LderLoniZup Ll,.�.p-?f-.'iLc��d=6cldl630le328le7'4(�;2ld5,53a29ee7cc548 extra sheet or resume. Certification 11, the applicant, hereby certify that the statements, and answers provided herein are true and accurate. i understand that, if appointed, any false staten'ients may be cause for removal from, a board, The message has Ihernrr sent frorn185,203,218.28 (United States) at 2023-03-14 13A6�55 on Chrorne 10 9.0.0,0 Entry ID, 607 Referrer: httjL�'w A ,N�qyljjavg. a,Jl, Form HoW htt.j s boa d-appointryie t pj2LLg gr! J,I�UrLq�123fq�'nibuflde,c nj 21 - r ni -a LLqg Page 410 of 1165 Ace possesses a dedicated group of almost 20K amazing Witter followers and makes nearly 2-5, million impressions there on a monthly basis. Ace and their followers focus on connnunity .-care, raising thousands of dollars for places like local, abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. o- oun er, Deathcare Advisor Harper's Promise, LLC I January, 2018 ­ Present Harper"s Promise is an in-horne pet euthanasia, hospice and palliative care practice n ice devoted to helpig families throughout South Florida provide the best possible end of life experience, In 2017, Ace co-founded the practice with their partner, Dr, Derek Calhoun (a veterinarian), after the death of their chilwah ua, Harper ..— the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pets while providing dignity, cornfort, and control, through the final stages of incurable illness for those that are terminally ill. Ace and Derek keep Harper's Promise by helping provide pets a good death, which is an, integral part of a good life. Funeral Director, Embalmer, & Crematory Operator Parent-Soretisen Mortuary & Crernatoryl January,, 2014 - 1'Y 2015 Wilson & Kratzer Mortuaries I October2012 — January, 2014 Smith & Witter Funerail Home I January, 2012 — August, 2012 Boynton Memorial Chapel I May, 20110 - Augusto 20,10 Ace had direct responsibility for administrative arid organizational management in addition to fast -paced event planning and production with extremely tight deadlines. She has superlative custorner relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management. Sheflexibly worked between three office locations in addition to remote, after-hours teleptione work. She provided necessary support to a tightly Icnit team when not working independently. She conceptualized funerals, for thousands of families from a multitude of ethnic and cultural backgrounds after in. -depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely dernanding two-year ernbalming apprenticeship. Norninum, Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users - typically systern administrators. She standardized, content across platforms, revised docurnents, and clarified instructions, to make docurnentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for document creation. She is willing and able to learn any new software or programs required. Sunfed,, Inc' Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty. They were in charge of all advertising and social media campaigns, including all written Page 412 of 1165 communications released by the company. Ace implemented multiple high-level, marketing -oriented processes and procedures, with a strong focus, on social inedia maintenance across multiple major platforms. ACTWHOES & City of Boynton Beach Art Advisory Board, Member City of Boynton Reach Library Advisory Board, Member IAAI IPC Meniber EDIU(,,,/k Ir KN American River College, Sacramento, CA .- A.S., Furwral Services 2012 University of Central Florida,, Orlando, FL - BA, POHOW1 SC'ifflte 2010 Page 413 of 1165 Stanzionejaimmy Frorn: City Clerk Senit: Monday, January 23, 2023 7121 AM To: Starizione, Tarnmy Subj,ect: FW: A&ory Board Appointryient application Attachments, Vaiies,sa-IBeNi,nont-,Resume-copy.pdf From: vanessabelmonte <rioreply@123foriiibLlillder,cort'ii> Sent: Saturday, January 21,, 2023 :22 PM Toy: City clerk <GtyCIerk@bbfl.us> Subject: Advisory, Board App6sitment application Today's date 01/21/2023 Name Vanessa, Belimonte phone number 407-913-9563 Address 100 NE 6th Street Apt 6,017 Boynton each Florida 33435 United States Email v,airiessabeir-non,I@L2En2a�il,(�ori� xmmmm��� if retired, prior Marketing ConSWtaflt occuipation Education Bachelors Degree, University of Central Florida 2008 Are you a registered Yes voter? Do you reside within the �Boynton Beach Yes City limits? Do you own/maniaige a business within City No, I i TI -it's? if "yes",, name of business: Are you currently serving on a City No ho, w2 H�ave yoilu served on a No C4 board in the past? i Page 414 of 1165 Have ' you ever been, Yes convicted *,f a c:r' If "yes", when and 2004, misderneanor for possession, of niarijuana at a college party where? Advisory Board Pianning & Developirient Board If appointed by the City Cornimission to .serve as Board Chalr2LMI, Vice Chair are you, willing to serve in this capacity? I ersonal QualificationsI'mi passionate about the intersection of technology and culture, For the past 1.2 years I've helped cireatives, startLIPS, SM Es & entrepreneurs ideate and execute on their visions & projects through 1"narkefing, communications, events and business operations andl more recently in creative consulting & transformational coaching. I have 5 years of experience with digital transformation, and corrimunity building. My experience both working with small businesses building communities for start1ups makes rile a great candidate, for the Planning & Development Board, I have, innovative approaches yet and grounded in sustainable growth and thriving community, Professional Professional Memberships: Mernberships OperiExO Arnbassador Certified OpenExO Trainer, Advisor and Consultant Certified Internship, Mentor with Boston ExO Feel free to attach/upload an ext�raLittps.,LforrTi.123frriibuildgrcorriZ.ypj!2 f Certification, 1, the appficant, 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 removall from a board. The message has been, sent from 206.214.134.162 (United! States) at 2023-01-21 17:2130 on Chronie 107ffO,O Entry M� 584 Form Host; htIpL.11 .123fornibuilder,co nLf)L3�IALa(4,��s ry - 4j2Q2jO1MgnL-1pV I i c .. . .......... —i— _ _g_ _Lqg�2_ & Page 415 of 1165 Broad,based background with over 12 years' hands on experiolce in the areas of digitall rnarketing, brand develollillent, social rnedia, and online development. InsighlifuiJ and result -driven professional with a profound ability to conceptuahze, devellop and CIOCUte markefing ca ill paigns tlamt bURd strong and rner-norabte brands. dnnovative leader with, wide -ranging experience delivering resu Its by creating and linsfigatingsn"ategic and tactical 50iiAiOnS that advances productsawareiless; with a proven track record of work iiigc�'oss-funictdoriallytOeXOCLuto new Projects, direct MLilfi,Site Operations, in')prove, productivity and profitability, and ein1hiance the custoiner's experience, • Community Relations • Strategic Market Planning • Budget Managerneril • Project Managennerit • Event Managerrent 0, Chent Development 0 EXPERIENCE ...... .......... Branding Development Social Media Management Market & Cornipetitor Research • Commuinication &: Storytelling • Creative Team, I eaclership • Customer Engagement Optimization Ch,lef Creative Officer 20,110 .2022. Culture Climax -A Creative Agency Fooncied ("uhure Cliniox to helps smoflbushiosses growthrough branding development andcreative, morAefing, as improved brand awareness and helped cheints connect with potential custorners by developing creative communityoutreach canipaigns and advocated brand on r'nultiple social media c hannels • Cultivated community and connection withsponsored events • Inueased sales and custonwr engagen'ient for 30,-a chents by developing g[ owth strate&s and creating uptirnized social rnedia designs and content • Strean-ilincd all facets of operifloins, of ever)ts, marketing carnpaigns and Launch Of over 50 busiriesses • Ensured the s0'ategic vision of agencies and 40+ clients were in line with the brand development and content creation, indluding graphlic, desrgn, filhning, and photography Community Manager 2019-2020 OpenExO - Global Transformation Ecosystern & Marketplace * Increased efficiency by autornating community oribuarding process, einail marketing and sales fUnnels utiibzing HubSpot * Spearheaded engagernent campaigns, ordine partnerships, vMue generation and growth, strategies to heip build and inianage a 50001 mernbei comnumity * Coordinated ri,per 'sawn and virtual evflits on a weekly and monthly basis for 100+ people * Managed and led Oper'atjoln$ fC ',' live Certification programs, inchi&ig doveiop processes, research and inilAecent tools, strearinfine onboarding, manage logistics, content and CoIllaterall Marketing Director 20,17 - 20,19 ExO Works - Digital Transformation Consultancy, Pioneei,ed the innovation of creative marketing canipaigris, N andkig, and content creation that led to 24% im, rease in sales and boosted revenue generation ■ Oversaw marketing operations and optirnized KPIS for partnerships with Accenture and Hoit Business School Documented and supported outcomes of ExO innovation sprint for Fortune 500 Ccrnpank-,s Contributed to the ExponentiM Tr insforirnitioin book, and launched campaigns and events for hook promotion Oversaw, organiza d arld shaped company image by implementing processes dor corriparly, offerings, press and partnersllips Booking Manager 2015-2017 ExCr Speakers - Speakers Burreau for Digital Transformation, Speakers • Spearheaded con tracts, booking, marketing and traveI for high profile keynote speaker s and ulthors, • Coordinated contracts for 15-1 global speaking engagernents peir inionti"i • Managed client correspondence and trained and oversaw 2 eirnployees • Negotiated cw&acts fw spealking E�ngagernentq, increasing rev"'lue by 30% Page 416 of 1165 Page 417 of 1165 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-60' O Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x I f 1165 Page 419 of 1165 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' 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 MT-311M.w r w w -am 55 S:\CC\WPNBOARDS\Applica'ions' Adv�sory Board Applicabon 2023,doc M Page 420 of 1165 Page 421 of 1165 Stanzione, Tammy From: leshag-OU ncitreell <nloi,eply@123�fon'i-nl)uilder,coi-n> Sent: Wednesday, March 29,2023 2A2 PM To': City Clerk Subject- Advisory BoardAppointrnent appkation Today's, date 03/29/2023 Name Leshai Roundtree Phone n!uim,ber Address 805 NE 2nd Ct, Boynton Beach FL 33435 Netherlands Emall lesharoundltree,ll@lgtaill.co,ii-i Current occupation or, if Edcatoir retired, Ipriim r oc!cuipation Education Master Degree Do you reside within the Yes BoBeach City firnits? If "yes,"', name of business: L Enterpin'ses Are you currently serving on a No City board? Have you served on a: City Yes board in the past? If "yu s", which board(s) and Education Advis:o:ry Board wheu ni? Library Adviscry Community Relations Parks aind Recreation Have you ever been convicted No #4 a crime? if "yes,"', when and where?' If appointeid by the City Commission to serve as Board Chair or Vice Chair are you Planning & Development Board Page 422 of 1165 I W.M*T1qMM'W extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are trio e and' acclu rate. 11 Understand that, if appointed, any false state mints may be carse for removal from a board. The message has been sent frorn 127.0.0.1 (Nethedairids) at 2023,03-29 13,:42:11 on Chrome 11 .0.0,0 Entry ID: 61.1 ReferrerI .2 MI Form Host: !LqL)s1�1LoLrn.,123f ornibuflder.gm 3 32.j a _vjs_o[yLcqr_ :ApRL a ( au _ Page 423 of 1165 From: City Clerk S,en t Friday, March 03, 20,23 1213 PM To: Staern zione, Tammy; De JeSUIS, Haylee Subject: FW Advisory Board Appointment applicafion From: n,ick ”-tunno <riorply@123formn btjilder.coi> Sent!. Fridlay, March 3, 2023 11:45 AM To: it for <0tyClerk@bbfLu:s> Subject- Advisory Board Appoiritrnent application Today's clato /03/2023 Name Nicholas TUnno Phone number 561-862-7240 Address 4 Nottingharn PI Boynton Beach City limits? Bo,yntoin, Beach FL 33426 Do you olwin/imaniage, a business United States Email Li �k k Lu �o 6m "gyp" ga_c o 13 Current occu �pation or, if I Sales Manager revired, Prior occupation Education Bachelors Are you a registered voter? Y'e,s Do you residewithin, the Yes Boynton Beach City limits? Do you olwin/imaniage, a business within City limits? No if "yes", name of business - Are you clurrentl:y serving on a No City board? Have you served on a City No, board iin the past? If "Yes,", which board (s) and whein? Rave you ever been convictied No, of a crimie? if "yes", when, and where? Advisory Board Planning & Development Board Page 424 of 1165 If appointed by the City Commission to serve as Board yes Chair or Vice Chair are you willing to, serve in this capacity? personal Qualifications Hello. I have been a board member of SIARM PaIrn Beach County for many years working closely with businesses, and business professionals in OUr con'-irnunity. I'mi very passionate about serv'ing on boards that allow me to rnake an impact in my local cornniunity. I'ni seeking a new challenge and arn confident 1 can rnake a real impact in whatevier role t take, I also serve as a sales manager for a large insurance consulting firm. I nianage 13 offices and over 50 professionals. 1'rn a great coach and mentor in this capacity, professional Memberships SHRM Palm Beach County Board of Director, Surru'rier Search Norr Profit Junior Board mernber. Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are. true and accurate. 11 understand that, if appointed, any false statements may be cause for rernoval frorn a board, The message has been sent froini 731,106,23 (United States) at 2023-013 03 DA5:00 on Chronle 110,0,0.0 Entry 0: 602 Forni H�ost: htjps,:J oj,..jL23formbudder.cp[ji j 3L dvis'qMj�d j - o t , ent-:,4LJ0&—atLmr1 _ rn P Page 425 of 1165 From: City Clerk Sent: Thursday, February 23, 20,23 229 PM T o: Stan lone" Tammy; De Jesus, Maylee Subject: FM Advisory Board Appointment application From, beveridge,n,sarah<noreply@123fornibtiilder.corii> Sent: Thursday, February 23, 20, 23 2:44 PM To: City Clerk <CityClerk@bbfl1.us> Subject. Advisory Board Appointment application Today's date 02/23/2023 Name Sarah Beveridige Phone n,umiber Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 Ulnited States Email Current occupation or, If Stay at home mother, previously a teacher retired,, prior occupation Education Bachelors Do you reside witIII w hin the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? Are you currently serving on a No City board? Have you served on a City No board in the past? J0 i ic"Nioardis) and whien? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Recreation & Parks Board 0 Page 426 of 1165 Page 427 of 1165 If appointed by the City Commission to serve as Board, No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As, a another and a previous educator I feel I have a connection to what is needed in our community. Feel free to attach/lupilloadi an extra sheet or resume. Certification 1, 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, The messige has been sent from 73.2�04,57,247 (United States) at 20,23-02-23 M44:19 on Chrome 110.0,5481.83 Entry ID,: 595 Referrer bIAL)sJ:jAApyLi Lrjq:t PacL�LrE/ MLnj:�Pp Form Host: r4-g1mgLq ' -!j ation Page 428 of 1165 Page 429 of 1165 From: camgeoff <noreply@123fornibuild:ler.cory)> Sent: Tuesday, March 28, 2023 11:1 ' AM To,: City Clerk Subject: Advisory Board Appointment application Today's date 03/28/2023 Name Geoff Campbell Phone number 864-320-6712 Address 221 SE 5th Ave. Apt. B Boynton each Florida 33435 United States Email, camgeoff@gmaii,com Current occupation or, if Landscape Architect retired, prior occupation Education Bachelors Are you a registered voter? Yes Do you reside, within the Yes Boynton Beaich City limits? Do you own/mianage a business No within City limi�ts? If "Yes", name of business- KEITH Are you currently serving on a Yes City boa;rid? Have you served on a City Yes board 'in the past? if "'Yes", which board(s) and Recreation and Parks when? DZINEEMEMMM Advisory Board Recreation & Parks Boare if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you wil Ii ng to serve in thl s capacity? personal Qualifications Practicing landscape Architect well versed in site and park design,, maintenance and construction. Lifelong athlete, former Boynton Beach Tennis League participant, 0 Page 430 of 1165 I'll 11 11 1 1A extra sihieeit or resume., Certification 1, the applicant, hereby certify that the stat ernents and answers provided herein are true and accurate. I understand that, if a,pppint ed, any false stat ernents rnay be cause for removal from a board. The message has been sent from 64-152.141,146 (Unfted States) it 2023-03-28 10:11:39 on Chrome 111.0.0.0 Entry D 10 Refpirrer Form Host: hq —f gr LB� 2 L4 _p ��.j Aqvi jL(ja[d�,UL)qLinqnent- p,�C I —2 ory Page 431 of 1165 Stanzione, Tarnmy From: City Clerk Sent: Wednesday, March 01, 2023 2:05 PM To: Stanzione, Tarnmy, De Jesus, Mia lee Subject: FW: Advisory Board Appointment application Sent: Wedinesday, March 1, 2023 1:31 PM To: City Clerk <CityClerk@bbfLus> I SubAdvisory Board! Appointment application Today's date 03/011/2023 Name Julie Mondello Phone number 561-346-,9466 Address 122 Lancaster Road Boynton IBeach FL 33426 United States EmailLtLh-ern—oa-Le1(o-2yAL r-qpnn Current occupation or, If Technology Project Mianager retired, prior occupation Education, MBA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/mainage a business within, City limit's? if "yes", name of business, Are you currently serving on a Yes City board? Have you served) on a City Yes, board in the past? if "yes"', which board(s) and I have been serving on the Recreation and Parks, board for the last 10 years or so. when? Have you ever been convicted No Bmf a crime? if "yes,"', when and where? Advisory Board Recreation & Parks Board t. Page 432 of 1165 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have a daughter in high school and she ha grown up going to parks, park events and city of Boynton Beach event. Are parks are beautiful and important to childen's lives, important to everyone's lives especially since the pandemic, I am, currently the chair of I the board and I think all of or board members are doing a great job. Professional M" emberships Project Management Professional' (PMP) Six Sigma Green Belt Feel free to attach/upload an extra sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers, provided herein are true and: accurate. 11 understand that, if appointed, any false statements may be cause for rernoval from a board. The message has been sent from 73,46,25.173 (Un:ited States) at 2023,-03-01 13:31:06 on Chrome 108-01.0.0 Entry ID: 599 Deferrer Form Most: 3214 adv oard-a: p9intn L, p gj&� --m—(MAA Page 433 of 1165 Havei you serve on a City board ini thie 'Yes past? If "'Yes", whiich Youth and Education and Recreation and Parks Boards board(s) aind when? ull If "yes",'when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as BoardChair Yes or Vice Chia! r are you willing to serve ini thiis Capacity? Personal I am presently serving on this board ,Qualifications Professional Member of Kappa Alpha Psi Memberships Feel free to attach/uptoad an 11!.Vs: orm. 23forrnbuil co t�4�a 911 & 2�9,ta i� �a j.1---a.....--1..-1--M1e1 I �oa d _�J-Il�d, L �Oi&bfLZt5,L63 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand t�hait, if appointed, any failse staternents may be cause for removal from a board. The message has been sent from 131,91.7.200 (United States) at 2023-02-28 12:1034 on Chrome 110.0,0.0 Entry ID: 596 Referrer IIt Form Host:.h j1,2 j�gAjjgn ......... . ....... . ... . .... --gn— RP Page 434 of 1165 Stanizione, Tammy To: City Clerk Subject: RE: Advisory Board Appointment application From: City Clerk <CityClerk@bbfl�.us> Sent: Tuesday, February 28, 2023, 1218 PM To: Stanzione Tarnmt<Stanzion T'- bblif Sent: Tuesday, February 28i, 2023 12:11 PM To: City Clerk <Qy us> Today's date 02/28/2023 Name, Franido Patterson Phone number Address I I I I RWIVIII United States Current occupation or, if retired, prior Director of Testing and Certification occupation Education Master Degree Are your a registered Yes voter? Do you reside withiin, the Boynton Beach Yes City limits? Do you own/miainage a business within City No linnits? if "yes,', name of business: Are you currently serving on a City Yes boardl? Page 435 of 1165 Frando L,Pafterson Boynton Beach, Fl, 33,426 Objective: A visionary and proactive individual who is seeking a position where my skills, abilities, and experience will benefit tile organizations goals and objectives. Education: Golden Gate Un&ersitj, San Francisco, CA Master of Science Hunian Resources Educational emphasis Personnel Management ;lune 1991 TennevseeState Universitji Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education (.',onipleted 33, hour toward teaching certification Tennessee State Universil Y Bachelor of Business Admin Educational emphasis Marketing CCA F Associated Degree Nashville, TN May1983 Maxwell AFB Education and 'I"raining Management Work llistot%y: Florida Atlantic Universitj, Boca Raton, FL Director of Testing and Certification Dec 2007 to the Present Director of Testing Preparation Responsibilities - Department manager for all activities in the center which includes overseeing Budget, Revenue and Expenses, Additional responsibilities include employee relations (personnel policies, ernPloyment, hiring and staff development) and marketing of tile services offered by the departnient. Point of contact for all academic and professional test administration, record keeping and scheduling of pencil and paper tests, computer-based tests, and internet- based tests (national, state, local). Test center manager for PROMETRIC APTC, PEARSON VUE, PS] centers, Priniary manager for administer functions for the test Prep departnient. lZellresent the department or the university at various functions or committees, as needed. Page 436 of 1165 Tennessee State 0,tiversity Nashville, TN Testing Supervisor Jail 4993 to Nov 2007 Respons ibili ties - Supervised and administer cornputer-based and paper and pencil exams, These exams included GRE, MAT,CASTLEWORLD, CLEP, PSI, GED ACCLP PLACER, MCATand Praxis series test. Supervised and trained graduate assistants and contractual test proctors on administering test for the department. Advise university personnel, students, and the public on testing requirements. Military History: Air Force Reserve Marietta, (jA a 4"' Wing'Training Manager Jan 2013 to June 2015 45"' Aerospace Evacuation Squadron June 2015 to Jan 2017 Wing Training Manager/ Unit'Irraining Manager Responsibilities,- -Worked as the OPR for training programs for units serviced by the l'orce Support Squadron, In my capacity as a Wing Training Manager, I ensured programs were in place to inanage upgrade, qualification, in-ganison, and ancillary training, Irriplenient and manage training prograrris, policies, and procedures as directed by higher headquarter, Review and coordinate wing and unit -level training publications, supplements, and operating instructions, and provide reconimendations to the appropriate O"Rs, Tennessee Air National Guard Nashville, T N T'rai ni ng Manager 11, 8"' AES July 1 91 to Jan 2013 Resl.)onsihifities- Advise the Unit Commander oil all training issues Develops, delivers, and evaluates education and trairring progranis Apply instructional system development process for job standards Advise Air National Canard 4NO CFM oil training issues Advise niernbers of'school dates using'FEAM Award members skill level using Milpds Advise AN Readiness ("enter concerning training issues Super -User for tile AN Medical Communities for AFTR Senior Instructor faun tile Express Train Class (Class for newly appointed) f"l"M and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AI TR United State Air Force July1987 to July 1199 Computer Skills: MicrosofiWords, PowerPoint, Excel, Banner and Access Organization: Member ATP -NOTA ORP Standard workgroup Reference: Available on Request Page 437 of 1165 Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-046- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Holistic Executive Suites LLC. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from Holistic Executive Suites LLC located at 1501 Corporate Dr., Suite 100, Boynton Beach, FL 33435. Holistic Executive Suites offers wellness -centric executive suites designed for professionals such as therapists, private practitioners, nutritionists, estheticians, and medical outpatient providers. The applicant will utilize the grant funds for a development and distribution service to create: - a PR statement - sales funnel development for memberships - sales funnel development for virtual mail services with social media ads with sales funnel software subscription. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. Holistic Executive Suites LLC will receive $2,500 from those budgeted funds. Alternatives: Not approve the grant application or use of funds. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Page 438 of 1165 Grant Amount: $2,500 Attachments: Ty pe D Resolution D Agireemeint D C3iraint Application Description FResolubloin qppiro\AirngMairk(..41ing and [..Ilgital CoininectkAty Sirnall IBuslirness GiraintAgireeirneint \Mt[ -n IC IIdllistic Exe.ck.jitive SuH.es Graint Agireeirneint I IdlisticExecufive� SuitesI I C., Grant Application I idlisfic Execuitive Suites I I C Page 439 of 1165 1 RESOLUTIONNO. R23-046 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2500 FOR HOLISTIC EXECUTIVE SUITES LLC; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant 12 Program was created to provide eligible new and existing small businesses with a 13 reimbursable grant for expenses associated with marketing and/or developing an e- 14 commerce platform; and 15 WHEREAS, Holistic Executive Suites, located at 1501 Corporate Dr., Suite 100, 16 Boynton Beach, FL 33435, offers wellness -centric executive suites designed for 17 professionals such as therapists, private practitioners, nutritionists, estheticians, and 18 medical outpatient providers 19 WHEREAS, approval of this application will allow the City's Department of 20 Economic Development and Strategy to help local small businesses improve the quality 21 and effectiveness of their marketing to help reach a broader market. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption hereof. 27 Section 2. The City Commission approves and authorizes the City Manager to 28 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 29 Program funding in the amount of $2,500 for Holistic Executive Suites LLC, a copy of which 30 is attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Holistic Executive Suites) - Rese 440 of 1165 33 34 35 PASSED AND ADOPTED this 18th day of April, 2023. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA Mayor - Ty Penserga Vice Mayor- Thomas Turkin Commissioner - Angela Cruz Commissioner - Woodrow L. Hay Commissioner -Aimee Kelley VOTE /_19X•111 Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO F-11 • • A ICil0iI Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (Holistic Executive Suites) - Rese 441 of 1165 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Holistic Executive Suites LLC, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 Page 442 of 1165 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E Page 443 of 1165 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($ 2 500 VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 Page 444 of 1165 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance - S 1,000,000; umbrella - 51,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. {00306206.2 306-9001821}C:`Program Files(X86)ANeevia.Com\DocconverterproATemp'NVDC OAEE6562-AC48-430A-8055-5F649474F16C\Bo311ton Beach. 16786.1.Grant Agreement _(00306206-2xc4b6a).Docx Page 445 of 1165 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 446 of 1165 P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By:_ Print: Name: GRANTEE By: _ Print: Title: ATTEST: ATTEST: Maylee De Jesus, City Clerk Print Name: Title: APPROVED AS TO LEGAL FORM: Office of the City Attorney (CORPORATE SEAL) Page 447 of 1165 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at anytime if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. Page 448 of 1165 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: Page 449 of 1165 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 450 of 1165 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 451 of 1165 Pirogirainn Oveirvilew C 1 T Y 01 F 1AMBiL Clity of In- In Beadh Ir -til aind Mglitall Coin inectlivii-ty Simalill Busltiness Giraint Pirogirairn Oveirviiew IMarketiinig its your business' way of communicating, delivering, and exchanging information about your company to an audience.. It's your opportunity to create a nairrafive about your business that you can showcase to current and Ipoterntiall custorners.. With new mediums of communication, available Ipllatforms and economic shifts in consumer spending, the Ciity allso recognizes the importance of e-commerce for small businesses.. E-corrimerce allllows businesses to grow theiir customer base, generate new salles, and benefit from the shift in shopping online. Having the abiillity to process salles directly online builds your customer base by allowing youir business to reach new custorners.. IDuiring the pandemic, online businesses benefitted as it allowed them to stay connected with their custorners as their physicall location was slhut down.. The goal) of this grant is to Ihellp locM small busiinesses ir-reprove the qualliity and effectiveness of their marketing fo hellp reach a broader market. AvaiiIialblie IFuuinrdiiing The City's IMairketiing and IDiigiitall Connectivity Small IBu.usiiness Grant was created to support small businesses with marketing and/or developing an e-comirnerce component to their business. The City will provide eligible small businesses with a reiinnbursablle grant for expenses associated with marketing and/or the development of an e.-comirnerce platform for their business.. IEligiblle uses completed and/or paid for prior to City Commission grant aplprovM will not be eligible for reimbursement. The maximurn grant arnount its $2,500.. The grant is awarded on a first -qualified, first-served basils.. All applications are subject to Ciity Commission approval.. Submitting an application to the program its NOT a guarantee of funding. All applications are subject to funding availability. The Ciity of Boynton (Beach reserves the right to approve or deny any application and to deny payment at any time iif, in its sone and absolute discretion, it determines that the business will not advance the goalls and objectiives of the CiLy's IEEconomniic Development Division. Page 452 of 1165 Elligillbillity Il quireirneints Efligii1billifty Requirements • (Business must be (located within the Ciity of Boynton Beach city limits • (Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business.. Non-profit organizations are NOTeligible for funding through this program.. • IMust The properly licensed lby all necessary levels of government and professionM associations or agencies, including City of Boynton IBeaclh IBusiiness Tax IReceiipt (IBTIR).. ElHigillblie Uses The City must approve all eligible uses as indicated on the application. Eligible uses for grant funding Under this program include, (but are not limited to:: ­ Development of a rriarketing/sociM rnedia pllan ­ IDesign of marketing materials and content ­ Website design ­ Web prorriotiions (e..g.. Facebook ads) - IPriint and TV advertisements ­ SociM irnediia development and assistance ­ Marketing consulltants ­ Brand and (logo design ­ E. -commerce software and development ­ Any other uses Ciity staff or the Ciity Commission determine will support the goalls and obJectives of the City's Division of Econoirnic Development Ineligible uses include but are riot limited to:: ­ Sponsorship fees ­ Website hosting/rnaimenance fees ­ Staff salaries ­ Travel) and accommodations ­ Office costs including rent/lease payments *Eigible uses completed and/or paid for prior to grant approvM will not be eligible for reimbursement. Grant applicants may applly for one or irnore eligible use.. The City reserves the right to approve or deny any use, in iits sone and absolute discretion, iit determines does riot meet the intended goalls and objectives of this program.. Page 453 of 1165 Add-floinall IIin-forimation Required Docuirneintatiloin with Application The following documents must be submiitted with your application to The considered complete:: 1. W9 Form (included in thiis appllication package if needed) 2,. Copy of active Ciity of(Boynton Beach 1Business Tax Receipt 3. Written detailed description of your project and (budget estimates.. The project budget must provide a total) cost for the project.. 4. Vendor quotes for eligible uses Approval of Funding Request Once eligibility is verified and alj required docurnentation has been submitted, City staff WIJ review the applliication for cornpletion.. Once a complete application is confirmed, a Graint Agreement between the applicant and the Ciity wilJ be placed on the next available Ciity Comirnission agenda for approval).. The City Comirnission can approve or deniA any applicant and/or Grant Agreement at its sone discretion.. The City Commission meets on the first and third Tuesday of each mointh.. The schedule for City Comirnission IMeetings can be obtained at www..boynton.-beach..org.. The applHicaint vvilJ The notified of the date and tirne their application will be presented to the Ciity Commission. It is recommended that the grant applicant attend the Ciity Commission Meeting in order to answer any questions the Commission may have regarding their application. Ciity staff WIJ notiify the applicant of appirovM or denial.. Refirrilbuirsement Process This prograirn its designed as a reimbursement grant.. That is, a11 project costs rinust be paid for by the applicant prior to the City issuing grant fundiing.. Grant funds wilJ be reimbursed exclusively for approved eligible uses that have (been paid for after the applicant has received notification that their Grant Agreement has been approved by the City Commission. Any worlk/costs associiated with the project cornpleted prior to receiving Grant Agreement approval) ii ineligible for reimbursement.. If approved, the applicant WIJ have until) September 22, 2023 to submit for reirribursement.. The following docurnents are required to subunit'for reimburseirrient:: • Invoices, receipts or other acceptablle evidence of payrnent to vendors or consultants that Ihave been marked "paid iin fullll"; and/or • Cancelled checlk(s) showiing the front and back of the cancelled check for work that was completed as part of the project. • Other evidence of payment for work completed as part of the project.. *No cash payrnei1s wilJ be accepted as evidence in support of a request for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is -the responsibility of the applicant to READ AND UNDERSTAND all aspects or the grant 1program application and guidelines. NOTICETOTIHIRD PARTIES: The giraint application 1pirogirairin does inot create any iriiglhts -for airry pairtles, including Ipairtiies -that 1peirfoirirned work oin the 1piroject.. Noir shall Issuance olf a giraint iresullt In airry obligation oin -the 1pairt o -F the City of Boyin'toin Beach to any thilird Ipairty.The City iis inot requilired to veirii,fy that entities that have contracted with -the applicant have Ibeein paild iirn full, or that such entities have paid any subcontractors In full., Applicant's wainrainty thiat all Ibiilllls irellated to -the Project -for which the applicant iis directly ires 1po iris I ble iis suMicleint assuiraince -Ifoir the City to awaird giraint funding., Page 454 of 1165 BUSIHNIESS IIINIFOIIRIMATIIOIN Boyintoin Beach ('I Olistic Executive Suites ILLS lBusiiinessINairne* .................................................................................................................................................................................................................................................................................................................................................................. ............... Busiiiness ILegall (Marone, iif diffeireint thain albove Boyinton Beach Street Address lBusiiiness Address 1501 Corporate Dr. Address Line 2 Suite 100 City State / Province Region Boynton Beach Florida Postal / Zip Code Country 33463 USA lBusiiiness IMaiilliiing Street Address Addiress, iif diffferent frorn Iplhysiicall Address Line 2 Busliness Owiner[Flidincipall IMairne* Grant ApplHication Contact Person/TitIle F11hone Murnbeir* 099110JANOW, Ernaill * Welbsifte Own or Rent Comirneirciiall Property?* City Postal / Zip Code Medinn Jean and Roselline Joseph Roseline Joseph hello@holistices. corn https://wvvw. hollistires. corm ) Own :fit Rent State / Province / Region Country USA Page 455 of 1165 IM u irn The ir of 2 ErnpIloyees* Type of Busifiness * executive suites Descidiption of Your Our wellness -centric executive suites are designed for lBusiiiness* professionals such as therapists, private practitioners, nutritionists, estheticians, and rnedicall outpatient providers. We provide F)IFROJECT IDIESCIR1111F)TIOIN Marketifing/lE.- Please select all the eligible uses you are seeking grant reimbursement for Cornimerce ILlliigiilblle ) Development of a rriarketing/sociall media pllan Uses 'V) Design of marketing materials and content ) Website design 'V) Web promotions (e.g. IFarebook ads) Print and TV advertisements Sociall rnedia development and assistance Marketing consultants Brand and Ilogo design V) E-cornmerce software and development Equipment to support marketing efforts Other Project IDescriilptiion * Provide a detailed description of your marketing/e-commerce project. The f011OVi(ing marketing service would be hat be interested in: Development and distribution service for a IPR statement, sales funnell development for memberships and sales funnell development for viirtuall rnaill services with SOGiall media ads with sales funnell software subscription . Project limpact* Provide a detailed description of how this project will impact your business This project willl be supportive of Lis getting our business out there to the publlic. As a startup we are riot starling with a strong follllowing or costurner base and creating that has been a challenge. It is our hopes that by implementing a strong marketing pllan, we wiIIII be ablle to draw in more of a crowd and get client in [he door. Project'sTotall Cost* $ 5,250.00 Grant Arnouint Maximum amount is $2,500 Requested* 2500 Esthmated What is the estimated project completion date? CornplIetion Date* 4/28/2023 ADDITIONAL 11INII- 011RIMAT110IN Other Pirogirainns* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? 'e) Yes f I ) No Addiflionall Programs Please name and describe the additional program(s). Commerciall Property Improvement Forgivable ILoan Program .- we pllan on applying. Required IDoCu irrients Page 456 of 1165 PSIMM Bushness'Tax Reciept* Graint Agreerneint * Signature For a copy of a blank W-9 Form click this link. U I P I l 1 0 1 a I d I 2023 HES \/V.-9,pdf 445.08K3 Click here to download a blank W-9 Form, Copy of City of Boynton Beach Business Tax Receipt Upbad City of BB BTR. pdf 14.88MIB X Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. U I P I l 1 0 1 a I d I HIES_ Getting IHES out there--- Marketing Tasks 9.37KB budget.x1sx Vendor quote(s) for eligible uses U I P I l 1 0 1 a I d I VP Creative Consulting ... IHEs Marketing Quote,pdf 173.15K3 Please sign the attached Grant Agreement Up l 0 a d Grant Agreement, pdf 232.65K3 Click here for a copy of the Grant Agreernent, AppIlication IDate* 3/20/2023 In ES Page 457 of 1165 Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-047- Approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County to establish a Community Services Department satellite office to directly assist the residents of Boynton Beach. Explanation of Request: Palm Beach County's Community Services Department would like to establish a satellite office in Boynton Beach City Hall to directly assist residents with their COVI D -related assistance programs. These programs include rent, utilities, relocation assistance, and A/C unit replacement program. The satellite office would allow Palm Beach County staff to directly assist Boynton Beach residents with the application process including documentation requirements. The satellite office will consist of one conference room in the City Hall first floor lobby to meet one-on-one with clients and a cubicle within the Building Division for administrative tasks associated with the assistance programs. How will this affect city programs or services? These services will help compliment existing programs and services that provide assistance to the city's businesses and residents. Fiscal Impact: The City is only providing the space to Palm Beach County for a cost of $1.00 annually. Alternatives: Do not approve and authorize the City Manager to sign a commercial lease agreement with Palm Beach County. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 458 of 1165 Type D FRE,Gollutbill D Agireernemnt Description Re,sokilioin appirmAing I easeAgireeimeintwith Flalim Beaclh Couinly Coirnrna,xnRy Se,,irvic(as for Sak-allite office �P IB C I ease AgireerneirA Coirnimunity Services [)epairtme,int Page 459 of 1165 1 RESOLUTION R23-047 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A 5 COMMERCIAL LEASE AGREEMENT WITH PALM BEACH 6 COUNTY TO ESTABLISH A COMMUNITY SERVICES 7 DEPARTMENT SATELLITE OFFICE TO DIRECTLY ASSIST THE 8 RESIDENTS OF BOYNTON BEACH; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Palm Beach County's Community Services Department would like to 12 establish a satellite office in Boynton Beach City Hall to directly assist residents with their 13 COVID-related assistance programs; and 14 WHEREAS, the satellite office would allow Palm Beach County staff to directly assist 15 Boynton Beach residents with the application process including documentation requirements 16 for programs including rent, utilities, relocation assistance, and A/C unit replacement 17 programs; and 18 WHEREAS, the City Commission has determined that it is in the best interests of the 19 residents of the City to approve and authorize the Mayor to sign a commercial lease 20 agreement with Palm Beach County to establish a Community Services Department satellite 21 office to directly assist the residents of Boynton Beach. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby approves and authorizes the Mayor to 28 sign a commercial lease agreement with Palm Beach County to establish a Community 29 Services Department satellite office to directly assist the residents of Boynton Beach. A copy 30 of the Lease Agreement is attached hereto and incorporated herein by reference as Exhibit 31 "A". 32 Section 3. This Resolution shall become effective immediately upon passage. 33 34 S:ACA\RESO\Agreements\Approve Commercial Lease Agreement With PBC (Satellite) - Reso.Doex Page 460 of 1165 35 PASSED AND ADOPTED this 18th day of April, 2023. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Approve Commercial Lease Agreement With PBC (Satellite) - Reso.Doex Page 461 of 1165 LEASE AGREEMENT between CITY OF BOYNTON BEACH A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA (Landlord) and PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (County) `\p1Fcgov.org\Fll0ACommo1iVPRhMd'M\Leases-Agreements\ Pending Leases -Ag eementsVCity of Boynton Beach (onunmiiry Services [Payable]ACity of Boynton Beach and Community Svcs I IF rcappr-cd 3.9.23.docx Page 462 of 1165 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws for the State of Florida, hereinafter referred to as "Landlord" and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of Community Services Department, hereinafter referred to as "County". WITNESSETH: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, known as Boynton Beach City Hall located at 100 E. Ocean Avenue, Boynton Beach, Florida, as depicted on Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the Property is improved with a 107,661 square foot building (the "Building") and County desires to lease space within the Building for the purpose of establishing a Community Services Department satellite office; and WHEREAS, Landlord is willing to lease space within the Building to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Premises as hereinafter defined upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The premises subject to this Lease shall consist of a conference room and one cubicle, a total of two hundred twenty (220) gross square feet of space in the Building, as determined in accordance with BOMA building measurement standards, and depicted on Exhibit "B" attached hereto and by reference made a part hereof (the "Premises"). Section 1.02 Parking and Common Areas. The use and occupancy of the Premises by County shall include the right to use parking spaces on a first-come, first -serve basis, as well as the non-exclusive use of the building common areas (the "Common Areas"). Section 1.03 Length of Term and Effective Date. The term of this Lease shall commence when fully executed by all parties - (the "Effective Date"), and shall extend until February 28, 2028, (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall automatically be extended in successive periods of one (1) year each, under the same terms and conditions of this Lease. Notwithstanding anything in this Lease to the contrary, during the initial term of this lease or any extension of the Term of this Lease, the Landlord and the County shall have the right to cancel this Lease for any reason upon ninety (90) days prior written notice to the other. Page 2 of 12 Page 463 of 1165 ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One and No/100 Dollars ($1.00) ("Annual Rent") payable on February 1, 2023 and on each subsequent anniversary thereof. This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. Section 2.02 Payment. (a) Payment of Annual Rent will be made upon the receipt of an invoice from Landlord mailed to the Palm Beach County Finance Department at P.O. Box 4036, West Palm Beach, Florida 33402. County is a tax-exempt entity. No sales or use tax shall be included or charged with Annual Rent. Each invoice must be received at least fifteen (15) days but not more than thirty (30) days in advance of the date payment is due. Payment of Annual Rent will be mailed to Landlord at the address set forth in Section 16.04 of this Lease. ARTICLE IIT CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of a government office to provide direct client intake and other governmental services to the Boynton Beach community surrounding the Premises. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Building in order to conform therewith. Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to any Alterations shall vest in Landlord. Page 3 of 12 Page 464 of 1165 ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Alterations. County accepts Premises in its "AS IS" condition. The County shall not make any alterations, improvements, or additions to the Premises without prior written consent of the City of Boynton Beach. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall not be obligated or required to make any repairs or conduct any maintenance whatsoever to the Premises or Building. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage arising from any negligent or intentional act or omission of County. Section 5.02 Responsibility of Landlord. (a) Landlord shall maintain the Premises and all portions of the Building (interior and exterior) in good repair and tenable condition during the Term of this Lease, except in the case of damage arising from any act of negligence of County. if Landlord shall fail to promptly repair any item in the Premises required to be repaired by Landlord under this Lease within thirty (30) days of notice from County of the need for such repair, County may complete such repairs and Landlord shall reimburse County for all expenses incurred by County in doing so. (b) Landlord shall be responsible for all costs and expenses to ensure that the Premises adheres to the most current version of the American Society of Heating, Refrigeration and Air-conditioning Engineers' ("ASHRAE") Standards on ventilation for acceptable indoor air quality throughout the Term of this Lease. Should building sickness symptoms materialize subsequent to the Commencement Date, Landlord shall perform at its sole cost and expense necessary air quality and environmental testing of the heating, ventilation and air-conditioning ("HVAC") system servicing the Premises by a certified and licensed environmental company within thirty (30) days of the County's written notice of any adverse conditions, subject to the availability of such certified and licensed technicians. Landlord shall provide County with a copy of all such testing reports. If any such testing report reveals that the HVAC system fails to comply with the ASHRAE Standards and/or does not provide a healthy indoor air environment as required by applicable laws and regulations, Landlord shall remedy such non-compliance with due diligence at its sole cost and expense. If such non-compliance causes a portion or all of the Premises to be untenable, all Rent due and payable for the untenable area of the Premises shall abate until such portion of the Premises is brought into compliance. ARTICLE VI INDEMNIFICATION Each party shall be liable for its own actions and negligence and shall indemnify, defend and hold harmless the other party against any actions, claims or damages arising out of the indemnifying party's negligent, willful, or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida State Statutes, §768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful, or intentional acts or omissions. Page 4 of 12 Page 465 of 1165 ARTICLE VII INSURANCE Section 7.01 Liability Insurance. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida State Statutes, County acknowledges and represents that County is self- insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. Section 7.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents' or its employees' willful or negligent acts or omissions. ARTICLE VIII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S ALTERATIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this Lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials of like kind and quality or better. The rental due hereunder relating to the portion of the Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE IX UTILITIES AND SERVICES Landlord shall provide janitorial, water, sewer, waste disposal, electricity, and telephone utility service to the Premises, at Landlord's sole cost and expense. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. ARTICLE X ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease. ARTICLE XI DEFAULT Section 11.01 Default by County. The occurrence of any one or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or Page 5 of 12 Page 466 of 1165 observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 11.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days' notice specifying that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. ARTICLE XII ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE X111 ANNUAL BUDGETARY FUNDING/CANCELLATION This Lease and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon ninety (90) days prior written notice to Landlord, whereupon the parties shall be relieved of all further obligation hereunder. ARTICLE XIV QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. Page 6 of 12 Page 467 of 1165 ARTICLE XV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi -public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date of termination other than those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. ARTICLE XVI MISCELLANEOUS Section 16.01 Waiver The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 16.02 Public Entity Crimes. As provided in Florida State Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor its employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date of the Term of this Lease. This certification is required pursuant to Florida State Statutes 287.133 (3)(a). Section 16.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 16.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return -Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non -business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or Page 7 of 12 Page 468 of 1165 the notice designated by the postal authorities as non -deliverable, as the case may be. The parties hereby designate the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the Landlord at: City of Boynton Beach Economic Development Manager 100 E. Ocean Avenue Boynton Beach, Florida 33435 Telephone: 561-742-6014 Fax: 561-742-6011 (b) If to the County at: Property & Real Estate Management Division Attention: Director 2633 Vista Parkway West Palm Beach, Florida 33411-5605 Telephone: 561-233-0217 Fax: 561-233-0210 with a copy to: Palm Beach County Attorney's Office Attention: Real Estate 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 33401 Telephone: 561-355-2225 Fax: 561-355-4398 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 16.05 Broker's Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 16.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 16.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 16.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 16.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Page 8 of 12 Page 469 of 1165 Section 16.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 16.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 16.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 16.13 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit. Section 16.14 Non -Exclusivity of 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 or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 16.15 Non -Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information, be excluded from the benefits of, or be subjected to any form of discrimination under any activity conducted pursuant to this Lease. Section 16.16 Construction. No party shall be considered the author of this Lease since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Lease shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Lease and the same shall remain in full force and effect. Section 16.17 Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Lease by reference. Section 16.18 No Third Party Beneficiary. No provision of this Lease is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Lease, including but not limited to any citizens of Palm Beach County or employees of County or Landlord. Page 9 of 12 Page 470 of 1165 Section 16.19 Office of the Inspector General. Palm Beach County has established the Office of the Inspector General. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the parties or entities with which the County enters into agreements, their officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All parties or entities doing business with the County or receiving County funds shall fully cooperate with the Inspector General including granting the Inspector General access to records relating to the agreement and transaction. Section 16.20 Effective Date of Lease. This Lease is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 12 Page 471 of 1165 IN WITNESS WHEREOF, Landlord and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. ATTEST: LANDLORD: CITY OF BOYNTON BEACH, a municipal Corporation of the State of Florida By: By: City Clerk Mayor WITNESS: Witness Signature Print Witness Name Witness Signature Print Witness Name ATTEST: JOSEPH ABRUZZO CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Deputy Clerk Signed and delivered in the presence of: Witness Signature Print Witness Name Witness Signature Print Witness Name APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Page ll of 12 (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney COUNTY: PALM BEACH COUNTY, a political subdivision of the State of Florida Bv: Gregg K. Weiss, Mayor (SEAL) APPROVED AS TO TERMS AND CONDITIONS Bv: Department Director Page 472 of 1165 SCHEDULE OF EXHIBITS EXHIBIT "A" - PROPERTY EXHIBIT `B" - PREMISES Page 12 of 12 Page 473 of 1165 IMonI11.11dam PROPERTY 100 E Ocean Ave, Boynton Beach 1 08-43-45-28-48-006-0000 IV Page 1 of 1 Page 474 of 1165 EXHIBIT "B" PREMISES Community Services Area One (1) Conference Room: 92 SF Two (2) cubicles: 64 SF each Building Total: 107,661 SF Page I of 1 Page 475 of 1165 6.C. Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-048- Approve and authorize the City Manager to sign a hurricane commissary contract between The City of Boynton Beach and Catering Solutions, LLC to provide food for City employees working in the aftermath of a hurricane. Expenditures not to exceed $50,000. Explanation of Request: Contract Period - May 1, 2023 thru December 31, 2023 The commissary provides food for employees working in the aftermath of a hurricane in the event that restaurants and supermarkets are closed or without power. The last time these services were needed was during the 2005 hurricane season. Commission approved the contract last year on May 3, 2022. The contract allows for an extension. The City and vendor have agreed to extending the contract. How will this affect city programs or services? The purpose of this contract is to secure a source to provide food to employees in the event that they are called in to work in the aftermath of a hurricane. Fiscal Impact: Budgeted. Cost will be incurred based on number of meals provided with the price sheet attached. Alternatives: To not provide this service. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 476 of 1165 Type D ReSOILAJOIII DAdd(.,.)indiuirn D Addeinduiryi DAddeindurn Description FResolubloin elpproe AingI ILAII-11-icaill(�.,, C.oirnirnilssairy Contract Contract Meml Flirldling Page 477 of 1165 1 RESOLUTION NO. R23-048 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 6 HURRICANE COMMISSARY CONTRACT BETWEEN THE CITY OF 7 BOYNTON BEACH AND CATERING SOLUTIONS, LLC TO PROVIDE 8 FOOD FOR CITY EMPLOYEES WORKING IN THE AFTERMATH OF A 9 HURRICANE. EXPENDITURES NOT TO EXCEED $50,000.00; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the commissary provides food for employees working in the 14 aftermath of a hurricane in the event that restaurants and supermarkets are closed or 15 without power; and 16 WHEREAS, the contract signed last year on May 3, 2022 with Catering Solutions 17 does allow for an extension/renewal for this year as long as both parties agree on the 18 terms; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 20 to be in the best interests of the citizens and residents of the City of Boynton to approve 21 and authorize the City Manager to sign a hurricane commissary contract between The 22 City of Boynton Beach and Catering Solutions, LLC to provide food for City employees 23 working in the aftermath of a hurricane. Expenditures not to exceed $50,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Hurricane Commissary Contract between The City of Boynton Beach 31 and Catering Solutions LLC to provide food for city employees in the event of a hurricane S:ACA\RESO\Agreements\Huiricane Commissary Contract With Catering Solutions (2023) - Reso.Docx Page 478 of 1165 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 in an amount not to exceed $50,000.00. A copy of the contract is attached hereto and incorporated herein as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of April, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Huiricane Commissary Contract With Catering Solutions (2023) - Reso.Docx Page 479 of 1165 FOOD CATERING SERVICES AGREEMENT THIS FOOD CATERING SERVICES AGREEMENT ("Agreement"), made and entered into this day of , 2023, by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation of Florida, having the principal address of 100 East Ocean Ave, Boynton Beach, Florida 33435 ("City"), and CATERING SOLUTIONS LLC, having the principal business and corporate address of, 1714 S. Dixie Hwy, Lake Worth, FL. 33414. ("Vendor"). The Vendor and City may be collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to enter into this Agreement with Vendor in order to insure that City employees are provided with meals in the event a hurricane impacts the City of Boynton Beach; and WHEREAS, the City has determined that it can best provide services to its citizens and residents following a hurricane if it can insure its employees that they can receive meals on a daily basis; and WHEREAS, the Vendor desires to provide meals to the City employees pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein expressed, and of the faithful performance of all such covenants and agreements, the Parties agree as follows: 1.0 Catering Services. The Vendor agrees to provide food catering services to City employees, subject to the terms and conditions of this Agreement, following a hurricane that impacts the City. 2.0 Term. The Term of this Agreement shall be from May 1, 2023 until December 31, 2023. The term of Agreement may be extended by written amendment or agreement signed by both Parties. 3.0 Vendor's Obligations and Responsibilities. 3.1 Vendor shall provide the following services: 100439733.1 306-90018211 3. 1.1 Vendor shall provide meals to City employees pursuant to the schedule and pricing contained in Exhibit "A", which is attached hereto Page 480 of 1165 and incorporated herein by reference. 3.1.2 Employees coming off the night shift will be able to eat lunch during the breakfast sitting. 3.1.3 Vendor shall provide the City with telephone numbers for the Vendor's representatives so that the City may communicate with the Vendor prior to, during, and after the hurricane. 3.1.4 Vendor shall take all necessary steps to insure that a sufficient quantity of meals are promptly made available to the City employees once Vendor receives a request from the City to provide the meals pursuant to this Agreement. 3.1.5 Vendor must provide sufficient food to serve once it receives the request from the City. 4.0 City's Obligations and Responsibilities. 4.1 City of Boynton Beach shall have the following responsibilities and obligations pursuant to this Agreement: 100439733.1 306-9001821} 2 4. 1.1 To contact the vendor once a hurricane warning is issued, and the City determines that the food catering services will be necessary. 4.1.2 Once an "all clear" is issued, it will be the responsibility of the City to set up the tables and chairs in the area where the food catering services will be provided. 4.1.3 To notify the vendor the number of meals that will be needed for the first day. The City will continue to update the vendor on the quantity of meals needed each day. 4.1.4 Pay the Vendor based on the number of meals ordered by the City. 4.1.5 Provide the Vendor with the telephone numbers for the City's representatives and any alternate representatives. 4.1.6 Assign City employees to the designated location to provide assistance for set-up and clean up of the area where the food services will be provided. 4.1.7 If there is not power, the City will provide a backup 5550 generator. Page 481 of 1165 5.0. Indemnification. Vendor agrees to conduct its activities and the activities of its agents, employees, and subcontractors, so as not to endanger any person, and to indemnify and hold harmless the City, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising out of or in any way connected to the activity or inactivity of Vendor, its agents, employees, or subcontractors, and resulting or occurring from any negligent act, omission or error of Vendor, its agents, employees, or subcontractors, resulting in or relating to injuries to body, life, limb or property sustained as a result of activities associated with this Agreement, or arising out of the use of said premises by Vendor, its agents, employees, or subcontractors. City shall not be responsible for any property damage or bodily injury sustained by Vendor, its employees, agents, or subcontractors for any cause whatsoever, prior, during, or subsequent to the period of time during which this Agreement is in effect. 6.0. Insurance. Please see Exhibit `B", attached hereto and by this reference made a part hereof. 7.0. Compliance with Laws. Vendor shall comply with all laws of the United States, and of the State of Florida, all ordinances of the City of Boynton Beach, all rules and requirements of the Police, Fire Departments, or other municipal authorities of the City of Boynton Beach, and any other applicable local laws, ordinances and regulations and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the terms of this Agreement in violation of any such laws, ordinances, rules or requirements, and if the attention of said Vendor is called to any such violation on the part of the said Vendor, or any person employed by or admitted to the said premises by said Vendor, such Vendor will immediately desist from and correct the violation. 8.0. Non-discrimination. Vendor shall not discriminate in the delivery of services under this Agreement against any person because of race, creed, color, religion, sexual preference or national origin. 9.0. Non-exclusive Agreement. This Agreement is non-exclusive. 10.0. Independent Contractor. This Agreement shall not be construed as creating any joint employment or employer-employee relationship between Vendor and City. Vendor and City agree that Vendor is an independent contractor under this Agreement. Neither Vendor nor any employee of the Vendor shall be entitled to any benefits accorded city employees by virtue of the provision of services 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. 11.0. Termination of Agreement. 11.1 City may terminate this agreement by providing written notice to Vendor, at any time for any reason whatsoever, including convenience, discourteous actions or behavior towards patrons, poor quality vending or consumables, failure to cooperate 100439733.1 306-9001821} 3 Page 482 of 1165 with City staff, actions bringing discredit to the City, the Vendor being involved in an illegal activity, or a breach of any provision of this Agreement. 11.2 The cancellation or termination of this Agreement shall not relieve Vendor of any liabilities or obligations hereunder which shall have accrued prior to the effective date of cancellation or termination. 12.0. Assignment of Agreement; Amendment. Vendor shall not assign, transfer, or otherwise encumber this Agreement, or any part thereof, in any manner without the prior written consent of the City endorsed hereon. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13.0. Other Business. Vendor shall not undertake or participate in any business, exhibit or activity on the Event site other than herein specified. The activities described herein shall not be presented by any name or description other than that hereinabove designated, nor shall Vendor use any name other than that stated in this Agreement in the performance of its activities without the prior written consent of City. 14.0. Extent of Agreement. That all terms and conditions of this written Agreement shall be binding upon the Parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the Parties hereto, unless the same be in writing and mutually signed by the duly authorized agent or agents who execute this Agreement. 15.0. Waiver. Failure of the City to insist upon strict performance of any covenant or condition or this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the failure of such covenant, condition, or right, but the same shall remain in full force and effect. 16.0. Governing Law; Venue. This agreement shall be governed by the laws of the State of Florida with venue for purposes of any litigation lying in Palm Beach County, Florida. 17.0. 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 the 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 shall be enforced to the fullest extent permitted by law. 18.0 Public Records. The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: 100439733.1 306-9001821} 4 Page 483 of 1165 18.1 Keep and maintain public records required by the CITY to perform the service; 18.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 18.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, 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 18.4 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. 18.5 The failure of Vendor to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the City may terminate the Agreement. IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MAYLEE DE JESUS, CITY CLERK PO BOX 310, BOYNTON BEACH, FLORIDA, 33425 561-742-6061 DEJESUS (eBBFL.US 19.0 Scrutinized Companies. By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination 100439733.1 306-9001821} 5 Page 484 of 1165 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. 20.0 E -Verify. Vendor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 20.1 Definitions for this Section. 20. 1.1 "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. 20.1.2 "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. 20.1.3 "B -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. 20.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E - verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of - 20.2.1 f 100439733.1 306-9001821} 6 20.2.1 All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; 20.2.2 All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and Page 485 of 1165 20.2.3 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. SIGNATURE PAGE FOLLOWS 100439733.1 306-9001821} / Page 486 of 1165 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH ATTEST: Lo City Clerk Approved as to form: By: Office of the City Attorney City Manager Signed, Sealed, and delivered CATERING SOLUTIONS, LLC In the presence of (WITNESS): ATTEST: Secretary 100439733.1 306-90018211 8 By: Print Name: Title: (CORPORATE SEAL) Page 487 of 1165 EXHIBIT "A" 1. Menu • Please state your menu below. Please ensure the meals will be served as to not serve the same meal in consecutive days. The number of people served varies from 30 to 250 per meal per day. Continental Breakfast Cold Lunch Cold Dinner Everything Included Choice of One Choice of One Fresh Fruit Trays of Assorted Sandwiches Sandwich or Wrap w/Side & Chips Baked Muffins Trays of Assorted Wraps Grilled Chicken Caesar Salad Mini -Bagels Trays of Assorted Salad Tuna, Egg, Chicken Salad Danish Hot Dos Chef Salad Boxed Breakfast Boxed Lunch Boxed Dinner Choice of One Choice of One Choice of One Ham, Egg, Cheese Croissant Sandwich or Wrap w/Side & Chips Pulled Pork Sandwich Bacon, Egg, Cheese Bagel Grilled Chicken Caesar Salad Grilled Chicken Caesar Salad Western Omelet Sandwich Tuna, Egg, Chicken Salad Mediterranean Salad Greek Pasta Salad Chef Salad $2.95 Hot Breakfast Hot Lunch Hot Dinner Choice of One Choice of One Choice of One Danish, Muffin, Mini Bagels Meatloaf, Gravy, Potato, Peas Chicken Marsala w/ Pasta Served With Taco Bar, Rice, Corn Muffins Chicken Francais w/Potato Scrambled Eggs & Breakfast Potatoes Chicken Tetrazzini Ham & Vegetable w/Sweet Potato Bacon, Sausage, or Ham Hot Dos Pot Roast Pulled Pork Sandwiches Baked Ziti & Meatballs 2. Please state the pricing per meal. • Breakfast Hot Cold Boxed $8.95 $7.95 $7.95 • Lunch Hot Cold Boxed $10.95 $9.95 $9.95 • Dinner Hot Cold Boxed $12.95 $11.95 $11.95 • Beverages Bottled Water Milk (8oz) $2.00 $2.95 Sports Drink (16.9oz) Soda (12oz) Coffee Service $3.75 $2.50 $550.00 3. Hours: Breakfast lam to 9am; Lunch 12pm to 2pm; Dinner 6pm to 8pm and then IOpm to 12am. 100439733.1 306-90018211 9 Page 488 of 1165 Exhibit B IM1[.YIO14011410 1. It shall be the responsibility of Vendor to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this contract. 2. The Vendor shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for general liability; $1,000,000 for products completed operation aggregate; $1,000,000 personal and advertising injury; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). 3. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. 4. The Vendor shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits, which are delineated at $1,000,000 for each accident, the disease policy limit, disease each employee respectively. 5. The Vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance 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. Reference Insurance Advisory Form (Attachment A) for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. 100439733.1 306-90018211 10 Page 489 of 1165 Attachment A City of Boynton Beach Risk Management Department I kIRMAINDS WR oil 043 111118 0] 11,10 1 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 naay 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) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 100439733.1 306-90018211 11 MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost Page 490 of 1165 Cd G4 Cd N N rrz CO O N a 0 � .• o co a� a C 4J 41 :3 co U o o C O U U N . tm bA C� Cd U co W C� U t0 U41 x w c U cti X cc Ti C7 x Cd G4 Cd w rrz CO 4-1 w Cd o U C� zn .• o w p. aA an W � o C O U U � co A o U U o C� Cd U co W C� U i� A 00 a U x w c U cti X cc Ti C7 F Cd Cd G4 Cd w rrz CO 4-1 w Cd o U C� zn .• o w p. aA an W � o C O U U � co o cc 0 � 0 GC1 o O U CO =� o co Cd -14 ,E U � co x W U H H Ti C7 F Cd Cd G4 Cd w rrz CO 4-1 w Cd o U C� zn .• o w U aA an W � 0 rn Nt 0 c6 n A Z. O 0 U O U r. 0 O a bA 0 Q 0 io LO cc T 4- 0 N (6 0 V o a ,d ° o O C/1 bn b 75 m co U Q U cc LO cc T 4- 0 N (6 T wl Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-049- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 494 of 1165 Grant Amount: Attachments: Ty pe D Resdlufioir� D Exhibit Description FResolubloin qppiro\Airng inuisaince dbatc.,)rneint costs assessed E)dllblt A Page 495 of 1165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. R23-049 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property, and WHEREAS, the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 04182023 - Reso.docx Page 496 of 1165 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2023, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorney's fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of April, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 04182023 - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 497 of 1165 LO O 00 0) V LB 3 0') 6 00 o o co 0 Q0 co c {o 06 C") co LO r- 'IT It LO (Dm Lit Cll> CIG (11) V�l (IG V�> 0')m0) m 0)m qC? o 0 00 V 3 O 00 'IT M 00 O L° O 00 co lh co 0 co LX) V j E W H> GG E� Efl EA = Q c) V? 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Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-050- Approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach. Explanation of Request: The City of Boynton Beach signed an agreement with FDEP on September 22, 2022 for Eco Park to construct new accessible trails and amenities for the community. The initial project elements consisted of the site preparation and construction of an 8'x 6,311 L. F. (+/-10%) multi -use, hard -surface trail, an 8'x 250 L. F. (+/-10%) crushed rock nature trail, an ADA 10' to 13'x 875 S.F. (+/-10%) hard -surface sidewalk with connection to existing parking lot, restroom facility, one (1) 24'x 30' covered pavilion, and four (4) 16'x 16' covered pavilions with the purchase and installation of educational signage. To keep Eco park a passive, trail -based natural area with minimum disturbance and to reflect the community's vision for the park, the City added fencing to the site plan in order to prevent motorized vehicles from accessing the trails and made some Eco -friendly changes to the site amenities. The revised work plan consists of design, engineering, surveying, permitting, site preparation and construction of 10' x 3,500 L. F. (+/-10%) hard -surface trail, 5'x 5130 L.F. (+/- 10%) natural surface trail, and two (2) 20'x 30' covered pavilions, with the purchase and installation of safety lighting, perimeter fencing, access gates, landscaping, educational signage, trash receptacles, benches and bike racks. The change in the project elements were approved by FDEP and an amendment was drafted to revise the grant work plan and extend the agreement period. How will this affect city programs or services? Park patrons will benefit from new trails for biking, walking, jogging, and connecting with nature to escape the buoyancy of urban living. This amendment to the grant work plan will allow for the beneficial changes to the site and provides an extension to the project period. Fiscal Impact: With the removal of certain amenities, the grant work plan now includes design and engineering, and permitting costs and the changes to the scope of work to take place without impacting the funding awarded by FDEP. Alternatives: Not sign the amendment. Strategic Plan: Public Health and Safety Strategic Plan Application: Health and Wellness/ Access to green spaces. Page 499 of 1165 Climate Action Application: Is this a grant? Yes Grant Amount: $364,250 Attachments: Type Description D FRE�ISOILJdJ!0111 Resolution appro\�ing Airneindirnent No. 1 to Agreement with FUEF:1 for ECO lilairk D Arneindirnee nt Recreation Frails Giraint Airneindinient D Agreement Recreation Rails GiraintEm.,,cuted Agreernent Page 500 of 1165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTIONNO. R23-050 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO GRANT AGREEMENT NO. T2110 BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND THE CITY OF BOYNTON BEACH FOR THE BOYNTON BEACH ECO PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach signed an agreement with FDEP on September 22, 2022 for Eco Park to construct new accessible trails and amenities for the community; and WHEREAS, to keep Eco park a passive, trail -based natural area with minimum disturbance and to reflect the community's vision for the park, the City added fencing to the site plan in order to prevent motorized vehicles from accessing the trails and made some Eco - friendly changes to the site amenities; and WHEREAS, the change in the project elements were approved by FDEP and an amendment was drafted to revise the grant work plan and extend the agreement period; and WHEREAS, upon recommendation of staff, the City Commission finds it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of Environmental Protection (FDEP) and the City of Boynton Beach for the Boynton Beach Eco Park project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON 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 s:\CA\REso\Agreements\Grants\FDEP Grant Agreement (ECO Park) Amendment No I- Reso.Docx Page 501 of 1165 28 hereof. 29 Section 2. The City Commission approves and authorizes the City Manager to sign 30 Amendment No. 1 to Grant Agreement No. T2110 between the Florida Department of 31 Environmental Protection (FDEP) and the City of Boynton Beach for the Boynton Beach Eco 32 Park project, a copy of which is attached hereto and incorporated herein as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 18th day of April, 2023. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor — Ty Penserga 40 41 Vice Mayor — Thomas Turkin 42 43 Commissioner —Angela Cruz 44 45 Commissioner — Woodrow L. Hay 46 47 Commissioner —Aimee Kelley 48 49 VOTE 50 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC Ty Penserga 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 Michael D. Cirullo, Jr. 61 City Attorney S:\CA\RESO\Agreements\Grants\FDEP Grant Agreement (ECO Park) Amendment No 1- Reso.Docx Page 502 of 1165 AMENDMENT NO. 1 TO AGREEMENT NO. T2110 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF BOYNTON BEACH This Amendment to Agreement No. T2110 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach, FL 33435 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for site preparation and construction of an 8'x 6,311 L.F. (+/-10%) multi -use, hard -surface trail, an 8'x 250 L.F. (+/-10%) crushed rock nature trail, an ADA 10' to 13' x 875 S.F. (+/-10%) hard -surface sidewalk with connection to existing parking lot, restroom facility, one (1) 24' x 30' covered pavilion, and four (4) 16' x 16' covered pavilions with the purchase and installation of educational signage, effective October 24, 2022; and, 2025 WHEREAS, the parties wish to amend the Agreement as set forth herein to extend the grant period to October 23, NOW THEREFORE, the parties agree as follows: 1) The Agreement is extended for a one -calendar year period to begin October 24, 2024 and remain in effect until October 23, 2025. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 3) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. City of Boynton Beach Title Date Florida Department of Environmental Protection C Secretary or Designee Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tvpe Letter/Number Description Attachment 3-A Revised Grant Work Plan (3 pages) Agreement No.: T2110 Amendment No.: 1 1 of 1 Rev. 10/8/18 Page 503 of 1165 LO �0 V O m a) cm m 0- �2 � '� "O � cd O U y P•r � � � V y � ,�' 79 0 y81 O y Y ~ N to > W y �+, y � � � � � � y...�� ° E-� P••� eye p p ° .° bA ��� y N 7 E° O .. V . 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U Y L1, N O O bq CC ti o N U CG ,� �--i Q �--i N N Q R, •--+ U �"'' N Q N --- Ln O LO LO a) 0) m 0- Y cn CA ct Sr _ Y ,O -O nDO cz U. • U a' 6> Y N N =H cL CV4-4 U; o tInd c13 bi) El O Y H r ct •., U �, O p oc aJ i u Q ct •^ '� J •� U .N O O V In a. ,y c.. u � Lti 5 H o o sV v, bA a !El V Vto F -I Y Y ct Fy UVj V�.y CCr "'O .00j (]y • ^+ ' Q . 4 pr p�wriaE C� �.Q Cw w In ... W STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant A reement This Alvreement is entered into between the Parties named below„ ursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Boynton Beach ECO Park T2110 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) _ ....__ .. ............ ...._ .Ety_ T._www--www..__ Grantee Name: City of Boynton Beach ntiype' . . . A Local Government Grantee Address: 100 East Ocean Avenue, Boynton Beach, FL 33435 FEID: 59-6000282 'Grantee" 3. Agreement Begin Date: Date of Expiration: Upon Execution Two Years From Date of Execution 4. Project Number: T21010 Proj ect Location(s): wearaft-95 of ofr3ateway Blvd& Quantum Blvd. (If different from Agreement Number) Boynton Beach, FL 33425 Proj ect Description: Site preparation and construction of S' x 6,311 L.F. (+/-10%) multi -use, hard -surface troll, 8'x 250 L.F. (+/-10%) crushed rock nature tra0, ADA 10' to 13' : 875 S.F. (+/-10%) bard -surface sidewalk with connection to existing parking lot, restoom facility, one (1) 24' a 30' covered pavilion, and four (4) 16' x 16' covered pavilions with the purchase and installation of educational signage. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per $364,250.00 0 State OFederal RTP21 $; -------- Federal P1 Grantee Match �= Total Amount of Fundin +GranteeMatch, if an $728,500.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lauren Cruz Name: Kacy Young or successor or successor Address: 3900 Commonwealth Boulevard Address: P.O. Box 310 MS 585 - Boynton Beach, FL 33425 Tallahassee, FL 32399 Phone: 850-254-2681 Phone: 561-742-6236 Email: Lauren.Cruz@FloridaDEP.gov Email: YoungK@bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby DEP Agreement No. T2110 Rev. 6/20/18 Page 507 of 1165 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed belowwhicheveris later. City of Boynton Beach Grantee Name By 'PA ......... . _.- Signature) GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT By W-4- .... ..... . . . . - .......... Secretary o Print Name and Title of Person Si Tuliny 11 Additional signatures attached on separate page. DEP Agreement No. T2110 10/24/2022 Date Signed Rev. 6/20/18 Page 508 of 1165 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R22-136 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE GRANT AGREEMENT BETWEEN THE CITY OF ' BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE BOYNTON BEACH ECO PARK PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Florida department of Environmental Protection awarded the City of Boynton Beach a match grant of $364,250.00 through its Recreational Trails Program to 13 construct new accessible trails and amenities for the community, and 14 WHEREAS, the Eco Park site, currently undeveloped will remain a passive, trail -based 15 natural area with public access for walking, jogging, biking, and wheelchair use to provide 16 local and visiting nature enthusiasts a well -needed respite from the bustling urban 17 environment; and 18 WHEREAS, this project meets a strategic priority of the city and provides additional 19 safe and usable green spaces for the residents of Boynton Beach; and 20 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 21 interest of the citizens and residents of the City of Boynton Beach to approve and authorize 22 the Interim City Manager to sign the Grant Agreement between the City of Boynton Beach 23 and the State of Florida Department of Environmental protection for the Boynton Beach Eco 24 Park project. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27L9AA,,, The foregoing "Whereas" clauses are hereby ratified and confirmed as S:%CADRES(-)Apiec,nient-,"k(,Yrdnts\FDEP Grant Agreement (KO Park} Rese.Doex Page 509 of 1165 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the Interim City Manager 31 to sign the grant agreement between the City of Boynton Beach and the State of Florida 32 Department of Environmental protection for the Boynton Beach Eco Park project, a copy of 33 which is attached hereto and incorporated herein as Exhibit "A". 34eI3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 22nd day of September, 2022, 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor - Ty Penserga 41 42 Vice Mayor - Angela Cruz 43 .m 44 Commissioner -.Woodrow L. Hay 46 .. 46 Commissioner - Thomas Turkin 47 ". 48 Commissioner -- Aimee Kelley 49 50 VOTE m .. 51 52 ATTE$�'f"" ��...� 54 _o �.. 55 Mayleee J : s s, MPA, M 56 City Cier ° 57 58 59 {Corporate Sear" 60 t t 62 s ... Ty Penn ��.... ......... Mayor APP S 16" FSO s .p Michael D. Cirullo, Jr. City Attorney S:iC=A\[U SOlAgreementsl(imnistPUL?P Grant Agreement (FCO Park)— Reso.Doux Page 510 of 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 06/21/2022 Page 511 of 1165 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process, All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rpjec Deliverables, The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withho„l.din t Payat ent. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective ........... ..........ve Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 06/21/2022 Page 512 of 1165 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: b(tp .afvr e. Invoice Detail_. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim,,,,, Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual,,AprvprriatonContngency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: I.c.I.cs. j. Refund of Pa, ALLi ents to the Department,, Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this, Agreement is_funded with federal funds and the Department is rewired to refund uthe ,fed eraI government. the Grantee shall refund the Dem rartment its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wa eg_s. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhelad/IndirectJGeneraI and Admvustratiye Costs., If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) Attachment 1 3of12 Rev. 06/21/2022 Page 513 of 1165 shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs Subcontractors' . Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. DirectPurchaseEgp41rnent, For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Leaseo„ f, Equipment, Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. LandwAcauisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. Attachment 1 4of12 Rev. 06/21/2022 Page 514 of 1165 The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements s for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles., The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof „of„Insurance. , Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to MaintainCoverage, In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance„Trust.,,,,If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination_ for Convenience, When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had Attachment 1 5of12 Rev. 06/21/2022 Page 515 of 1165 been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations u4lon,Notice_of_Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation_ of Pre„Maid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition Services Upon-Terminatio _Ex�airation,,or Cancellation-of the At e,ement�. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department- may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and famishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. Attachment 1 6of12 Rev. 06/21/2022 Page 516 of 1165 The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 06/21/2022 Page 517 of 1165 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crone. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. I Discrunuiato Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust, Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 06/21/2022 Page 518 of 1165 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hviii.Wdo,s,ari;; i'i'da ,iii li ;°,'1:....atmgb,i es1r, �ord"s `g1ggg&g11Ntk�C 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. P,,,y ica�Access_and„Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9of12 Rev. 06/21/2022 Page 519 of 1165 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements, The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: Wv,:'Lav _fl, j ioR\A4 . d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, _.,,. Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No,,,,,,Commingling,,,,,of,,,,Fundsm,' The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 06/21/2022 Page 520 of 1165 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 06/21/2022 Page 521 of 1165 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 06/21/2022 Page 522 of 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. T2110 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Boynton Beach ECO Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on the Agreement Begin Date and ends on the Project Completion Date, as defined in Attachment 3. b. Extensions., There are two one-year extensions available to the Grantee, if requested in writing, for good cause, subject to the conditions in Rule 62S -2.075(7)(a), F.A.C. There are no other extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Coml,Lensation, This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the final delivereable(s). C. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category M M Salaries/Wages Overhead/IndirecVGeneral and Administrative Costs: M M a. Fringe Benefits, N/A. M M b. Indirect Costs, N/A. M M Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112; F.S. M M Equipment M M Rental/Lease of Equipment M M Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. a. Pursuant to Paragraph 62S -2.076(1)(b), F.A.C., all equipment purchased with RTP funds is to be used for trail maintenance and construction purposes on those trails indicated in the Project application. The equipment shall be stored and maintained per the manufacturer's recommendations. The equipment shall be available for inspection by Department staff. i. On July 1 of each year, the Grantee will submit proof of insurance for the current fiscal year, and an annual report indicating the previous year's operating and maintenance schedule. ii. All equipment whose value is in excess of $5,000 remains property of FIIWA and shall be surplused in accordance with their guidance. All equipment whose value has depreciated to less than $5,000 but greater than zero will be surplused in accordance with F.S. 274.05, Surplus Property. Should the equipment be lost Attachment 2 1 of 3 Rev. 5/20/2022 Page 523 of 1165 or stolen, it is the Grantee's responsibility to replace the equipment at its current value, as determined by the Department. b. The Grantee shall be responsible for maintaining compliance with all state and federal equipment requirements. i. The Grantee shall comply with all federal equipment requirements set forth in 2 CFR §200.313, including property management and reporting requirements pursuant to 2 CFR §200.313(d), and paragraph 5.13. of this Agreement. ii. The Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online i�fl;,i J/,c�u��m m�,u°IlrwRg.- �w ti outdoo rcerc tion flori a and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORI) system (ig r 1/fiq- :.� .r.:��py� pEg1�5/fligJ outdo r r r tion upv�q�ui;�an`, • iii. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $364,250 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made 3/11/2022 or after for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. All required matching funds shall meet the federal requirements established in 2 CFR § 200.306 and other federal statutory requirements, as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth in subsection 625-2.071(4)(b), F.A.C. Grantee acknowledges and agrees not to provide ineligible match sources which includes value of real property or inmate labor. 8. Insurance Requirements Require d,,,Coyerage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Com , rehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be $200,000 for each person and $300,000 per occurrence. b. Commercial Automobile Insurance. ..w._. ----- ________________......._w_...wwww__________.w....._._______....... If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers'.Qgm„ ensatiq The Grantee shall comply with the workers' compensation requirements of Chapter 440, F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. Attachment 2 2 of 3 Rev. 5/20/2022 Page 524 of 1165 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. a. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. b. The Grantee shall physically attach: (1) Attachment 8, Contract Provisions for Department of Transportation (DOT) Funded Agreements; (2) Attachment 9, Form FHWA-1273, Required Contract Provisions Federal -Aid Construction Contracts; (3) Exhibit F, Appendices A and E; (4) Exhibit G, 49 CFR §26.13; and (5) Exhibit H, FHWA Contractors & Recipients General Terms and Conditions for Assistance Awards to all subcontracts executed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2 3 of 3 Rev. 5/20/2022 Page 525 of 1165 cd tu Cdb GO b °al p cv inq Wlu po O Lqd d ° y O cd y ctl bw Ob w'DU cd E- O ° $�, P4 N Cid {p? DA a W w U •ti � . � � P� � � "� ,� a � ¢' y Q }p.� O Q U •�° o .° o ^� �' A � 'b � �' pi a" a' t7 ami g cd EL d °cts rA mi y pflo , 1O U ,�M..1 �3 OpPL, we A >, 00 Ou o o '� ....w_--._........... ...._._...� }. ° o aU rb � U O w G p 0 Q 0 a>i s� 3 y U y H ,.a App,, � �, c q � c •o `� � .0 .?•� � •� M � •to rn H ' O ami m .d A � �, � � '� a, '� � -,�� a a� •ti '" ami ,� `� � c a cd Q[p.� En A cd Z 04 > t0 s. w t� A o y as C O .n ' + U� b �. Q PQ q 'G a � q 0 r+ F 10 ° 42 P4 & _ ._................._.._ ._....... W WW N Q a C a C N W O N CnD U U O°A cv rNnC7 aUi civ ' ° ds...., 6s fin in sCQ. cn 3 w� q A. ce Cd cid U -0 0 43 IS0 ++ -- d cog 0 PO 0.0 wo O Cd v�o•�;•��� °�c.� '� ° �•a�•o•� �+ as o � � dw Page 526 of 1165 ....... o a ° Aq o Q,w A zA•5. 4-1Cd a U o`er m c �, o ,, .Q v q •�, � r.s '� ,� •�{ � v p t� s� O Cj o b 1 Y rl40++ " 9 .. a ani o w U°b w ay 0 q D Oo p a� p" b w o ami yed w 0 U3 V .: 0 10 0 O w° ' ao v ayi a 00+., cd 93^ •� N y ami O a N A N `" ° ^ °' on 'b x -d c� o W o 4 a°0)) Ua �Z04 E o. w°Cd r co o•° p r R U U y A O � W 'c�'.� 2 A � � N NSU eS O "2 —�+ 0n 00 U m °> F q wce o o�, oar w �'°°�'�o�o °•� o� CA c ��bQ'�x > w� w a� t, ani U q c ° . N U ° Q aUi " o U LL o o 0 o �.O y QI '5 C •� `f ^ .may+ y U x N > c O� app> C �3 ; •° p O O V00, A �-- E" N V] a O 4� 4� Qs N A N -- _................ _._.w... _. ........... .....................w..................._ ... _._.. ...., ®®.,.. Pag 527 of 1165 M w O M ao Pr Page 528 of 1165 C14 Cd v o Cd o 4 � � w CN ao.0 cOd'C � � � b OMA ' � � •� ..r uj •.. GA co y '� a3 � ,� .cs i� .� r: ° r'O P4 r. -o U>�A4� Q' a �Ov w Cc w —0 cd UO � 00 w 2 woo `" b to p -d c Q N N . ° o N �0�,.�o C7�� 0 0 61 a M Cd O y id u❑ w w N ASU o ear lz '� �,� � }p}�.•� r✓� P- Q A0Ou 3 Na 0 8 -o s8 048 O N N � �aOi ❑ a x o ai CA 7J � y ��� � Lei -103 W �i � c� ❑ ,�y y � N y N ❑ ❑ o�wa Awa A M w O M ao Pr Page 528 of 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(l), F. S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.07011 F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is'a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F. S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F. S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:Lhas, ..tvic p . Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 Page 529 of 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda. Lv Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/14/2020 Page 530 of 1165 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 21597(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located atwl,:p,/li�rc_Oafl�°.::,r for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at Yp,ll,ii /ova , 6 t k c nui �aW yr lu:u,iii7:wa (iuu, State of Florida's website at h.- 4r.,._ w_' . i ima r: m1, Department of Financial Services' Website at (iiW!.1! iiffs.-c ii�u/and the Auditor General's Website at .ilii /WW1W:rnyflprJda corn M/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS -DEP 55-215 revised 12/14/2020 Page 531 of 1165 Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at h :L�°mla sire n c„e,a sus / mill Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: 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 i:tW,//f1 a it0 r. oy) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 12/14/2020 Page 532 of 1165 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 6 BGS -DEP 55-215 revised 12/14/2020 Page 533 of 1165 i Page 534 of 1165 r Fa �0 00 �0 Q c v � F •� F � � abi O �' •y � y � •� ni � N '� U R: a' o Ci a O O w H � 5 Uz Uz 3 3 i cv a . � O � "L3 ti d' � � o U e U p � •� o"i � m o � o i. 'e i 121 I�i y 161 e I� .,...,.m...,..,«.,,««„«.« ........�. .. .._____..., �.... i Page 534 of 1165 E b`o 0 t3 0 R U 4 U p U �+ ti r V y d un F" w U c ' 0 U o 0 a.;. c a cc w 1;4 E tb is W5 OU qq cd6 uta id un d w �GO� s�.o a� U w O O � C m }U�ti cd o 0 � o .8 4 U w cn V N N 72 00 bo bo 99 u � .91 e� o � M L40 ry N Page 535 of 1165 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FOR THE RECREATIONAL TRAILS GRANT PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms and guidelines referenced in this Agreement may be found at pit,ip Wflor:m adq,aa i l� rru;6, �� r d r �fl a ..a u�u ...i';m. mtl a uin ui i M i or by contacting the Department's Grant Manager. 2. Notice to Proceed. Prior to commencement of Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, OGT -11. In addition to the Checklist items, the Grantee shall submit a copy of the executed subcontract to the Department. Upon satisfactory approval by the Department, the Department will issue written "Notice to Proceed" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the De artment issues the "Notice to Proceed". The Grantee shall commence Task 2 Performance within ninet 90 da s after the "Notice to Proceed" is issued by the Department, unless the Grantee requests an extension in writing for good cause, in accordance with the requirements of Rule 62S -2.075(7)(a), F.A.C. Until the Department issues the "Notice to Proceed," the Department is not obligated to reimburse Grantee for fees, costs or general expenses of any kind. 3. RTP Guidelines. i. This Agreement must be performed according to all applicable state and federal guidelines, including but not limited to, 23 U.S.C. § 206, Chapter 260, F.S., Chapter 62S-2, F.A.C., and the FHWA Recreational Trails Program Interim Guidance Manual (Manual). The Grantee acknowledges that receiving this grant does not guarantee that a federal, state, or local permit will. be issued for a particular activity to complete the Project. Further, the Grantee agrees to ensure that Grantee has obtained all necessary permits prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. ii. The Department will terminate this Project Agreement if the Commencement Documentation is not received and approved by the Department within twelve (12) months of this Project Agreement's execution. The Department may extend this time period for good cause, such as a natural disaster, pursuant to subparagraph 62S -2.075(7)(d)3, F.A.C. All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by USDOT at 2 CFR part 1201 4. The Grantee's compliance with the applicable provisions of Florida Department of Transportation's (FDOT) Project Development and Environmental Manual (PD&E Manual), hereby incorporated by reference constitutes compliance with National Environmental Policy Act (NEPA) standards as more fully implemented pursuant to subsection 62S-2.074(1), F.A.C. The Department will terminate the Project Agreement if FHWA does not approve the required NEPA documentation. 5. The following hereby replaces paragraph 8.d, Attachment 1, Standard Terms and Conditions: . Reimbursement sement for Costs. Project costs will be reimbursed as provided in paragraph 62S -2.075(3)(a), F.A.C. and in the Project Agreement. The Grantee must incur costs between the effective date of, and the Project Completion Date identified in, the Project Agreement, except for Pre -agreement expenses. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which canbe accessed at the following web address: http�u!/`/Nw. y9d�w �dae co p/ a-i�f_�� a :m�u� q ��r llli, �i is u..Lliti . However, unless the Department issues the "Notice to Proceed," the Department is not obligated to reimburse Grantee for fees, costs or general expenses of any kind. Attachment 6 1 of 4 Rev. 8/11/22 Page 536 of 1165 i. Pre -agreement Expenses means expenses incurred by a Grantee for an eligible RTP project after authorization by Federal Highway Administration (FHWA) but before full execution of the Agreement. RTP funds remaining after termination of a grant award or completion of Project will revert to the State's program funds under the provisions of the federal Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law) and subsection 625-2.075(6), F.A.C. All funds not paid out after four (4) years will revert to FHWA pursuant to paragraph 62S -2.075(7)(a), F.A.C. The Grantee will be entitled to reimbursement of eligible Pre -agreement Expenses for expenses incurred after the Department provides notice of Project approval and before the effective date of this Agreement. 6. The following hereby replaces paragraph 81, Attachment 1, Standard Terms and Conditions: h. Annual,„Appropriation„C9ntingenq. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature & the FHWA. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature & the FHWA reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of RTP Program Funds. 7. The following hereby adds to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Pr9ject Costs,. The Department will reimburse Project costs pursuant to paragraph 62S -3.075(3)(a), F.A.C., and as provided herein. The Grantee must incur all reimbursable Project costs between the Agreement Effective Date and the Project Completion Date. If the total cost of the Project exceeds the grant amount and the required match, the Grantee must pay the excess cost. 1. CostLimits. Pursuant to paragraph 62S -2.075(3)(b), F.A.C., project planning expenses, such as application preparation, , architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. These costs must be incurred between the Agreement Begin Date and the Project Completion Date. i. Applicants may seek reimbursement for costs related to the required approval under the National Environmental Policy Act ("NEPA"). These expenses are considered planning expenses, and are included in the 15% of total Project cost limit set forth in Rule 62S -2.075(3)(b), F.A.C. All eligible planning expenses related to NEPA approval must be incurred within 180 days of the Effective Date of the Agreement. 8. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. i. The Grantee must utilize Exhibit A, Project Status Report, DRP -109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates, and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager will have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. ii. Additionally, the Grantee must comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online.1,rr:/ltrpru.rr,o/:ffarur.�r,u�r.... outdoor recication 41ofida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORI) system Q1gp&fl2r; rdU,s,,pv/pLr1° /f1orWa ou!d9pr-�rrr a1io a;�nrc ptow ') 9. Site Dedication. i. The Grantee agrees to dedicate for ninety-nine (99) years the Project Site and all land within the Project boundaries, which is developed or acquired with RTP Program Funds, as an outdoor recreational area for the use and benefit of the general public in accordance with Rule 62S-2.076, F.A.C. Land under control other than by ownership of the Grantee (e.g., by lease) must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after Project Completion Date; and must include safeguards to ensure the use requirement enabling the Grantee to dedicate the land for the twenty-five (25) year period. Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the Project Site in the event of default by the lessee (Grantee) or termination or expiration of Attachment 6 2 of 4 Rev. 8/11/22 Page 537 of 1165 the lease. The dedication must be recorded in the county's public property records by the Grantee, or in the case of a nonprofit Grantee, by the land owner. Execution of this Agreement by the Department constitutes an acceptance of a Project Site dedication on behalf of the general public of the State of Florida. The Project Site(s) must be open at reasonable times and must be managed in a safe and attractive manner. The Grantee must obtain Department approval prior to any development of facilities on the Project Site. This Agreement is not transferable. ii. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 10. Management of Project Site. i. Site Insaections. Grantees must ensure by site inspections that facilities on the Project Site are being operated and maintained for public outdoor recreational purposes for a period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project Site must be open at reasonable times and managed in a safe and attractive manner. ii. Non-Comliance. The Department will terminate an Agreement and demand return of the program funds (including interest) if a Grantee fails to comply with the terms stated in the Agreement. If the Grantee fails to comply with the Agreement, the Department will declare the Grantee ineligible for further participation in RTP until such time as the Grantee comes into compliance. iii. Public_Accessibility. All facilities must be accessible to the public on a non-exclusive basis without regard to age, gender, race, religion, residence, or ability level. iv. Entrance Fees. Grantees may charge user fees for the Project Site, as described in the Manual. Reasonable differences in entrance fees for RTP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. 11. Procurement Requirements for Grantee. The Grantee must secure all goods and services for accomplishment of this Project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance Manual. 12. Project Completion Certification. Project completion means the Project is open and available for use by the public. To certify completion, the Grantee will submit to the Department the Project Completion Certification, OGT -14, available online and incorporated herein by reference. The Project must be designated complete prior to release of final reimbursement. 13. Good Cause Extensions. The Department staff will only extend this Agreement for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond Grantee's control. 14. Signage. The Grantee must erect a permanent information sign on the Project site which credits funding or a portion thereof, to the Florida Department of Environmental Protection and the Recreational Trails Program. The sign must be made of appropriate materials, which will be durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. 15. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee materially fails to comply with the terms stated in this Agreement or with any provisions of Chapter 62S-2, F.A.C., the Department shall terminate this Agreement and demand return of the program funds (including interest) and any equipment purchased with grant funds that has not been properly disposed of in accordance with the federal property management requirements set forth in 2 CFR Part 200, Subpart D (§§ 200.310 through 200.316). Furthermore, the Department shall declare the Attachment 6 3 of 4 Rev. 8/11/22 Page 538 of 1165 Grantee ineligible for further participation in RTP until such time as compliance has been obtained pursuant to subsection 62S-2.076(4). 16. Conversion. This Project Site acquired and/or developed with RTP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62S-2.076(1) and (2), F.A.C., convert all or part of the Project Site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project Site at its own expense with an acceptable project of comparable, scope, and quality. 17. Monitoring. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation (FDOT) and FHWA. The Grantee also grants the FDOT and FHWA the same monitoring rights it has agreed to provide the Department. 18. Compliance with FDOT Disadvantaged Business Enterprise (DBE) Program. The Department and the Grantee adhere to FDOT's DBE program on all FHWA-assisted contracts in accordance with 49 CPR Part 26.21 and the FDOT DBE Program Plan. DBE participation on FHWA-assisted contracts in Florida must be achieved through race -neutral methods. `Race neutral' means that the DEP can likely achieve the overall state DBE goal of 10.65% through ordinary procurement methods. Therefore, no specific DBE contract goal may be applied to this project. Nevertheless, the Department is committed to supporting the identification and use of DBEs and other small businesses and encourages all reasonable efforts to do so. Furthermore, the Transportation Planning Organization recommends the use of certified DBE's listed in the Florida Unified Certification Program (UCP) DBE Directory, who by reason of their certification are ready, willing, and able to provide and assist with the services identified in the scope of work. Assistance with locating DBEs and other special services are available at no cost through FDOT's Equal Opportunity Office DBE Supportive Services suppliers. More information is available by visiting hqI)://www,Fd oft gq q, Igpp ouvn „.€ trm a m4 or w @m�� � .... l .maru n 850-414-4750. Attachment 6 4 of 4 Rev. 8/11/22 Page 539 of 1165 ATTACHMENT 8 Contract Provisions for Department of Transportation (DOT) Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 RE IMEMENTS 1. Administrative, Contractual, and_Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. A. Temporarily withhold payments pending correction of the deficiency by the Recipient. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Contract. D. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the defmition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which Attachment 8 1 of 5 Rev. 9/29/2021 Page 540 of 1165 an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract„Work Hours and SafM, Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic Attachment 8 2of5 Rev. 9/29/2021 Page 541 of 1165 must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agee en! If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non - Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671q. the Federal Water_ Pollution Control Act ''33 U.S.,C 1251„- 1387and EPA Regulations If the Agreement is in excess of $100,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-767lq) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and by the EPA (40 CFR Part 15). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. _Debarment and SuspensionwiExecutive,Orders 12549 and 12689,E The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension.” 2 9. Byyd Anti-LobbyingAmpndment i31,........U._..............,....1......5... The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award, using form SF -LLL, available at: 1-4ps--H��s�.:.3�um/i/i�rY°-.„/s�uo;�I i i.,l1, 2 P-VL2wRg 10. Procurement of Recovered Materials -________...�................................................................................................_.................. , The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. 11. Prohibition on Certain'Telecommunications and Video, Surveillance Services or Egni11 ent The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 GFR 200.216 and 200.471. 12. Domestic Preferences for Procurement The Recipients ...._....._._._.____._...__._......_. ...................v__ p' and subrecipients must to the greatest extent practical give preference to the purchase, acquisition, or use of goods, products, or materials produced in the United States in accordance with 2 CFR 200.322. ADMINISTRATIVE 1. General Federal, Reggt40ons Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31, and 40 U.S.C. 1101 etsequence. 2. Rights to Patents andInventions Made Under a Contract or Aim gement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 3. Comliance with the _Trafficlann Victims Protection of 2000,12 CFR P .. Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: A. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; Attachment 8 3 of 5 Rev. 9/29/2021 Page 542 of 1165 B. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 4. Whistleblower Protection ............... Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph C in any subawards and contracts awarded prior to the effective date of this provision. 5. Notification.of narion (2 CFR § 200 340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB)-designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 6. AdditionalLobbyin&Requirements A. The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. C. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 1. Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING RE " UIREMENTS 1. FFATA Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www,USAS e i iip rjoy. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF TRANSPORTATION-SPECIFIC Attachment 8 4of5 Rev. 9/29/2021 Page 543 of 1165 2. DOT Regi&tions Recipients shall comply with the following regulations: 2 CFR 1200-1201,23 CFR 200,49 CFR 17,49 CFR 20-21, 49 CFR 25-28. 3. Retention and Access Re( uirements for Records Pursuant to 49 CFR§18.37(a)(3), for cost reimbursement ....... imbursement subgrants of any tier, Recipients and subrecipients shall comply with the record retention and access requirements of 49 CFR § 18.42. 4. Energy Efficency_Policies Recipients must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 5. Drug-Free Worlplace The Department must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 6. Titles Il and III of the Uniform Relocation Assistance RealwPTgperty Acquisition Policies Act As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 7. Paypjgnts toSubcontractors The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR 26.29. If retainage is withheld, the Department may make prompt and regular incremental acceptances of portions of the Agreement and pay retainage to Recipients based on these acceptances. Further, the Recipient must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within 30 days after your payment to the Recipient. 8. Additional ____ .Assurances ..................._.. Consistent with 49 CFR 2o.13J4 nd.,dmj neitherwthe_Delmartment nor the Recipient or,any sub-reci fent or subcontractor shall discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Recipient shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Recipient to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate, which may include, but is not limited to: A. Withholding monthly progress payments; B. Assessing sanctions; C. Liquidated damages; and/or D. Disqualifying the contractor from future bidding as non-responsible. FEDERAL HIGHWAY ADMINISTRATION-SPECIFIC 1. Federal Hi8ltwa Administration (FHWA Contractors & Recipients General Terms,,,and Conditions for Assistance Awards Recipients shall comply with FWHA Contractors & Recipients General Terms and Conditions for Assistance ad;i&—ggr i o iulm uiMSc_i.n ,Awards available at yhwolt/ontratoT; w __ l and incorporated by reference. 2. Contract Provisions If the Project meets the definition of a "Federal Aid Construction Project," Form FHWA-1273Required Contract Provisions, available at lht ps:Hw i a.(1ot mtttwy1gq!!q!Ma ttonleg� 1 i,rlmrp, and incorporated by reference, must be physically incorporated into each contract and subcontract. RECREATIONAL TRAILS PROGRAM-SPECIFIC 1. Recreational „Trails Program Guidance Recipients shall comply with the applicable requirements of Recreational Trails 2rog?ram„Guidance available at hqp // ....:..:: t o dot ttt pyi_ronm ent/recreatmonai-tra;ltttt; tittrac/ttd r cl r, and incorporated by reference. Attachment 8 5 of 5 Rev. 9/29/2021 Page 544 of 1165 ATTACHMENT REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) L GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications. in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under Page 545 of 1165 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection With its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are Page 546 of 1165 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on �,ip,n PHIWr j„391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor Page 547 of 1165 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or Page 548 of 1165 will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. C. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or, his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(1i) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 549 of 1165 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. Page 550 of 1165 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or fine who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or fine ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. Page 551 of 1165 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: Page 552 of 1165 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (ItI�nO v m fll ¢1, 4), which is compiled by the General Services Administration. Page 553 of 1165 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website(Ijt1 fa, ate), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 Page 554 of 1165 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 Page 555 of 1165 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 12 Page 556 of 1165 s bA a PL, 7, A b Q 0 o_ N H z U Cd as 0 O pq b U w Page 557 of 1165 "Cl 0 0 of N AAA i-i U b v c "g � o o r� o b 0 a a� i� A w U U O v w w w o U U ''.....k,._...ww ..................... _ ..........._.._............. ....... ............................................. ........... _v................. _..........................._.. a a tn C/] N i N N a Q��Oy I--1 P4 a A Page 558 of 1165 Florida Department of Environmental Protection DEP 55-223 PAYMENT REQUEST SUMMARY FORM Required Signatures: Original Ink Grantee. City of Boynton Beach . Grantee's Grant Manager: Mailing Address: _..­_._..___MM..ww.... Payment Request No.: DEP Agreement No.: Date Of Request: ..... ..... ..... Performance Period: Task/Deliverable Amount Task/Deliverable Requested:$ .. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number BGS - DEP 55-223 (Effective 10-30-2013) Grantee's Fiscal Agent Print Name Telephone Number Page 1 of 1 Page 559 of 1165 D. • .� TOT CATEGORY21WIP111117#7� OF THIS CUMULATI FUNDS EXPENDITURE 7 ' 1 • 1 Salaries lyri#!,e Benefits i i i i i Lr Construction i Purchases Su lies/OtherExDenses 1� Indirect TOTAL TASK BUDGET pi ,i/alio„io�� �/ AMOUNT Less TotalCumulative Payments � /� ,„iii//ri /// � � NO g/mgS,/ /;,//%% GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number BGS - DEP 55-223 (Effective 10-30-2013) Grantee's Fiscal Agent Print Name Telephone Number Page 1 of 1 Page 559 of 1165 EXHIBIT F APPENDICES A and E During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the 2 Page 560 of 1165 Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 561 of 1165 EXHIBIT G 49 CFR 26.13 - What assurances must ec. . contractorsmake? AuthorJtiesjLJjj. Code' (' I p:l § 26.13 What assurances must rec p: ii;i s and contractors make? (a) Each financial assistance agreement you sign with a DOT WpKg1,ipga ilr_rfinj tfatiop (or a primary recipient) must include the following assurance: The �jpi ept, shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Dar- assisted ara iste l contract or in the administration of its DBE ro ggor the requirements 9 � � 6. The r°eci i .rit shall take all necessary and reasonable steps under Q'Jk p Kt to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The a ci,p:arr,'s DBEgr�, as required by 42 QER.j,; l ,( and as approved by DOT, is incorporated by reference in this agreement. Implementation of this pl M;n. is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the LeciI j�q of its failure to carry out its approved jjLp_gj@ , the Department may impose sanctions as provided for under 49 ClF^°& pl and may, in appropriate cases, refer the matter for enforcement under 18 U S.C. .100 1 and/or the ? 1.1 Fraud Civil Remedies Act of 1986 ( 31 i.. et seq.). (b) Each col'lfta i you sign with a �, ntTa for (and each subcontract the prime contraclOr signs with a subcontractor) must include the following assurance: The olitr acipE, sub Wim!: or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The c opt rac,tor shall carry out applicable requirements of 49 CF p mme. in the award and administration of DOT -assisted ��r: ntract . Failure by the coptra to to carry out these requirements is a material breach of this core r act, which may result in the termination of this r on rad or such other remedy as the r gr .rte deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying therrrtr� t from future bidding as non -responsible. 72 ....: IR,1 .2 , Oct. 2, 2014] Page 562 of 1165 Exhibit H U.S. Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 202-366-4000 DOING BUSINESS WITH FHWA AO Agreement Officer AS Agreement Specialist AOR Agreement Officer°s Representative Agreement ant Agreement or Cooperative Agreement CFR Code of Federal Regulation FAR Federal Acquisition Regulation FHWA The Federal Highway Administration OMB Office of Management and Budget Page 563 of 1165 1. GOVERNING REGULATIONS Performance under this Agreement will be governed by and in compliance with the following regulations: 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 2 CFR Part 200 will be applicable to all non—federal entities as a default position, and that any determination not to apply 2 CFR Part 200 subparts A through E to for—profit entities, foreign public entities, or foreign organizations will be made in writing and identify the basis for that determination. Cost Principles For-profit Organizations: 48 CFR 31 (Federal Acquisition Regulations) Subpart 31.2 2. SECTION 508 OF THE REHABILITATION ACT OF 1973 While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended, do not appl3 to assistance agreements, the FHWA is subject to the Act's requirements that all documents posted on an FHWA or FHWA-hosted website comply with the accessibility standards of the Act. Accordingly, final deliverable reports prepared under this Agreement and submitted in electronic format must be submitted in a format whereby FHWA can easily meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. NOTE: Quarterly Progress Reports and financial reports are not considered final deliverables and therefore the following requirements do not apply. Accessibility Requirements: Section 508 of the Rehabilitation Act of 1973 All electronic documents prepared under this Agreement must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. View Section 508 of the Rehabilitation �. ...rd. , ,.- tr �° lit') - PART 1194 and the Federal IT Act ( t ....� ... .. IPS..� �.1. �; / �D µ �._mm. µ_.. Accessibility Initiative Home Page Q :Hsection508.200 for detailed information. The following paragraphs summarize the requirements for preparing FHWA reports in conformance with Section 508 for eventual posting by FHWA to an FHWA-sponsored website. a. Electronic documents with images Provide a text equivalent for every non -text element (including photographs, charts and equations) in all publications prepared in electronic format. Use descriptions such as "alt" and "longdesc" for all non -text images or place them in element content. For all documents prepared, vendors must prepare one standard HTML format as described in this statement of work AND one text format that includes descriptions for all non -text images. "Text equivalent" means text sufficient to reasonably describe the image. Images that are merely decorative require only a very brief "text equivalent" description. However, images that Page 564 of 1165 convey information that is important to the content of the report require text sufficient to reasonably describe that image and its purpose within the context of the report. b. Electronic documents with complex charts or data tables When preparing tables that are heavily designed, prepare adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables. Provide the information in a non-linear form. Markups will be used to associate data cells and header cells for data tables that have two or more logical levels of row and column headers. c. Electronic documents with forms When electronic forms are designed to be completed on-line, the form will allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues. Draft documents developed under this Agreement will be delivered as electronic files compatible with Microsoft Word 2000, or verified to be error free when read using Microsoft Word 2000 and Adobe PDF formats. Any other electronic format will receive prior approval from the AOR. With prior approval of the AOR, artwork or graphics not embedded in the electronic (MS Word) document may be submitted in camera ready format. Deliverables must follow the Turner Fairbanks Highway Research Center (TFHRC) Communications Reference Guide (h� k /ww.fliwa.dot.,i.!, y/lli. liii ,ti r` , m iii" tie ri/030 /iii , r�) unless otherwise indicate in this scope of work. The final deliverables under this Agreement must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available online at htti, //w �m , :� . /. Unless otherwise indicated, the Recipient represents by signature on this Agreement that all deliverables will comply with the Access Board Standards. Final documents will be delivered in Microsoft Word 2000, PDF, and HTML formats. These documents will be prepared in electronic GPO - required format and will meet the Section 508 requirements to allow them to be posted and viewed on the Internet. Files should be organized so that they are readable without requiring an associated style sheet. The html versions will include a text equivalent description (e.g., via "alt", "longdesc", or in element content) for every non -text (e.g., graph, table, photo, diagram, etc.) element in the document. The best location for information on regulations for 36 CFR 1194, which implements h , i'.: access.... Section o theRehabilitation Act o 1973 as amended, is at i i va o in. ___ww If the information center website existed before the effective date of this Agreement, information presented prior to the date of execution of this Agreement does not need to be modified to comply with Federal accessibility requirements. However, if a web page is modified or updated during this Agreement's period of performance, the modified or updated page must be presented in accessible format. 3. RESPONSIBILITIES OF THE RECIPIENT The Recipient will provide overall program management. Specifically, the Recipient will be responsible for the following, as a minimum: Page 565 of 1165 • Meeting with the AOR as necessary. • Participating in a kick-off meeting with the AO and/or the AOR to discuss agreement expectations and procedures. • Participating in meetings via teleconference or web conference with the AOR. • Performing the Statement of Work as described in Section I, Funding Opportunity Description. • Coordinating and managing work, including issuing and managing subcontracts/sub awards and consulting arrangements, as necessary. • Submitting all required reports including Quarterly Progress Reports. (See Part B of this Section, entitled Reporting.) • During the period of performance, the FHWA and the Recipient will meet periodically, at a minimum annually, to discuss project activities. The location of the meeting will be established by the AOR. Note: for application process, assume the meeting will be in Washington, DC and will last 1 full day. 4. NON-DOMESTIC TRAVEL All non-domestic travel must be approved in writing by the AO prior to incurring costs. Travel requirements under this Agreement will be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment vouchers must be submitted with justification for use of higher class travel indicating dates, times, and flight numbers. 5. AMENDMENTS This Agreement and any amendments executed by the AO constitute the entire agreement between the parties. Discussions and understandings concerning such scope and subject matter are superseded by this Agreement and any executed amendments. All changes to the terms and conditions of this Agreement will be in writing, issued as an Amendment and signed by the AO pursuant to 2 CRF 200.308. a. Unilateral. A unilateral amendment is signed only by the AO. Unilateral amendments are used, for example, to make administrative changes; i.e. funding, accounting data changes, change in Government personnel. b. Bilateral. A bilateral amendment is a change that is signed by the Recipient and the AO. Bilateral amendments are used to reflect other agreements of the parties amending the terms of the Agreement. 6. AGREEMENT OFFICER'S REPRESENTATIVE (AOR) The AO may designate an AOR to assist in monitoring the work under this Agreement. The AOR will oversee the technical administration of this Agreement and act as technical liaison with the performing organization. The AOR is not authorized to change the scope of work or specifications as stated in the Agreement, to make any commitments or otherwise obligate the FHWA or authorize any changes which affect the Agreement funding, delivery schedule, period of performance or other terms or conditions. Page 566 of 1165 The AO is the only individual who can legally commit or obligate the FHWA for the expenditure of public funds. The technical administration of this Agreement will not be construed to authorize the revision of the terms and conditions of performance. The AO will authorize any such revision in writing. 7. PAYMENT The Recipient may request advances or reimbursement of costs incurred in the performance hereof as are allowable under the applicable cost provisions not -to exceed the funds currently available as stated herein. Requests should be made no more frequently than monthly and must include the certification as required by 2 CFR 200.415. Payments by Reimbursement Requests for payments by reimbursement will be submitted to the payment office via DELPHI eInvoicing System. When requesting reimbursement of costs incurred and credit for cost share incurred, the Recipient will submit supporting cost detail electronically with the SF 270, Request for Advance or Reimbursement or, if construction, the SF 271, Outlay Report and Request for Reimbursement for Construction to clearly document all costs incurred. Cost detail includes a detailed breakout of all costs incurred including direct labor, indirect costs, other direct costs, travel, etc. Identify the Federal share and the Recipient's cost share portions as applicable. The cosi detail should show all the project costs for the period covered by the reimbursement request, and also show all the cumulative -to -date costs. The AO or Agreement Specialist reserve the right to withhold processing requests for reimbursement until sufficient detail is received. In addition, reimbursement will not be made without AOR review and approval to ensure that progress on the Agreement is sufficient to substantiate payment. After AOR approval, the AO will certify and forward the request for reimbursement to the payment office via DELPHI eInvoicing System. Advance Payments Recipients may be paid in advance, provided they maintain or demonstrate the willingness to maintain the following in accordance with 2 CFR 200.305 as applicable: (1) written procedures that minimize the time elapsing between the transfer of funds and disbursement by the Recipient, and (2) financial management systems that meet the standards for fund control and accountability. When these items are not met, reimbursement will be the method for payment. DELPHI eInvoicing System Registration and Information The Recipient must have Internet access to register and use the DELPHI eInvoicing System. Prompt registration for DELPHI eInvoicing System is important in order to reduce the possibility of delayed payments. All persons accessing the DELPHI eInvoicing System will be required to have their own unique user ID and password. It is not possible to have a generic ID and password for a Recipient. Page 567 of 1165 To register for DELPHI eInvoicing System, Recipients must eAuthenticate and activate an accoum by contacting their AO and providing the full name, title, phone number and e-mail address for the appropriate point(s) of contact (POC) who will submit payment requests. Within two weeks the POC should receive an invite to sign up for the system. The POC will also receive a form to verify their identity. The POC must complete the form, and present it to a Notary Public for verification. The POC will return the notarized form to: DOT Enterprise Service Center FAA Accounts Payable, AMZ-100 PO Box 25710 Oklahoma City, OK 73125 When the form is received and validated, the Recipient POC will receive a unique user ID and password via e-mail. POCs should contact their AO with any changes to their system information. Applicants registered with other DOT Agencies, such as Federal Aviation Administration or Federal Railroad Administration, must also apply for access with FHWA in order to request payment from FHWA. To facilitate your use of the DELPHI eInvoicing system, comprehensive user's information is available at lit ..w.w r w i f _ t:� w 1I k .k,11 1A Clom... c i . Account Management The Applicant should contact their AO when POCs have left their organization or are no longer will be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity, the Recipient should contact their AO with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no -activity, users should login once within 45 days of their last login. Waivers The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website Qj!, IM may, � .t � �h.j i'r icing:e ....... . m i tin) or by contacting the AO. Applicants must explain why they are unable to use or access the Internet to register and enter payment requests. All waiver requests should be sent to via mail to: Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically tottemmt : ,":::t", Page 568 of 1165 The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. If a Recipient is granted a Waiver, Requests for advance or reimbursement and required supporting documents, should be sent via regular U.S. Postal Service to the following address: Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Ryan Wisniewski Requests for advance or reimbursement submitted via an overnight service must use the following physical address: MMAC FHWA/AMZ-150 6500 MacArthur Blvd. Oklahoma City, OK 73169 Attention: Ryan Wisniewski Express Delivery Point of Contact: Ryan Wisniewski, 405-954-8252 8. FUNDS NOTIFICATION The Recipient shall notify the AO in writing whenever it has reason to believe that the costs it expects to incur under this Agreement in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Agreement by the Government. The notice shall state the estimated amount of additional funds required to complete the work under the Agreement. 9. ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under the Agreement, in the followin€ terms: "This material is based upon work supported by the Federal Highway Administration under Agreement No. - (fill in award number)." All materials must also contain the following: "Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the Federal Highway Administration." 10.SITE VISITS Page 569 of 1165 The FHWA, through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide sucr technical assistance as may be required. During a site visit, the Recipient and/or sub- recipient/subcontractor will provide all reasonable facilities and assistance for the safety and convenience of the FHWA representative. All site visits and evaluations will be performed in such a manner as to not unduly delay work. 11. BUDGET REVISION/REALLOCATION OF AMOUNTS (FOR AWARDS OVER THE SIMPLIFIED ACQUISITION THRESHOLD) The Recipient is required to report deviations from budget and program plans, and request prior approval for budget and program plan revisions in accordance with 2 CFR 200.308 The Recipient must obtain prior written approval from the AO to transfer amounts budgeted for direct cost categories when the cumulative value of such transfers will exceed 10% of the value of Federal share of this Agreement. 12. SYSTEM FOR AWARD MANAGEMENT (SAM) The Recipient must be registered in the SAM in order to receive payments under this Agreement. Use of the SAM is to provide one location for Applicants and Recipients to change information about their organization and enter information on where government payments should be made Information for registering in the SAM and online documents can be found at ..:.:ww,sg. . :m . 13. PRINTING The Joint Committee on Printing Regulations Number 26, Section 36 states that Recipients shall not become prime or substantial sources of printing for the use of departments and agencies. In the performance of this agreement, the Recipient may duplicate less than 5,000 units of only on( page or less than 25,000 units in the aggregate of multiple pages. Duplication of quantities in excess of the amounts stated requires prior written approval of the AO. The Recipient must submit such requests in writing or by email to the AO, to include specifics on the deliverable, requested printing quantity, and estimated costs for printing. 14. DRUG FREE WORKPLACE The Recipient will comply with Subpart B of 49 CFR Part 32, Government wide Requirements for a Drug -Free Workplace (Financial Assistance). See 49 CFR Part 32 for details of the requirement. 15. DEBARMENT AND SUSPENSION REQUIREMENTS The non -Federal entity must comply with the provisions in 2 CFR Part 180 OMB Guidelines to Agencies on Government Debarment and Suspension (Non -procurement) and 2 CFR Part 1200 DOT Non -procurement Suspension and Debarment. These provisions restrict Federal awards, subaward and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal programs or activities. Page 570 of 1165 d. Sub-agreements/sub-contracts. The Applicant shall insert the substance of this clause, including this paragraph (d), in all sub-agreement/subcontracts that exceed the micro - purchase threshold. 18. REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUB - AWARDS (2 CFR Part 170, Appendix A) I. Reporting Sub -awards and Executive Compensation. a. Reporting of first-tier sub -awards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal fund that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a sub - award to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. i. You must report each obligating action described in paragraph a.1. of thi award term to;1..�..............tm.. ". ii. ii. For sub -award information, report no later than the end of the month following the month in which the obligation was made. (For example, if th obligation was made on November 7, 2010, the obligation must be reporter by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action tha the submission instructions posted at °�/� µ , ".; ::1, specify. b. Reporting Total Compensation of Applicant Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fisca: year, if - i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received - A. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) o the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public ha; Page 571 of 1165 access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at @ice i?:.Hvw !Kc onm ]gip 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at fit'q �u „ . ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Sub -applicant Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragrap] d. of this award term, for each first-tier sub -applicant under this award, you will report the names and total compensation of each of the sub -applicant's five most highly compensated executives for the sub -applicant's preceding completed fisca year, if - i. in the sub -applicant's preceding fiscal year, the sub -applicant received - A. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and sub -awards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and sub -awards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) o the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public ha access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at ] U,?, -H ,Ms,a��r�m^b ac / � r i� ]i!T ) 2. Where and when to report. You must report sub -applicant executive total compensation described in paragraph c. 1. of this award term: i. To the Applicant. ii. By the end of the month following the month during which you make the sub -award. For example, if a sub -award is obligated on any date during the month of October of a given year ( i.e., between October 1 and 31), you must report any required compensation information of the sub -applicant by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Sub -awards, and ii. The total compensation of the five most highly compensated executives of any sub -applicant. Page 572 of 1165 Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR Part 25: i. A Governmental organization, which is a State, local Government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a sub -applicant under an award or sub-awar( to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Sub-award.- i. ub-award:i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you receive( this award and that you as the Applicant award to an eligible sub -applicant ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec _ .210 of the attachment to OMB Circular A-133, "Audits of States, Loca Governments, and Non -Profit Organizations"). iii. A sub -award may be provided through any legal agreement, including an agreement that you or a sub -applicant considers a contract. 4. Sub -applicant means an entity that: i. Receives a sub -award from you (the Applicant) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the sub - award. 5. Total compensation means the cash and noncash dollar value earned by the executive during the Applicant's or sub -applicant's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on Page 573 of 1165 behalf of the employee, perquisites or property) for the executive exceeds $10,000. 19. OMB PAPERWORK REDUCTION ACT The Paperwork Reduction Act of 1995 (PRA): Any activities involving information collection (i.e. paper or web -based surveys, questionnaires, etc.) from 10 or more non -Federal entities, OMB Information Collection Clearance, a process that generally takes eight months. The Recipient will coordinate with the AOR on this process. 20. CONFLICT OF INTEREST If at any time during performance, the Recipient identifies an actual or potential personal or organizational conflict of interest relating to performance of this Agreement, the Recipient must immediately notify the AO in writing. Actual or potential conflicts of interest may include but are not limited to any past, present or planned contractual, financial, or other relationships, obligations commitments or responsibilities, which may bias the Recipient or affect the Recipient's ability to perform the agreement in an impartial and objective manner. The AO will review the statement and may require additional relevant information from the Recipient. All such information, and any other relevant information known to DOT, will be used tc determine whether agreement performance by the Recipient creates an actual or potential conflict of interest. If any such conflict of interest is found to exist, the AO may (a) terminate the Agreement pursuant to the termination term of the Agreement, or (b) determine that it is otherwise in the best interest of the United States to continue the agreement and include appropriate provisions to mitigate or avoid such conflict in the Agreement pursuant to 2 CFR 200.112. 21. ANNUAL PROPERTY REPORT The Recipient must submit an electronic copy and one hard copy of the SF -428 Tangible Personal Property Report to the AOR and one electronic copy and one hard copy to the Agreement Specialist 60 days prior to the anniversary date of this Agreement. If no property was furnished or acquired during the Agreement up to the end date of the reporting period, indicate that information in block 8 of the SF428. If property was furnished or acquired during the Agreement up to the end date of the reporting period, list the property on the SF -428-A and SF -4285 forms. Use additional sheets as necessary. Use separate sets of sheets to show Federally -owned property and Recipient -owned property. 22. RESTRICTIONS ON INTERNAL CONFIDENTIALITY AGREEMENTS The Recipient shall not require employees or subrecipients to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subrecipients fron lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Page 574 of 1165 Page last modified on January 12, 2016 Page 575 of 1165 6. F. Consent Agenda 4/18/2023 Requested Action by Commission: Approve Task Order UT -3E-06 with West Architecture + Design, LLC., in the amount of $56,063 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services, Scope Category E, awarded by City Commission on August 22nd, 2018 to provide professional architectural services, for the design of the building hardening for Fire Station #2. Explanation of Request: In June 2020, a purchase order for $13,720 was issued West Architecture and Design for assistance with the grant application for the hardening of Fire Station #2 (attachment 2). In December of 2021, the Department of Economic Opportunity (DEO) awarded the City a grant totaling $571,611. The award is for the design and installation of the following: • Replacement of the 8 overhead roll up garage bay doors for fire apparatus access, with Four - Fold doors. The Four -Fold doors open faster and provide better durability than the roll up doors. • Replacement of the parking lot lighting with light poles designed for the wind loads, • Repair outdoor generator enclosures, and • Tie down the A/C handler. West Architecture's proposal for design is for $42,343 (attachment 1). Including the design phase, the total paid to West Architecture is $56,063. The executed agreement with West Architecture is attached as exhibit 3. How will this affect city programs or services? Maintaining the durability of the Fire Station, and to provide faster response time to emergencies. Fiscal Impact: Budgeted. The project will be funded from the General Government CI P Funds (302-4126- 522.62-01, FA2205). Alternatives: NA Strategic Plan: Strategic Plan Application: Climate Action Application: Page 576 of 1165 Is this a grant? Grant Amount: Attachments: Type D Attachin-nenl D Attachment D Attachirrient Description Attadl,wnint 1 trlCest'; IProlposaall Attad[iirneint 2 PO 201248 Attad[iirneint 3 F::Vlly lExocujit(.,.dAclir,eeiriieint Page 577 of 1165 Standard Form of Agreement Between Owner And Architect Project No. A20-021 Contract No. A20 -021-B Title: Boynton Beach Issue Date: 06-16-22 Fire station 2 — Hardening Address: 2615 Woolbright Road Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL 33436 Contact Peter Ganci, Assoc. AIA, LEED AP BD+C I I Contact Gary Dunmyer, MBA, P.E. Title Principal Company West Architecture + Design, LLC Address 820 N 4t" St City, State, Zip Lantana, Florida 33462 Phone 561-588-2027 Email pganci(a)_west-arch.com 1. SCOPE OF WORK 2. CLIENT'S RESPONSIBILITIES 3. COPYRIGHTS AND LICENSES 4. COMPENSATION 5. SCOPE OF THE AGREEMENT Title City Engineer Company City of Boynton Beach Public Works, Engineering Mailing P.O. Box 310, Address: Boynton Beach Florida, 33425 Physical 3301 Quantum Blvd., Suite 101 Address: Boynton Beach, Florida 33426 City, State, Zip See above Phone 561-742-6231 Email DunmyerG(a)_bbfl.us West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 1 of 7 Page 578 of 1165 This project addresses the Client's need for the Architectural and Engineering (A/E) services to implement the Rebuild Florida CDMG — Mitigation, Critical Facility Hardening Program. The A/E services is for the hardening of Fire Rescue Station 2 located at 2615 Woolbright Road, Boynton Beach, FL. Task 1 — Assistance with the Application, Coordination Client and Consultants, Site Visit / Field Verification, Implementation Plan / Schedule and Budget. — (This task has been completed) Per the investigation of Task 1, the following items were identified: A. Exterior Overhead Doors: The existing overhead doors do not meet the wind load requirements of ASCE07-10 for a 170 mph wind speed, building risk category IV, exposure C. They must also be impact rated and meet the requirements of ANSI/DASMA 108 and DASMA Technical Sheet 115. Replacing the 8 overhead roll up garage bay doors for fire apparatus access will 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. For safety, long term maintenance and speed of operations the Four -Fold Doors are designed to perform over 1 million cycles. Traditional roll up garage doors take 14-21 second to open, but the Four -Fold doors open in less than 6- 7 seconds. The Four -Fold door moves horizontally rather than vertically, allowing visibility throughout the opening motion so the driver knows the precise second the doorway is clear to enter or exit. Each Four -Fold door is operated by an overhead mounted electro -mechanical drive unit designed for high cycle operation. B. Exterior HVAC equipment: The strapping of the current HVAC equipment to the concrete slab does not appear to meet current wind load requirements. All strapping should conform to the wind load requirements of ASCE07-10 for a 170 mph wind speed, building risk category IV, exposure C. There are mechanical units that are currently being tied down with small amounts of tapcons. We recommend installing Simpson tie downs with ''/2" diameter expansion bolts at each piece of exterior mechanical and electrical equipment. C. Exterior Generator: The housing on an existing exterior generator is slightly rusted. The housing is designed to protect the functioning portions of the generator from exposure to rust and other elements. The existing generator housing should be cleaned of all rust and coated with a rust -inhibiting spray (Rust- Oleom 2300 or approved equal). D. Light poles: There are several light poles that provide site lighting around the fire station. The foundations for these light poles are not part of the structural drawings for this fire station. Therefore, they were probably part of a separate submittal and therefore may not have been designed to meet the wind load requirements for a fire station per ASCE07-10 for a 170 mph wind speed, building risk category IV, exposure C. We recommend the light poles be removed and replace with code compliant poles and foundations. Task 2 — Task 2 shall be the implementation of the items identified in the Task 1 report. The services shall include Architectural and Structural Engineering services as described below. A. Architectural and Structural Services Construction Documents: a) The next phase is construction documents (CDs). Once the owner and architect are satisfied with the documents produced during Task 1 phase of the project, the architect and engineer moves forward and produces drawings detailing the items West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. /_ Page 2 of 7 Page 579 of 1165 from the Task 1 report. These drawings typically include plans and notes for construction details and materials. b) The construction document phase produces a set of drawings that include all pertinent information required for the contractor to price and build the project. 4. Permitting / Bidding: a) Includes responses to building department comments b) Includes responses to RFI's during bidding. 5. Construction Administration a) Meetings (assume 5 conference call meetings, not including travel expenses) b) RFI Questions (assume 10 RFI's) c) Shop drawing review (assume 5 submittals) d) Draw request review (assume 3 draw requests) e) Punch List (assume 2 punch lists, site visit included, see below) f) Additional Site Visits (if required, shall be billed as reimbursable expenses, including travel time) OWNER•PROVIDED ITEMS 1. Unless stated otherwise, the Client shall provide copies of all tests, inspections, and reports required to complete the services, such as environmental surveys, or hazardous materials and/or other existing conditions reports. 2. The Client shall provide the Architect with a geotechnical analysis (soils report) and certified engineer's recommendation for use in the design of the structure. 3. The Client shall provide the Architect with percolation tests and analysis for use in the design (by others) of the drainage requirements, as required by code. 4. The Client shall provide the Architect with a set of documents representative of the existing conditions to be used as a basis of the services required. 5. The Architect shall be entitled to rely on the accuracy and completeness of the information provided by the Client, without independent verification of same. 2.1 Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 2.2 The Client shall identify a representative authorized to act on the Client's behalf with respect to the Project. The Client shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 2.3 The Client shall coordinate the services of its own consultants with those services -provided by the Architect. Upon the Architect's request, the Client shall furnish copies of the scope of consulting services in the contracts between the Client and the Client's consultants. The Client shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 3 of 7 Page 580 of 1165 Project. The Client shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 2.4 The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications (as included on the Drawings), and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement, the license granted in this Section shall terminate. 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes, if action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the instruments of Service under this Section. 3.4 Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 4 of 7 Page 581 of 1165 4.1 For the Architect's Scope of Work described under Article 1, the Client shall compensate the Architect as follows: Compensation to be as follows: Task 2 — CONSTRUCTION DOCUMENTS / PERMIT / BID / CA Architectural Phase Sub- Total A. Construction Documents $ 17,840 B. Permitting / Bidding $ 3,520 C. Construction Administration $ 6,640 $ 28,000 Structural Phase Sub- Total A. Construction Documents $ 8,605 B. Permitting / Bidding $ 1,800 C. Construction Administration $ 3,938 $ 14,343 Total $ 42,343 4.1.1 Hourly billing rates for services are set forth below. The rates shall be adjusted in accordance with the consultant's normal review practices. Architecture Firm: Principal Architect: $180/hr.; Project Manager $130/hr.; Senior Architect $120/hr., Architect $100/hr.; Architectural CADD / Technician $80/hr.; Clerical / Administrative $50.00/hr.; Structural Engineer: Principal $190.00/hr.; Senior Project Engineer / Senior Project Manager $175.00/hr.; Project Engineer / Project Manager $160.00/hr.; Engineer / Structural Designer $140.00/hr.; CADD / BIM Technician $100.00/hr.; Administrative $55.00/hr. 4.2 ADDITIONAL SERVICES: 4.2.1 Additional Services are not included in Basis Services but may be required for the Project. Such Additional Services may include budget analysis, financial feasibility studies, environmental studies, land surveying, civil engineering, land planning services, landscape design, telecommunications/data, security, measure drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed cost estimates, on-site project representation, value analysis, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, commissioning , environmentally responsible design beyond Basis Services, LEED® Certification, fast —track design services, obtaining liquor licenses, obtaining business licenses and any other services not otherwise include in this agreement. 4.2.2 Additional Services may be provided after execution of this agreement, without invalidating the Agreement. Any Additional Services provide in accordance with this Section shall entitle the Architect to compensation pursuant to Section 4.1.1. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 5 of 7 Page 582 of 1165 4.2.3 The Architect shall review and evaluate Contractor's proposals, and if necessary, prepare Drawings and other documentation and data, and provide any other services made necessary by Change Orders and Construction Change Directives. These documents and date prepared by the Architect shall be an Additional Service. 4.3 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Additional 24x36 prints @ $1.50 per sheet. 2. Transportation and authorized out-of-town travel and subsistence; 3. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Minting, reproductions, plots, standard form documents; 6. Postage, handling and delivery; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client; 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client; 9. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by the Architect's consultants; 10. All taxes levied on professional services and on reimbursable expenses; 11. Site office expenses; and 12. Other similar Project -related expenditures. 4.3.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent (10%) of the expenses incurred. 4.4 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Client terminates the Architect for its convenience or the Architect terminates this Agreement, the Client shall pay a licensing fee as compensation for the Client's continued use of the Architect's Instruments of Service solely for purposes of the Project. 4.5 PAYMENTS TO THE ARCHITECT 4.5.1 An initial retainer payment (as stated in section 4.1, Compensation) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Client's account in the final invoice. 4.5.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (30) Days after the invoice date shall bear interest at the rate of one point five percent (1.5%) per month. 4.5.3 The Client shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 4.5.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Client at mutually convenient times. West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 6 of 7 Page 583 of 1165 5.1 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Architect. This Agreement entered into as of the day and year first written above, Client: Architect: City of Boynton Beach West Architecture + Design, LLC Public Works / Engineering Gary Dunmyer, MBA, PE. Peter Ganci, Assoc. AIA, LEED AP BD+C City Engineer Principal (Signature) (Date) (Signature) West Architecture + Design, LLC. 820 N 41" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Page 7 of 7 (Date) Initial. / Page 584 of 1165 �o M N T N M N E X c0 m C O M N C O CO J O . LL I- i O m (D l00 N O m _T O O U � T 0 m y N E ti R N R Z � .. 'a "' 0 v QUaw CD _0 N (6 O J N � LL C C O 0co v r- N m (n O m >O L y > O O LL LO T Q Co = N m U J J 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O N N N 00 O O N O M Ln off �t O t0 � N O Y T� T M N CO — LO N H 69-6s 64 V).603, fA VJi fA ff3 EF? O O O O O O O O 00 00 00 !�2 00 T 00 �2 d 69 ffl V) ff3 6f> 6c3 a1 O (� 0 n Ln + N E L ',r� 3 u rn 00 Q ' N Q L Ln z lNT,I O ° � c Pu O m ra U �� m� 00 J D_ O O O O O O Co @ CL CL., O O O L N O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O O N N N 00 O O N O M Ln off �t O t0 � N O Y T� T M N CO — LO N H 69-6s 64 V).603, fA VJi fA ff3 EF? O O O O O O O O 00 00 00 !�2 00 T 00 �2 d 69 ffl V) ff3 6f> 6c3 LO cc T 0 LO 00 LO a) 3 O O O O O O O Co @ O O O O O O O L N O o6 c6 o6 6 O mN L � y 3 O �p O = Q Q — = p) U a U 0 O .o_ 0) U (B O to C C C C+ C C + E U U C U d 3 V O C O O L O a O O L v O = pp = r O O V V C U co E N N C U L a c U LO cc T 0 LO 00 LO a) PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd, Suite 101 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 TO: WEST ARCHITECTURE + DESIGN, LL 820 N. 4TH STREET LANTANA, 71, 33462 SHS P TO City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 6544 ORDERING DEPARTMENT: ENGTNEERING/GD/PAP ............................................................... COMMISSION APPROVED; 046282117F —1 DATE NEEDED: CONTRACT NO. LINE# QUANTITY UOM ITEM NO. AND DESCR12TION UNIT COST 13720.00 DL ADDRESSING CLIENT'S NEED 110000 for assistance with completing the aKplication for the Rebuild Florida CDMG-Mit.gatioft' Criti�cal', 'F'acility,J14raenincr Program, Applicatioh fo'r t r hardeii,ing' fbr.�:�F e Ja8dUe S.tatibn' 2. RFQ NO.' '046-2821-1-7/TP, Task Order'., UT -3E-03 REMARKS: 'FIRE STATION #2 REBUILD FL HARDENING TASK ORDER UT -3E-03 Hca 5-X22.62-01 COST 13720.00 P.o.TOTAL: 13720.00 DEPARTMENT Page 586 of 1165 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and WEST ARCHITECTURE + DESIGN, LLC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services C-1 V.5 CLEAN FINAL Page 587 of 1165 its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities - General Consulting Services C_2 V.5 CLEAN FINAL Page 588 of 1165 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities - General Consulting Services C-3 V.5 CLEAN FINAL Page 589 of 1165 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services C-4 V.5 CLEAN FINAL Page 590 of 1165 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities - General Consulting Services C_5 V.5 CLEAN FINAL Page 591 of 1165 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itectu ra I/eng i need ng error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services C.6 V.5 CLEAN FINAL Page 592 of 1165 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities - General Consulting Services C-7 V.5 CLEAN FINAL Page 593 of 1165 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and ❖ Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services C-8 V.5 CLEAN FINAL Page 594 of 1165 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposallproposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services C-9 V.5 CLEAN FINAL Page 595 of 1165 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. •'r Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. :• Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services C-10 V.S CLEAN FINAL Page 596 of 1165 1.4 CITY'S RESPONSIBILITIES 1A.1The CITY shall do the following in a timely manner so as not mdelay the services of the CONSULTANT: 1.411 Designate inwriting a person or persons to act aothe CITY'S representative with respect to the services toborendered under this Agreement. Such pomon(s)shall have complete authority N transmit instructions and receive information with respect to the CONSULTANT'S services for oparticular project. The CITY may have multiple CITY Repn000ntotkm(e)orproject managers during the performance ufthis AGREEMENT based onthe specific task orders/written task orders from each n[the Scope Categories. 1.412 Provide all criteria and full information onmthe CITY'S requirements for the Pnoj*ct, including design objectives and ounotminta, spame, capacity and pedbnnonoo mquiremento. flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent tothe Project including previous reports and any other data m|sxivo to design or construction ufthe project. 1.4.1.4 Furnish tuthe CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT aoAdditional 8amioes).the following: 1/4.1.5 Data prepared by, or services of othem, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.416 Appropriate professional interpretations mall mthe foregoing; 1.4.1.7 Environmental assessment and impact statements; 1�.1.8 Pmpeny, boundory, eaeement, hght-nf-wey, topographic and utility surveys; 14.1.9 Property descriptions; 1,4].10 Zoning, deed and other land use restrictions; 14.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 1.4.1.12 Arrange for access tomake all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT k`perform services under this Agreement. 1.4.1.18 Consistent with the professional standard of care and un|oom otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided bythe CITY urothers without independent review or Boynton Beach Utilities ' General Consulting Services c41 Page 597 of 1165 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services C_12 V.5 CLEAN FINAL Page 598 of 1165 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in ra/uu/up/ 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out ofthis Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event ofdefault shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and inaddition mthose instances referred 0oaoomaterial breach, onevent ofdefault shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors momissions; 4- CONSULTANT has refused o/failed tosupply enough properly skilled personnel; � CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services orsupplies; � CONSULTANT has failed to obtain the approval of the CITY where required hythis Agreement; � CONSULTANT has refused orfailed ,oprovide the services andefined inthis Agreement; w CONSULTANT hos filed bankruptcy or any other such insolvency proceeding and the same io not discharged within ninety (90) days of such date. * CITY has failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.0.2 \nthe event n[Default, the CONSULTANT shall beliable for all damages resulting from the Default including: � The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees bYthe firm replacing the CONSULTANT are reasonable and the hourly rates donot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. � In the event of default by the City, CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton Beach Utilities -uencmCunsuuinoou,mu o-13 Page 599 of 1165 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. :• Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services C-14 V.5 CLEAN FINAL Page 600 of 1165 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. ❖ The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. •'o Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services C-15 V.5 CLEAN FINAL Page 601 of 1165 Department Labor. The yearly increase, or decrease in the GPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. ❖ The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities - General Consulting Services CA V.5 CLEAN FINAL Page 602 of 1165 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a parry or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services C-17 V.5 CLEAN FINAL Page 603 of 1165 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services C-18 V.5 CLEAN FINAL Page 604 of 1165 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services C-19 V.5 CLEAN FINAL Page 605 of 1165 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services C-20 V.5 CLEAN FINAL Page 606 of 1165 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services C-21 V.5 CLEAN FINAL Page 607 of 1165 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services C-22 V.5 CLEAN FINAL Page 608 of 1165 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: West Architecture + Design, LLC Attn: Martha A. Morgan - 820 N. 4 Street Lantana, FL 33462 ARTICLE 26 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT, 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities - General Consulting Services C-23 V.5 CLEAN FINAL Page 609 of 1165 ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a7BBFL.US Boynton Beach Utilities - General Consulting Services C-24 V.5 CLEAN FINAL Page 610 of 1165 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this �'I*)day of 120 /Y . CITY OF B YNTON BEACH City Manager Attest/Authenticated: Title -- City Cle \Approved, s to Form: Office of the City Attorney Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL WEST ARCHITECTURE + DESIGN, LLC by WEST CONSTRUCTION, INC., Sole Omer CONSULTANT Martha A. Morgan, P e sdent (Corporate Seal) st icated: Secretary Matthew F. West C-25 Page 611 of 1165 EXHIBIT "A" SCOPE E - FEE SCHEDULE FIRM• West Architecture + Design, LLC DATE: July 02, 2018 (Revised) Personnel Classifications lHourly Rate Principal Project Manager $130.00 Senior Engineer $150.00 Senior Planner $130.00 Senior Architect $120.00 Senior Landscape Architect $130.00 Senior Surveyor/Mapper $150.00 Structural Engineer $140.00 Architect $100.00 Urban Designer $150.00 Planner $80.00 Landscape Architect $115.00 Inspector (Zoning & Landscape) $100.00 GIS Specialist $112.00 Architectural CADD/Technician $80.00 Planning Technician $75.00 Clerical/Administrative $50.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 612 of 1165 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) S 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------ Automobile Liability ------------------------------------------------------------ Combined Single Limit S 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------ Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee S 100,000.00 ----------------------- ------------------------------------------------------------------------------------------------------------------ Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ---------------------------------_--------------------------------------------------------------------------------------------------- Other - As Risk Identified ------------------------------------------------------------------------------------------------------------------------------------------- to be determined Boynton Beach Utilities - General Consulting Services C_27 V.5 CLEAN FINAL Page 613 of 1165 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. 1 Overall Rating (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes, provide detailed explanation on a separate sheet of paper. 8. Name, title, and office of ratin officer e.. Utilities Director 9. Si nature of ratin officer: Boynton Beach Utilities - General Consulting Services C_28 V.5 CLEAN FINAL Page 614 of 1165 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically I to 5 with 5 being the highest score N/A :Tf-Th—or-ou h :---a: site investigation 1 2 3 4 5 Z Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 1 2 3 4 5 T.- *Plan/sr)ec accuracy 1 1 12 'A A 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rata numerically I to 5 with 5 being the highest score N/A 1. Secs rd competition 1 J 3 �4 2. Specs complete/thorough 1 2 1 3 14 3. Accuracy of documents 1 2 1 3 1 4 5 4. Requirements,.within engineer's estimate 1 2 1 3 14 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bidconference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 -T 5 -TO—. —Response to building & permitting agencies 1 2 3 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: _ Boynton Beach Utilities - General Consulting Services C-29 V.5 CLEAN FINAL Page 615 of 1165 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawin s Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 1 2 3 4— Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availability 1 2 3 4 5--- 6. Field Consultation and Investigations. 6. 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permitting Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc. 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associates work and paperwork? 1 2 3 4 5 15. 1 Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Si nature of rating officer: Boynton Beach Utilities - General Consulting Services C-30 V.5 CLEAN FINAL Page 616 of 1165 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate mimPrically 1 to 5 with 5 being the highest score N/A 1. Tho rou h investigation of situation or -activity 1 12 13 1 4 5 2. Cooperative attitude 1 12 13 14 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solving? 1 2 3 4 5 7. Overall results 1 2 3 4 1 5 Name and title of rating officer (e.g. Utilities Director)' Signature of rating officer: Boynton Beach Utilities - General Consulting Services C-31 V.5 CLEAN FINAL Page 617 of 1165 6. G. Consent Agenda 4/18/2023 Requested Action by Commission: Proposed Resolution No. R23-051—Authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. Explanation of Request: Florida Department of Transportation (FDOT) initiated an improvement project along SR 804 (Boynton Beach Blvd) between NW 4th St and Federal Hwy. The improvements under this project include, but are not limited to, milling/resurfacing, minor widening for bicycle lanes, side walk/curb and gutter reconstruction and signing and pavement markings. The Utility has 69 assets (sanitary manholes and valves) located within the perimeter of the FDOT project. Currently, those assets are at grade level with the roadway, however if those assets are not adjusted before the milling and resurfacing aspect of the project, it is a possibility they will be covered with asphalt and will be inaccessible. Sanitary manholes and valves are essential to the Utility and provide access for preventative maintenance and functional control during emergencies. How will this affect city programs or services? Approval will allow FDOT's contractor to adjust the Utilities' assets to new roadway grade level preventing assets from becoming inaccessible. Fiscal Impact: Non -budgeted. Impacted accounts: 401-2810-536-49-17 (Valves) 401-2815-536-49-17 (Manholes). FDOT's initial estimate of the cost of the Utility Work is $57,064.00. At such time FDOT prepares the official cost estimate, the City will issue a Purchase Order to FDOT in the amount of the official estimate. Alternatives: I ssue a Bid by the City for the scope of this work would require the Utilities Department to have staff assigned to a new shift specifically for this project, causing deficiencies in personnel available during normal working hours and for response during emergencies. The added presence of the Utilities staff or another contractor on behalf on the Utilities would create congestion at the job site possibly causing schedule delays, which the City could be held liable. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 618 of 1165 Is this a grant? No Grant Amount: Attachments: Type D Resoluboin D Agireeirneinl D C)uoles D Other D Drawings D �Dirawlings Description FResolubloin qppirc.Mirng FDOT Utility work Agreement Utility Work Iby IC Illiglhway Contractor Agreement Cost Estimate L.Rility Conflict Matrix Utility Assets Coirntiract IFlains Page 619 of 1165 1 RESOLUTION R23-051 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 SIGN A UTILITY WORK BY HIGHWAY CONTRACTOR 6 AGREEMENT WITH FDOT FOR THE ADJUSTMENT OF 7 UTILITIES' SANITARY SEWER MANHOLES AND VALVE 8 BOXES ON BOYNTON BEACH BOULEVARD WITH AN INITIAL 9 ESTIMATE OF $57,064.00; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, Florida Department of Transportation (FDOT) initiated an improvement 13 project along SR 804 (Boynton Beach Blvd) between NW 4th St and Federal Hwy which 14 improvements include, but are not limited to, milling/resurfacing, minor widening for bicycle 15 lanes, side walk/curb and gutter reconstruction and signing and pavement markings; and 16 WHEREAS, The Utility Department has 69 assets (sanitary manholes and valves) located 17 within the perimeter of the FDOT project which currently, those assets are at grade level with 18 the roadway, however if those assets are not adjusted before the milling and resurfacing 19 aspect of the project, it is a possibility they will be covered with asphalt and will be 20 inaccessible; and 21 WHEREAS, approval will allow FDOT's contractor to adjust the Utilities' assets to new 22 roadway grade level preventing assets from becoming inaccessible; and 23 WHEREAS, the City Commission has determined that it is in the best interests of the 24 residents of the City to approve and authorize the City Manager to sign Authorize the City 25 Manager to execute a Utility Work by Highway Contractor Agreement with FDOT for the 26 adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard 27 with an initial estimate of $57,064.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves and authorizes the City S:ACA\RESO\Agreements\Approve FDOT Utility Work Agreement - Reso.Doex Page 620 of 1165 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Manager to sign Authorize the City Manager to execute a Utility Work by Highway Contractor Agreement with FDOT for the adjustment of Utilities' sanitary sewer manholes and valve boxes on Boynton Beach Boulevard with an initial estimate of $57,064.00. A copy of the Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of April, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Approve FDOT Utility Work Agreement - Reso.Doex Page 621 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) Financial Project ID: 444079-1-52-02 Federal Project ID: D423 036 B Financial Project ID: Financial Project ID: Financial Project ID: County: Palm Beach State Road No.: N/A District Document No: Utility Agency/Owner (UAO): City of Boynton Beach THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and City of Boynton Beach, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as City of Boynton Beach Various Locations - Complete Streets Improvements, State Road No.: N/A, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before N/A, year of b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. Page 1 of 10 Page 622 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Production. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: Everything not specifically included in the scope of services. These exceptions shall be handled by separate arrangement. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: TBD (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2 of 10 Page 623 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General Engineering Inspection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is 57,064.00. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least forty-five (45 ) calendar days prior to the date on which the FDOT advertises the Project for Page 3 of 10 Page 624 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). Payment of the funds pursuant to this paragraph will be made (choose one): ❑ directly to the FDOT for deposit into the State Transportation Trust Fund. ® as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests forwritten concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 10 Page 625 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 10 Page 626 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment forthe cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 10 Page 627 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement Page 7 of 10 Page 628 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Milot Emile, PE. - Boynton Beach Utilities, Engineering 124 E. Woolbright Road, Boynton Beach, FL 33435 EmileM@bbfl.us / (561)742-6407 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us (954)777-4360 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for Page 8 of 10 Page 629 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC-06/19 (AT UTILITY EXPENSE) reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ❑ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Boynton Beach BY:(Signature) DATE: (Typed Name: ) (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Steven C. Braun, P.E.) (Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY (Typed Name: ) (Typed Title: ) Page 9 of 10 DATE: Page 630 of 1165 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OCC -06/19 (AT UTILITY EXPENSE) Page 10 of 9 Page 631 of 1165 Attachments City of Boynton Beach 444079-1-52-02 1. Exhibit A — Scope of Services 2. Three Party Escrow Agreement 3. Appendix A of Assurances Page 632 of 1165 EXHIBIT A Scope of Services 444079-1-52-02 The utility work to be performed under this agreement consists of adjustment of City of Boynton Beach Water Utilities facilities per plans dated November 21, 2022, by Propel Engineering, Inc. Summary of Quantities No. Item Description Unit Quantity 425-5-1 MANHOLE, ADJUST UTILITIES EA 28 425-6 VALVE BOXES, ADJUST EA 38 635-2-11 PULL & SPLICE BOX, F&I, 13" X 24" COVER SIZE (Type H-20 Only) EA 3 Page 633 of 1165 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT"), City of Boynton Beach ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: City of Boynton Beach — Complete Streets Improvements — Various Locations Project #: 444079-1-52-02 County: Palm Beach WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 634 of 1165 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by FDOT's Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. Page 635 of 1165 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date For PARTICIPANT (signature) Name and Title Federal Employer I.D. Number Date Page 636 of 1165 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ04/17 (Appendix A of Assurances) Financial Project ID: 444079-1-52-02 Federal Project ID: D423 036 B County: Palm Beach State Road No.: N/A District Document No: Utility Agency/Owner (UAO): City of Boynton Beach During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors in interest (hereinafter referred to as the UAO), agrees as follows: (1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. (3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all manufactured products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410 as amended except for the foreign source steel and/or iron allowance of 0.1 % of the total amount of the agreement between the Florida Department of Transportation and the UAO, or $2,500.00 whichever is greater." (5) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Page 637 of 1165 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 ILITIES REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ04/17 (Appendix A of Assurances) (6) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs (1) through (4), the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (7) Incorporation of Provisions: The UAO will include the provisions of paragraph (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor, supplier or lessor as a result of such direction, the UAO may request the State to enter into such litigation to protect the interests of the State, and, in addition, the UAO may request the United States to enter into such litigation to protect the interests of the United States. 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Consent Agenda 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of March 2023. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for March 2023: Purchase Order # Vendor Amount 231072 HOMRICH CORPORATION $ 46,000.00 231073 RPM GENERAL CONTRACTORS, INC. $40,126.00 231074 BLUEALLY TECHNOLOGY SOLUTIONS $ 16,800.00 231075 STINGRAY CHEVROLET $ 45,959.00 231081 J.C. WHITE ARCHITECTURAL INTERIOR PRODUCTS $ 39,019.70 231086 HOMRICH CORPORATION $ 93,000.00 231087 SUPERION $ 16,425.00 231090 HECTOR TURF $ 33,103.99 231105 TRANE $ 38,786.00 231107 AMPS $ 23,791.00 231108 AMPS $ 24,782.40 231110 LYLE SUMEK ASSOCIATES, INC. $ 33,000.00 231115 ENDRESS & HAUSER INC. $ 18,536.43 231122 HECTOR TURF $ 29,351.64 231125 VTECHIO $ 41,833.54 231126 POW ER PLUS MARI NE I NC. $ 11,278.00 231145 SEMINOLE TOYOTA $ 30,334.00 231152 GERSAW GROUP CORP. $ 11,200.00 231156 DUVAL FORD $ 44,629.38 231157 RIVA MOTOR SPORTS $ 22,496.00 231158 SEMINOLE TOYOTA $ 30,334.00 231159 HEADSETS DIRECT, INC. $ 10,278.15 231161 THE UNITED GROUP $ 11,662.45 231165 MADSEN/BARR CORPORATION $ 23,324.00 231169 EPR SYSTEMS USA, INC. $ 44,532.50 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Page 661 of 1165 Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Addeirndurn Description l:::suirclhnase,s oveir $10,000 for the irmnoirnffn of IMairc h 2023 Page 662 of 1165 CITY OF BOYNTON BEACH (9 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MARCH 2023 1. Vendor: HOMRICH CORPORATION Purchase Amount: $ 46,000.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 03/01/223 Brief Description of Purchase: BOYNTON BEACH TENNIS CENTER DRAINAGE SYSTEM Source for Purchase: MINOR CONSTRUCTION Fund Source: 303-4212-572.62-01 CONTRACT # 028-2511-20 TASK F-05-2023 2. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 40,126.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 3/l/2023 Brief Description of Purchase: BOYNTON BEACH P.D. STEEL STRUCTURE. STEEL EVIDENCE BUILDING. Source for Purchase: MINOR CONSTRUCTION Fund Source: 303-4119-521.62-01 CONTRACT # 028-2511-20 TASK F-04-2023 3. Vendor: BLUEALLY TECHNOLOGY SOLUTIONS Purchase Amount: $ 16,800.00 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 3/l/2023 Brief Description of Purchase: SONICWALL FIREWALL MAINTENANCE. ANNUAL SUPPORT WITH ADV GATEWAY SECURITY SERVICES Source for Purchase: THREE QUOTES Fund Source: 001-1510-513.49-17 4. Vendor: STINGRAY CHEVROLET Purchase Amount: $ 45,959.00 Requesting Department: PUBLIC WORKS / FLEET Contact Person: RICK OPITZ Date: 3/l/2023 Brief Description of Purchase: 2023 CHEVY TAHOE TO REPLACE VEHICLE #3311 FOR FIRE DEPARTMENT Source for Purchase: PIGGYBACK FSA # 22-VEL30.0 Fund Source: 501-2516-19.64-33 5. Vendor: J.C. WHITE ARCHITECTURAL INTERIOR PRODUCTS Purchase Amount: $ 39,019.70 Requesting Department: ENGINEERING Contact Person: GARY DUNMYER Date: 3/2/2023 Brief Description of Purchase: FURNITURE FOR VARIOUS FLOORS IN CITY HALL. Source for Purchase: SINGLE SOURCE Fund Source: 303-4101-580.64-16 6. Vendor: HOMRICH CORPORATION Purchase Amount: $ 93,000.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 3/7/2023 Brief Description of Purchase: FOREST HILL PARK BASKETBALL MOD. Source for Purchase: MINOR CONSTRUCTION Fund Source: 303-4222-572.63-05 CONTRACT # 028-2511-20 RP2339 7. Vendor: SUPERION Purchase Amount: $ 16,425.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 3/7/2023 Brief Description of Purchase: CENTRAL SQUARE SERVICES. INSTALL WORK ORDER INTERFACE FOR NAVILINE AND PROVIDE CONFIGURATION SERVICES Source for Purchase: COBB # 005141021 Fund Source: 001-1510-513.64-14 8. Vendor: HECTOR TURF Purchase Amount: $ 33,103.99 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 3/8/2023 Brief Description of Purchase: PURCHASE TORO SAND PRO #3040 TO REPLACE VEHICLE # 8652 Source for Purchase: PIGGYBACK SOURCEWELL # 031121TTC Fund Source: 501-2516-519.64-33 Page 663 of 1165 9. Vendor: TRANE Purchase Amount: $ 38,786.00 Requesting Department: FACILIIES Contact Person: MELVIN STINSON Date: 3/8/2023 Brief Description of Purchase: FIRE STATION #5 -BUILDING AUTOMATION SYSTEM Source for Purchase: PIGGYBACK OMNIA CONTRACT #3341 Fund Source: 303-4129-522.64-18 10. Vendor: AMPS Purchase Amount: $ 23,791.00 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 3/9/2023 Brief Description of Purchase: REHAB OF WELL #9E Source for Purchase: PIGGYBACK PALM BEACH COUNTY CONTRACT Fund Source: 403-5000-533.65-02 #W UD16-001 VMG 11. Vendor: AMPS Purchase Amount: $ 24,782.40 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 3/9/2023 Brief Description of Purchase: REHAB OF WELL 10E Source for Purchase: PIGGYBACK PALM BEACH COUNTY CONTRACT Fund Source: 403-5000-533.65-02 #WUD16-001VMG 12. Vendor: LYLE SUMEK ASSOCIATES, INC. Purchase Amount: $ 33,000.00 Requesting Department: FINANCE Contact Person: KATHRYN MATOS Date: 3/9/2023 Brief Description of Purchase: CITY STRATEGIC PLANING WORKSHOP Source for Purchase: SINGLE SOURCE Fund Source: 130-2411-524.49-17 401-2825-536.49-17 001-2419-559.49-17 13. Vendor: ENDRESS & HAUSER INC. Purchase Amount: $ 18,536.43 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 3/13/2023 Brief Description of Purchase: PURCHASE WAREHOUSE STOCK. TRANSDUCER 0-5 PSI RANGE. Source for Purchase: SOLE SOURCE Fund Source: 502-0000-141.01-00 14. Vendor: HECTOR TURF Purchase Amount: $ 29,351.64 Requesting Department: PARKS Contact Person: WESLEY NORWOOD Date: 3/13/2023 Brief Description of Purchase: PURCHASE OF TORO WORKMAN HD TO REPLACE VEHICLE #8655. Source for Purchase: PIGGYBACK SOURCEWELL CONTRACT Fund Source: 501-2516-519.64-33 # 031121 TTVQ 15. Vendor: VTECHIO Purchase Amount: $ 41,833.54 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 3/15/2023 Brief Description of Purchase: PURCHASE ZSCALER ZIA ESSENTIALS TO PROTECT THE CITY'S DESKTOP AND LAPTOP COMPUTERS FROM CYBERSECURITY ATTACKS Source for Purchase: PIGGYBACK NCPA CONTRACT # 01-97 Fund Source: 001-1510-513.46-91 16. Vendor: POWER PLUS MARINE INC. Purchase Amount: $ 11,278.00 Requesting Department: PUBLIC WORKS Contact Person: RICK OPITZ Date: Brief Description of Purchase: PURCHASE 2023 MERCURY 200 CXL - DTSCF OUTBOARD ENGINE TO REPLACE BOAT ENGINE FOR PD - BOAT # 8612 - CC 21-11 Source for Purchase: THREE QUOTES Fund Source: 501-2516-519.64-33 Page 2 Page 664 of 1165 17. Vendor: SEMINOLE TOYOTA Purchase Amount: $ 30,334.00 Requesting Department: PUBLIC WORKS Contact Person: RICK OPITZ Date: 3/22/2023 Brief Description of Purchase: PURCHASE 2023 TOYOTOA RAV4 LE HYBRID MODEL 4435 FOR COMMUNITY IMPROVEMENT TO REPLACE VEHICLE #7901 Source for Purchase: PIGGYBACK STATE OF FL CONTRACT # FSA23- Fund Source: 501-2516-519.64-33 TOY1.0 18. Vendor: GERSAW GROUP CORP. Purchase Amount: $ 11,200.00 Requesting Department: POLICE Contact Person: ASSISTANT CHIEF ZELLER Date: 3/23/2023 Brief Description of Purchase: ELECTRONIC DEVICES TO ALLOW FOR PROPER TAGGING OF BODY WORN CAMERA VIDEOS. Source for Purchase: THREE QUOTES Fund Source: 691-5000-590.01-27 19. Vendor: DUVAL FORD Purchase Amount: $ 44,629.38 Requesting Department: PUBLIC WORKS Contact Person: RICK OPITZ Date: 3/27/2023 Brief Description of Purchase: PURCHASE 2023 FORD F-150 POLICE RESPONDER XL 4WD SUPER CREW RO REPLACE VEHICLE #4680 Source for Purchase: PIGGYBACK FSA CONTRACT # FSA22-VEL30.0 Fund Source: 501-2516-519.64-33 20. Vendor: RIVA MOTOR SPORTS Purchase Amount: $ 22,496.00 Requesting Department: PUBLIC WORKS Contact Person: RICK OPITZ Date: 3/27/2023 Brief Description of Purchase: PURCHASE 2023 KAWASAKI ULTRA 310LX-S WAVE RUNNER TO REPLACE VEHICLE # 5701 RECREATION - CC 27-10 Source for Purchase: PIGGYBACK FSA CONTRACT # FSA22-VEL30.0 Fund Source: 501-2516-519.64-33 21. Vendor: SEMINOLE TOYOTA Purchase Amount: $ 30,334.00 Requesting Department: PUBLIC WORKS Contact Person: RICK OPITZ Date: 3/27/2023 Brief Description of Purchase: PURCHASE 2023 TOYOTA RAV4 LE HYBRID MODEL 4435 FOR COMMUNITY STANDARDS TO REPLACE VEHICLE #2003 Source for Purchase: PIGGYBACK FSA CONTRACT # FSA23-TOY1.0 Fund Source: 501-2516-519.64-33 22. Vendor: HEADSETS DIRECT, INC. Purchase Amount: $ 10,278.15 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 3/27/2023 Brief Description of Purchase: PURCHASE REPLACEMENT HEADSETS FOR DISPATCH. Source for Purchase: THREE QUOTES Fund Source: 001-2112-521.52-20 23. Vendor: THE UNITED GROUP Purchase Amount: $ 11,662.45 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 3/27/2023 Brief Description of Purchase: PURCHASE (5) REPLACEMENT CHAIRS FOR DISPATCHERS Source for Purchase: PIGGYBACK GSA CONTRACT # GS-28F0047V Fund Source: 001-2112-521.64-16 24. Vendor: MADSEN/BARR CORPORATION Purchase Amount: $ 23,324.00 Requesting Department: UTILITIES Contact Person: THORLEY JOHNSON Date: 3/27/2023 Brief Description of Purchase: REPAIR 6 INCH SEWER MAIN AT 658 NE 6TH CT, HARBOR HALL. Source for Purchase: EMERGENCY CONFIRMING Fund Source: 001-21112-521.64-16 25. Vendor: EPR SYSTEMS USA, INC. Purchase Amount: $ 44,532.50 Requesting Department: FIRE Contact Person: CHIEF BRUDER Date: 3/28/2023 Brief Description of Purchase: ANNUAL SERVICE CHARGE FOR FIRE RESCUE RECORDS MANAGEMENT Source for Purchase: COBB # 27221018 Fund Source: 001-2210-522.46-91 Page 3 Page 665 of 1165 (li Consent Agenda 4/18/2023 Requested Action by Commission: Approve minutes from the March 21, 2023 and April 4, 2023 City Commission Meetings. Explanation oYRequest: The City Commission met onMarch 21.2O23and April 4.2023and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes Ofall [|OnlnlSSiOn meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs orservices? A record of the actions taken by the City Commission will bemaintained asapermanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Alternatives: Apprnve, amend and apprnve, ordnnot approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Umthis agrant? Grant Amount: Attachments: Type Description D Minutes CoirnirniosimmMeeting Mim��03 28�2023 Page 666 of 1165 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 21, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church. Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Sloane Kelley Sloane Kelley led the Pledge of Allegiance to the Flag. City Clerk announces certification of Supervisor of Elections' Election Results from the March 14, 2023 Municipal Election. City Clerk De Jesus announced that the City received certified Results from the Palm Beach County Supervisor of Elections Office for the March 14, 2023, Municipal Election. She noted, per the charter, candidates must win with 50% plus 1 vote, which was not attained in District 2. Therefore, a run-off election will be taking place on Tuesday, March 28, 2023, between the candidates with the highest votes, Woodrow Hay and Mack McCray. She stated that for Commission District 4, incumbent Aimee Kelley won with 64.51 % of the votes. Swearing In of Aimee Kelley as Commissioner District IV. Honorable Sherri Collins swore in Commissioner Kelley. Commissioner Kelley thanked her family, friends and supporters for all of the encouragement through this process. She said that Boynton Beach is a diverse and Page 667 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 vibrant community and that she is excited to continue serving the residents. She commented that she will do the best that she can for the residents and fellow Commissioners. Agenda Approval: Additions, Deletions, Corrections Commissioner Kelley asked for a date certain regarding the advisory boards. Mayor Penserga confirmed that it will be on the April 18, 2023 agenda. Vice Mayor Cruz moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Hay congratulated Commissioner Kelley. He said that he went to a luncheon meeting with the Palm Beach County League of Cities. He mentioned that he attended the Love for Literacy luncheon, and it was very informative. He stated he attended the motivational speaker event at the Ezell Hester Community Center, and he thanked Recreation and Parks staff for coordinating efforts. He said that he attended a food distribution at New Disciples Church, and they fed over 500 families, and he thanked the Police Department for maintaining order there. He spoke about the 11 t" Anniversary College Scholarship Luncheon that he attended in Mirasol. He commented on the Pickleball Court event that he attended. Vice Mayor Cruz stated that she had a great time at the Pickleball Court event and thanked staff for the event and giveaways. She announced the grand opening of the Wawa that will be happening on March 23rd at 8:00 A.M. Commissioner Turkin stated that he had no disclosures. He asked staff to look at the code where anything over $1,000 in home repairs requires a permit and mentioned that he would like to have the code looked at in general. He spoke about an incident with a resident who has Code Enforcement issues because of a shed. Commissioner Kelley said that she had no disclosures. Mayor Penserga stated that he will connect with the City Manager to speak about the Code Enforcement issue. He disclosed that he spoke to Bradley Miller regarding item 8A. 3. Announcements, Community and Special Events and Presentations Page 668 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 A. Proclaim the Runoff Election Mayor Penserga read the proclamation into the record. B. Proclaim March 31, 2023 as The Lord's Place SleepOut Homelessness Awareness Day. Calvin Phillips, Vice President of Housing Services for The Lord's Place, will accept the proclamation. Mayor Penserga read the proclamation into the record. Mr. Phillips accepted the proclamation. He thanked the Commissioners and the Mayor for the proclamation. Commissioner Hay stated that Mr. Phillips went to school with his son, and that he is doing an excellent job. C. Proclaim Friday, March 24, 2023 as Path to College Turn the Tables: Career and Internship Expo Day. Christina Romelus, Director of Programs for Pathway to College, will accept the proclamation. Mayor Penserga read the proclamation into the record. He said that this will be sent to Ms. Romelus, since she is not present. D. Proclaim the month of March as Let's Move Palm Beach County Month. Wil Romelus from Digital Vibez, Inc. will accept the proclamation. Mayor Penserga read the proclamation into the record. Wil Romelus accepted the proclamation. He said that 30 minutes a day is all it takes, and it can be anything that keeps you active. He stated that this challenge is to combat childhood obesity. He invited everyone to join in the event. E. Announce Boynton Beach Gold Coast Band's "Out of This World" concert on Sunday, March 26, 2023, starting at 3:00 P.M. The Band will perform at the First Baptist Church located at 301 N. Seacrest Blvd. Tickets are $10.00 and free for children 12 years of age or younger. To purchase tickets, visit goldcoastband.org or at the door the day of the concert. Mayor Penserga announced this event. F. The Development Services Department would like to announce the first Pop Up Permit Event taking place on March 22, 2023 from 6:00 P.M. to 7:30 P.M. at the City Hall Community Room (Room 115). Page 669 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 The event will focus on SagesGov training, face-to-face questions, and customers will also be able to take advantage of on -the -spot services such as permit status updates and notary services. Michael Griffin, Development Department Application Technician, stated that there was community outreach program that was started, and that they will be having their first event tomorrow night. He said that they hope to go over general permitting processes, and go over what they offer and be transparent to the public. G. Mayor and Commission to recognize representatives from the Joe DiMaggio Children's Health Specialty Center for donating $5,000, as the 2023 Magic Wheels and Special Deals event Title Sponsor and Chariots of Love representatives, for their contribution to design and build the "Magic Wheels" for 11 -year-old Giovanni. Justin Johnson, Recreation and Parks Marketing & Outreach Manager to provide a recap of the Magic Wheels & Special Deals and Barrier Free 5K events. Mayor Penserga announced this event. Mr. Johnson said that at this event they gave away a customized mobility device to Giovanni, which was shaped to look like a Transformer. A video was played about the event. Mr. Johnson stated that Saturday April 1 st is World Autism Month, and they will be having an adaptive pickleball clinic at the Ezell Hester Community Center. Stephanie Soplop, ADA Title II Coordinator, thanked Valerie Mathew for volunteering their time and efforts for this. Ms. Valerie Mathew, Chariots of Love, stated that it is an honor to brighten the lives of a special needs child. She introduced the people who helped her build this in her living room. Ms. Soplop gave the volunteers plaques. She mentioned that they have Jenna Shin online from the Joe DiMaggio Children's Health Specialty Center. Ms. Shin thanked everyone who was involved and said that they look forward to continuing to be a part of the community. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level 4 Page 670 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 of business coming before the City Commission) Susan Oyer reminded everyone about the Blooming In Boynton event, and she thanked staff for helping. She spoke about a concrete barrier that was put in on Old Boynton Road. She talked about the having proper entrances on Congress Avenue that needs to be talked about with the County. Dr. Pierre Blass stated that we have the best City in the world. He spoke about doing mathematics for the University of Boynton Beach, which is informal. He talked about designing an energy system using a water mill. Ernest Mignoli stated that he is doing a lot of studies on the DUI unit in the City of Boynton Beach. He said that nobody wants to talk about investigations that are happening in here. He spoke about the elections and locations of the political signs. Virtual Comments: 1 hand. Katie McLaughlin congratulated Commissioner Kelley, and said that we have an amazing team. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Mayor Penserga read the open positions. Motion: Commissioner Turkin moved to appoint Bernard Jaworski to the alternate position on the Recreation and Parks Board. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Penserga asked that we not only take applications online, but if we can meet with the individuals to make sure we connect with the individuals. Commissioner Turkin stated that if there is more than one applicant, they should roll over to the next vacancy, so they do not have to reapply and there is a steady pool of applicants. City Clerk De Jesus stated that she will follow up on the process of rolling over applicants. 6. Consent Agenda A. Approve the Piggy -back of the State of Florida Alternate Contract #43211500-WSCA-15-ACS for the purchase of Dell workstations, 5 Page 671 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $77,116.52. This contract complies with the competitive bidding process set forth in the City's Procurement Policy. B. Accept this quarterly Budget Status Report for the General Fund and the Utilities Fund for the 3 -month period which ended December 31, 2022, for FY2022-23 (Unaudited). C. Proposed Resolution No. R23-032- Approve Budget Amendment in the amount of $608,000 for the Utility Fund which entails allocation of fund balance and appropriation for payment/contribution of the City's portion the South -Central Regional Wastewater (SCRWW) Interlocal Agreement for the deep well injection project. D. Proposed Resolution No. R23-033- Approve and authorize the Mayor to sign a Low -Income Household Water Assistance Program (LIHWAP) vendor agreement with Palm Beach County to allow City of Boynton Beach water customers, that qualify under the program, to receive financial assistance towards their water and waste water payments. E. Accept the written report to the Commission for purchases over $10,000 for the month of February 2023. F. Approve minutes from the March 9, 2023 City Commission Meeting. Commissioner Kelley pulled Item 6D. Motion: Vice Mayor Cruz moved to approve the consent agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 6D. Proposed Resolution No. R23-033- Approve and authorize the Mayor to sign a Low -Income Household Water Assistance Program (LIHWAP) vendor agreement with Palm Beach County to allow City of Boynton Beach water customers, that qualify under the program, to receive financial assistance towards their water and waste water payments. Dr. Poonam Kalkat stated that the program is already ongoing, and residents are already applying for this, but that the County needs this formalized. She said they can approach the Marketing Department about advertising the program more. Motion: Commissioner Kelley moved to approve Resolution No. R23-033. Commissioner Hay Page 672 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 seconded the motion. The motion passed unanimously. Vice Mayor Cruz announced that this program is available through the County, and she encouraged residents to call. She shared the contact information for this program. 7. Consent Bids and Purchases over $100,000 A. Approve piggybacking the National Purchasing Co -Operative BuyBoard contract # 698-23 for the purchase of uniforms for Police and Fire with Gall's. Estimated annual purchase is $250,000. The BuyBoard procurement process satisfies the City's competitive bid requirements. B. Approve utilizing Sourcewell contract # 042021 -MOT with Express Radio for the purchase of Motorola products with an estimated annual expenditure of $140,000. The State of Minnesota procurement process satisfies the City's competitive bid requirements. C. Proposed Resolution No. R23-034- Approve and authorize the City Manager to sign a Piggy -back Agreement utilizing the Palm Beach County term contract #22041 (Solicitation #22-041/MB) dated March 14, 2023 through March 13, 2024 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) This contract will be utilized for well rehabilitation services, with an estimated annual expenditure of up to $500,000. D. Approve utilizing the Palm Beach County term contract # 22090R (Solicitation #22-090R/MB) dated December 11, 2022 through December 10, 2023 with Morton Salt, Inc. The contract will be utilized for the purchase of sodium chloride, with an estimated annual expenditure of $200,000. E. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 21, 2023 - "Request for Extensions and/or Piggybacks." Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 7 Page 673 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 A. Approve New Site Plan and New Master Plan for Miraflor Apartments to allow for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres, located on the west side of North Seacrest Blvd. across from Mentone Rd. in the IPUD zoning district. Applicant: Javier Cappelleti, Miraflor Palm Beach, LLC. City Attorney Cirullo read the title into the record. He swore in anyone that would speak on this item. Mayor Penserga requested that all questions wait until after Public Comment. Bradley Miller, Urban Design Studio, stated that this is the third time that they have spoken about this project. He introduced Lauren Burn. Ms. Burn, Urban Design Studio, spoke about Miraflor Palm Beach, LLC as follows: location map; zoning map; entitlement history; master/site plan; site walkthrough with access points; landscape plan; buffers on the property; site plan aerial; north and west elevation- building #5; south elevation- building #4; looking southwest; south to north aerial; east to west aerial; street view- facing west; and Staff recommends approval of the Site and Master Plan. Andrew Myers, Senior Planner, spoke about the following regarding Miraflor: location and background; request; proposed site plan; proposed landscape plan; proposed elevations; colors of remainder of buildings; and staff recommendation. Public Comments: Susan Oyer stated that when she was on the P&D Board years ago, residents mentioned needing somewhere for the kids to play, and there is none in the new plan. She spoke about there being are only 4 electric car chargers, and that should be increased. She mentioned that these do not appear to be white roofs and they should be. She said that these would be perfect for owner occupied condos, which will help with affordable housing. Ernest Mignoli said that it is always about approving big projects and it does not make sense. He stated that nobody working for the City wants to live here. He said that Federal Hwy. and Ocean Ave. floods, and we are adding 2,300 units. He complained about illegal parking in the City. Virtual Hand: 1 hand. Miles Rich stated that this is a great project and he looks forward to this being built. He spoke about the architectural style and the electric car chargers. Page 674 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Commissioner Hay asked if they attempted to purchase the little piece of property from the next-door grave site. Mr. Miller stated that there are gravesites in that indentation, so it could not be sold and squared off. He explained the S curve that was requested. Commissioner Hay asked about the one entrance and exit, and if they could turn around in that area. Mr. Miller stated that they always start with the location of the dumpster and work around it. He explained what their process is and the one entrance and exit situation. Commissioner Hay asked about consideration for a playground. Mr. Miller stated that the two recreation areas are identical in size, as they are now. He spoke about the concerns that the P&D Board had a few years ago and the changes they made to the site plan. He mentioned the areas that they have on the site plan that is for recreation. Vice Mayor Cruz asked why they chose the green color for the building. Mr. Miller responded that it is part of the color scheme. Mayor Penserga asked about the landscape buffer. Mr. Miller spoke about the layers of hedges and trees that they have. Mayor Penserga stated that he would like the gravesites to be undisturbed. Mr. Miller spoke about the coordination that they have with the property owner next door. Commissioner Turkin asked if there was a traffic study and what the grade was. Mr. Miller stated that he is not sure what the grade was, but it was done and it passed. He said that the properties are at market rate, or upper level workforce housing rates. Commissioner Turkin stated that he would like to see the square footage for a 3/2 to be higher than 1,100 square feet. He mentioned that he likes the landscaping. Mr. Miller spoke about the electric car chargers and said that he encouraging his clients to put the conduits in for future chargers. He said that there were some conditions of approval that needed to be fixed. Commissioner Kelley spoke about the edge of the cemetery line, and asked if there 91 Page 675 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 will be a hedge that will potentially block the view of the cemetery from the apartments. There was discussion regarding the fence and hedges; electric conduits for chargers; and feet between the two hedges in between the property lines. Motion: Commissioner Hay moved to approve the New Site Plan and New Master Plan for Miraflor Apartments. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed 4-0. Vice Mayor Cruz was not at the dais. 9. City Manager's Report- None 10. Unfinished Business A. Continue discussion on adding a Sister City in Ukraine. Pi RM Commissioner Turkin motioned to table the item. Commissioner Hay seconded the motion. The motion passed unanimously. 11. New Business A. Approve the use of ARPA funding in the amount of $775,000 to pay for capital items needed to outfit the auditorium in the Arts & Cultural Center and to purchase equipment and furniture for the Woman's Club. City Manager Dugger spoke about the Arts & Cultural Center and stated that we usually have to go to other venues to rent space. He said this is an investment and it will be used as a rental venue to drive revenue. He explained a rendering of what the space will look like. He said that the investment will pay for itself over the next 5-8 years. Commissioner Kelley stated that she supports this and that outfitting it to be used to its fullest will be great. Commissioner Turkin asked if the space is currently being rented out. Assistant City Manager Matos stated that we do rent it out, and there are many different rooms and rental prices. She explained the concerns with the property. Commissioner Turkin asked if the rental rates can be increased. 10 Page 676 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 City Manager Dugger responded yes. Vice Mayor Cruz stated that it does look like this will benefit the City long-term. She asked how many quotes we received. She mentioned supporting local businesses for the materials. She asked if we considered tinting the windows instead of spending $30K on blinds. Assistant City Manager Matos said that this will be bid out formally. Commissioner Hay stated that this is money well spent and it will pay for itself. He asked where we stand with the remainder of the ARPA funding. Mara Frederiksen, Director of Financial Services, explained that we will have $4.5M left after this approval, and that there are $2.5M that is not earmarked. Mayor Penserga asked about the priority for infrastructure to be able to use this. Vice Mayor Cruz asked if the Arts & Cultural Center has a kitchen or a warming space. Assistant City Manager Matos responded that there is a full chef's kitchen. Commissioner Kelley asked if any of the Arts Fund can be used to enhance the Arts and Cultural Center, to share in the expense. Assistant City Manager Matos explained the strict requirements for Arts Funds. Commissioner Hay asked if there is always a fee involved at the Arts & Cultural Center. Assistant City Manager Matos explained what kind of events are charged and which are not. Mayor Penserga stated that we should have a conversation as to what the policies should be. He said that there was nothing regarding the audio and visual equipment, and he would like it to be included. Vice Mayor Cruz asked how the art fee is determined and whether we could bring it back to the Commission for discussion. Public Comments: Ernest Mignoli spoke about the funds going to the Arts & Cultural Center when there are people in Boynton Beach that are starving. He said that nobody comes to the events if there are no drinks and smoking. Page 677 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Donald Turkin Jr. suggested that the hotel that might be built next door pay for some of the cost and use this as their ballroom as well. Motion: Commissioner Kelley moved to approve the use of ARPA funding in the amount of $775,000 to pay for capital items needed to outfit the auditorium in the Arts & Cultural Center and to purchase equipment and furniture for the Woman's Club. Commissioner Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R23-035- Approve and adopt the Recreation & Parks Department System Master Plan. Kacy Young, Recreation & Parks Director, congratulated Commissioner Kelley. He spoke about the history of the plan and introduced the consultant Carlos Perez. Carlos Perez, Perez Planning and Design, spoke about the final draft for the Parks System Master Plan as follows: what we are up to today; purpose; our approach; contract analyses; needs and priorities; public engagement highlights; demographic context in 2032; summary concepts; high priority needs- summary findings; allocation of $100- summary findings; vision framework; mission and vision; guiding principles; vision; enhance what we have; connect our recreation and park system; expand our recreation and park system; recommendations of the various recreational facilities; integrating public art; grow the system to keep pace with the City's growth; integrated vision; implementation strategy; funding sources; extra ordinary funding sources - phases 1-10 year funding options; capital projects prioritization strategy; funding allocation targets; prioritization criteria; priority capital projects- improvements to existing facilities; priority capital projects- development of new parks and facilities; priority capital projects- acquiring new park land; staff actions; some of the priority staff actions; and next steps. Commissioner Hay stated that this is impressive, and he is looking forward to it. He said that he would like to see a bike path/trail that will go around the City or certain areas. He asked about the following: dirt bikes in a certain area; the $2M on Hester Center improvements and what they plan to do there; and the surtax and what the people are willing to pay for the amenities. Mr. Perez spoke about connectivity and expanding what we have. Mr. Young stated that they have had conversations about expanding the plan and the trail. Mr. Perez spoke about the dirt bike trails, and said that they typically keep motorized plans separate. He explained the plans to improve the Hester Center. 12 Page 678 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Mr. Young expanded on the Hester Center improvements. Vice Mayor Cruz asked staff where we are at with Park Impact Fees. Amanda Radigan, Planning & Zoning Director, stated that the study is underway, and they are expecting a final version coming to staff within 2 to 3 weeks, and it will come to the Commission a few weeks after that. Vice Mayor Cruz asked if there is only one person that is working on grants. City Manager Dugger explained that there are two separate grant employees, one for the City and one for the Police Department. He spoke about the importance of a grant manager or grant coordinator. He spoke about green space being very important in legislation. Vice Mayor Cruz mentioned the TPA Grants and meeting with staff to apply this year. City Manager Dugger stated that he spoke with staff regarding this, and they will put together a policy so that they do not miss opportunities. He said that we should reach out to the County to see if they can bring back the surtax. Commissioner Turkin said that he liked the vision and asked what the timeline is for the proposed bond to be on a ballot. Assistant City Manager Matos stated that this is a big effort for staff and would be at least a year's worth of work, and it should be in 2024. There was discussion regarding dredging; the intercoastal nature park- JC Park; preserving mangroves; recommendations for developing a park application; cross promotion; partnerships; guiding principles to follow for the next 10 years; and EcoPark. Commissioner Kelley asked how the City can work with a private entity to make EcoPark more of a community, residential space. Mr. George Gentile, consultant, stated that incentives is how you would work with developers. Ms. Radigan stated that there are a couple of tools that we can use. She spoke about partnerships that the City has. Mr. Gentile spoke about Riverwalk in Jupiter and the incentives that were given. Ms. Radigan spoke about land dedication and other incentives that they can offer. 13 Page 679 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Commissioner Kelley spoke about reserving some spots for residents that pay for a permit. Mayor Penserga asked about what upgrades we can do to integrate this to our app. He mentioned the grant writers that we have and how important their job is. He spoke about mobility options and exploring an RFP for options. He mentioned a general obligation bond and needing a financial feasibility study and if the public would be willing to pay for it. Commissioner Hay commented that we used to have a trolley and it was decided that we did not have the downtown to support it at the time. Mayor Penserga stated that we should start with a few vehicles and see if it is feasible. Vice Mayor Cruz spoke about the studies costing thousands of dollars, and asked if we could do an internal survey. She suggested that we try an internal pilot program, using a few vehicles, to figure out the need for it. There was discussion regarding providing trolley services and collaborating with other businesses nearby; and spending money on a study. There is consensus on a feasibility study and mobility options. Ms. Radigan stated that they would like to do a workshop on mobility all together. There was consensus on a mobility workshop. Vice Mayor Cruz recommended inviting a representative from the County to attend as well, to understand how the City fits within the larger County transportation plan. There was discussion regarding a survey to all the residents about the feasibility study; and atargeted survey that was sent out that matched to the demographics. Mr. Perez explained their triangulated approach. Public comment: None. Virtual comment: None. Motion: Vice Mayor Cruz moved to approve Resolution No. R23-035. Commissioner Hay seconded the motion. The motion passed unanimously. 14 Page 680 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Mr. Gentile complimented staff for the work they do. Mr. Young stated that this is a plan of the residents and it is exciting to see the plan move forward. Commissioner Turkin thanked all of staff for attending St. Andrews yesterday. Commissioner Hay added for future agenda- Red Light Traffic Camera Presentation to the next agenda. 12. Legal- None 13. Future Agenda Items A. Consider revised local rules for approval. - TBD B. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD C. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD D. Review Advisory Board Ordinance, requested by Commissioner Kelley. - TBD E. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD F. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD G. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD H. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD I. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD J. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD Motion: 15 Page 681 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL March 21, 2023 Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:29 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk U Page 682 of 1165 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, April 4, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:08 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Bob Bender, Christ Fellowship Church. Invocation was given virtually by Pastor Bender. Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz. Vice Mayor Cruz led the Pledge of Allegiance to the Flag. Commissioner Turkin asked for a moment of silence for the school shooting that killed innocent kids and teachers in Nashville, TN. City Clerk announces the results of the certification of the Supervisor of Election's Office from the March 28, 2023 Municipal Runoff Election, which was recounted on March 31, 2023. City Clerk De Jesus stated that the City received certified results from the Palm Beach County Supervisor of Elections Office for the March 28, 2023, Municipal Runoff Election, which resulted in a recount on March 31, 2023, due to a small margin between the two candidates. For District 2, Commissioner Incumbent Woodrow Hay won with 50.24% of the votes. Swearing In of Incumbent Woodrow Hay, as Commissioner District II, by the Palm Beach County Commissioner Mack Bernard. Palm Beach County Commissioner Bernard swore in Commissioner Hay. Page 683 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 Commissioner Hay thanked Jesus Christ, and everyone that helped him during his campaign. He said that he is happy to be able to serve another three years. He thanked City Staff for their support. Agenda Approval: Additions, Deletions, Corrections City Attorney Cirullo stated that item 6H will need to be pulled to be brought back as an Ordinance. Mayor Penserga added item 3F regarding ICARE and their relocation to Boynton Beach. He added the appointment to the Affordable Housing Committee as item 5F, and the Workforce Readiness Program to Future Agenda Items. Commissioner Kelley requested an update on the City's Internship Program. City Manager Dugger said that Assistant City Manager Matos has been overseeing the program and that he knows there is a lot of interest. Commissioner Kelley stated that she would like to discuss who is interested in attending the Florida League of Cities and National League of Cities Conferences, so registration deadlines are not missed. Mayor Penserga added the item as 11 B. Commissioner Turkin requested to move item 11A to before Consent Agenda. He requested to move item 13E to the May 2 Commission Meeting. Mayor Penserga stated that he is comfortable with moving item 11A to before Consent Agenda. Vice Mayor Cruz stated that we need to have the agenda published at least one week prior to the meeting. She asked for a legislative update from our lobbyist regarding Senate Bill 102, at the next meeting. She said that she wants to begin the process to request an ordinance for minimum sized units for future developments. Mayor Penserga asked if there was consensus regarding the minimum size for units. Commissioner Turkin stated that the LDR needs to be looked at. There was consensus to have this discussion in a workshop. Commissioner Kelley stated that she is not sure how this new bill will affect these rules and that we should have the workshop discussed after the bill happens. 4 Page 684 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 Vice Mayor Cruz stated that she would like to have this looked at sooner than later. She would also like to create an ordinance to give preference to local businesses for local or City contracts, if they are within 10% of the lowest bidder. Mayor Penserga asked the City Manager to start working on a Development Services workshop. Commissioner Hay stated that he would like to have a discussion regarding housing for our homeless. Mayor Penserga stated that he has also been working on addressing the 300 homeless kids in Boynton Beach. Motion: Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Hay, Vice Mayor Cruz, Commissioner Kelley, and Mayor Penserga had no disclosures. Commissioner Turkin stated that he spoke with Mike Barwis regarding item 11A. He noted he attended the NLC in Washington, DC and it was amazing. He thanked staff and the CRA for putting together a great appropriation request for repair of the seawall. He spoke about mentioning the ARPA funds to the schools and Veterans to the State Representatives and they are interested in stories about this. He said that he would love to be able to attend other conferences. 3. Announcements, Community and Special Events And Presentations A. Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese -LaCroix, Founder of Love Serving Autism. Mayor Penserga read the Proclamation into the record. Ms. Pugliese -LaCroix accepted the proclamation. She thanked the Mayor and the Commissioners for the Proclamation. Stephanie Soplop, ADA Title II Coordinator, thanked Ms. Pugliese -LaCroix for providing opportunities for kids and adults with autism around the City and State. C] Page 685 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 B. Announce PGA HOPE (Helping Our Patriots Everywhere) Clinics being hosted at The Links Boynton Beach starting on Thursday, April 6, 2023, at 2:00 P.M. Mayor Penserga announced this event. C. Announce the 2023 Youth Symposium taking place on Friday, April 7 at 9:00 A.M. at the Carolyn Sims Community Center located at 225 NW 12th Avenue. This event is Free for Middle and High school students that will provide an opportunity to learn, engage and discuss a variety of topics with professionals from various fields. Mayor Penserga announced this event. City Manager Dugger stated that we have members of the Florida Panthers Hockey team, as well as staff, coming to the event. Justin Johnson, Outreach and Marketing Manager, reviewed the offerings at the Youth Symposium. D. Announce Egg-stravaganza taking place on Saturday, April 8th from 10 A.M. - 12 P.M. at Centennial Park Amphitheater located at 120 E. Ocean Avenue (Next to City Hall) in #Downtown Boynton. This is a free event for the entire family. Mayor Penserga announced this event. E. Announce the Art & Autism Expo taking place in the Arts and Cultural Center, (125 E. Ocean Ave.). The City of Boynton Beach is partnering with FAU CARD for the 3rd Annual Art & Autism Expo where Art will be on display for the entire month of April. There will be a special Gallery Opening event on April 12 from 5:00 P.M. to 7:00 P.M., where attendees can meet the artists and catering will be provided by The Chocolate Spectrum. Mayor Penserga announced this event. Item 3F was added to the agenda. F. ICARE coming to Boynton Beach Wally Major, representing Sea Turtle Adventures and (CARE, mentioned that the organization is relocating from West Palm Beach. He said that this is a nonprofit organization that monitors the sea turtle nests from Woolbright to George Bush Boulevard. in Delray Beach. He further explained what this program will provide. Pastor Ash invited everyone to the grand opening on April 29th at 5:00 P.M. 4 Page 686 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Christina Romelus, Former City Commissioner, stated that she is a Director of Programs for Path to College, and explained what the program is. She thanked them for the proclamation that was given to them at the last meeting, and for their support. Karen Ho spoke about her complaint that she filed against a company that took her property from her. Harry Woodworth stated that he would like to comment on the size of the units discussed earlier, and he asked for long range plans to be looked at as well. He said that everything with TOD needs to be fixed up. He asked that we progress quickly to clean house down here before things get messy in Tallahassee. Ernest Mignoli stated that there are a few officers that he was speaking to at the last meeting and at other events, and when he was at the Police Station a Police Officer told him that he was threatening to rape young women at the last meeting. He said that he was told that he needs to get a life. He said that he is scared to come out of his house. He said that he is no longer going to do investigations in the City with his Press badge. He said that he is appealing to the public to stick together with him. Dr. Monica Roundtree Cleckley spoke about the barriers to submit applications for the MLK apartments. She asked who is the go -to within the City to speak to. Mayor Penserga closed public comments. Commissioner Turkin stated that he would like staff to get a workshop together for the LDR and the TOD. Mayor Penserga stated that there is consensus to have a workshop on housing. He asked if the Commission would like a transportation workshop. Commissioner Kelley asked to have the TPA or representatives from transportation to help facilitate the conversation. Commissioner Hay asked to have Dr. Roundtree Cleckley's issue addressed. Mayor Penserga said that it is a CRA matter, and he will personally address it. 5. Administrative Page 687 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 A. City Commission to appoint a Vice Mayor to serve until March 2024. Motion: Mayor Penserga moved to appoint Commissioner Turkin as Vice Mayor to serve until March 2024. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Turkin thanked the Mayor and his colleagues. B. Proposed Resolution No. representative and alternate Coordination Program. Motion: R23-036- Appoint a City Commission to the Countywide Intergovernmental Commissioner Kelley nominated herself as representative to the Countywide Intergovernmental Coordination Program. Commissioner Cruz nominated herself as alternate to the Countywide Intergovernmental Coordination Program. Vice Mayor Turkin moved to appoint Commissioner Kelley as the representative, and Commissioner Cruz as the alternate, to the Countywide Intergovernmental Coordination Program. Commissioner Hay seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R23-037- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). Motion: Commissioner Kelley nominated herself as representative to the Coalition of Boynton West Residents Association (COBWRA). Commissioner Cruz nominated herself as alternate to the Coalition of Boynton West Residents Association (COBWRA). Commissioner Cruz moved to appoint Commissioner Kelley as the representative, and Commissioner Cruz as the alternate, to the Coalition of Boynton West Residents Association. Commissioner Kelley seconded the motion. The motion passed unanimously. D. Proposed Resolution No. R23-038- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Page 688 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 P� Sit M-1 1 Commissioner Hay nominated himself as representative to the Palm Beach County League of Cities. Vice Mayor Turkin nominated himself as alternate to the Palm Beach County League of Cities. Vice Mayor Turkin moved to appoint Commissioner Hay as the representative, and Vice Mayor Turkin as the alternate, to the Palm Beach County League of Cities. Commissioner Hay seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R23-039- Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Motion: Commissioner Cruz nominated herself as representative to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Commissioner Hay nominated himself as alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Commissioner Cruz moved to appoint Commissioner Cruz as the representative, and Commissioner Hay as the alternate, to the Transportation Planning Agency. Commissioner Hay seconded the motion. The motion passed unanimously. F. Proposed Resolution No. representative and alternate Coordination Program. Motion: R23-045- Appoint a City Commission to the Countywide Intergovernmental Commissioner Hay moved to appoint himself as representative to the Affordable Housing Advisory Committee. Commissioner Cruz moved to appoint herself as alternate to the Affordable Housing Advisory Committee. Commissioner Kelley moved to appoint Commissioner Hay as the representative, and Commissioner Cruz as the alternate, to the Affordable Housing Advisory Committee. Commissioner Cruz seconded the motion. The motion passed unanimously. 7 Page 689 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 G. Review and ratification of the Board Appointed Trustee, Matthew Zeller, to the Boynton Beach Police Officers' Pension Fund. Motion: Vice Mayor Turkin moved to ratify the appointment of Matthew Zeller to the Boynton Beach Police Officers' Pension Fund. Commissioner Hay seconded the motion. The motion passed unanimously. H. Annual reappointments and appointments of eligible members of the community to serve in vacant positions on City Advisory Boards. Commissioner Kelley asked to have this item tabled because we are having a discussion regarding advisory boards at the next meeting d� Pitiii Commissioner Kelley moved to postpone these appointments until after the Advisory Board Ordinance has been heard. Commissioner Cruz seconded the motion. The motion passed unanimously. I. Hear presentation of annual report from the Art Advisory Board. Glenn Weiss, Public Art Manager, discussed the following regarding the Art Advisory Board: Art Advisory Board; Policy; enhancing the City's public image; Sara Sims Amphitheater; murals projects; private projects; private downtown sculpture- new art attraction; kinetic brings 6,000 visitors to downtown and art & cultural center; kinetic supports downtown businesses; businesses and grants support public art total: approximately $60,000; and sailfish spinners: support art and charters. Commissioner Kelley said that she is proud of all the art in the City. Vice Mayor Turkin thanked Mr. Weiss for everything he does and the Art Advisory Board. He said that this brought in some local charter captains. Mayor Penserga asked if it is difficult to recruit artists. Mr. Weiss explained the different organizations he works with, and said that there are many muralists that are available locally. Commissioner Cruz said that a lot of people likes the sip and paint events and asked if that is something we would like to take on. Commissioner Hay said that he appreciates all of the art all over the City. He said that he has seen students here to evaluate the artwork. Page 690 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 11A Proposed Resolution No. R23-044- Approve and authorize the Mayor to Sign a Sports Facility Use Agreement with Athletic Angels Foundation, Inc., a Florida Not for Profit Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little League Park. Kacy Young, Recreation and Parks Director, spoke about the Little League Park: Athletic Angels Foundation, Inc. Sports Facility Use Agreement as follows: use agreement summary; sports facility use agreement benefits; Little League Park- 300 Woolbright Road; conceptual plan Little League Park- Field #1; conceptual plan Little League Park - Phase 1; and questions. Michael Barwis, CEO of Barwis Corporation, spoke about the following: About Barwis; first step foundation; Athletic Angels; Miracle Field; video regarding Brock Mealer who was paralyzed and worked hard to walk again. He stated that this situation was a catalyst in his life. He said that they started two charities, one of which is Athletic Angels. He spoke about their goals with each renovation; bringing professional athletes here to speak to the kids; preseason camp for the community; possibly bringing their national headquarters to the City; and provided resources. Phil Terrano spoke about coming here in November with the concept, and about Mr. Barwis inspiring him to make this happen. He said that he is bringing the best to Boynton Beach, which is Mr. Barwis. He thanked the Commissioners for everything. Commissioner Hay said that this is all very exciting, and that so far, he has fulfilled what he says that he is going to do. He cautioned going around the rabbit hole about being "ours and theirs," because it is for the entire City, and that it encourages all of the Boynton Beach kids to use that facility. He asked that if we are opening this up to professionals, is the net going to be sufficient to prevent balls from leaving the field. He said that his other concern is parking. Mr. Terrano stated that they will have a high fence that is strong. Mr. Young said that this adds more parking that is currently at the park, but this is still a conceptual plan. Commissioner Cruz thanked them for the presentation and said that it is beautiful to see people helping others. Vice Mayor Turkin said that when he spoke to the staff that work at the headquarters in Deerfield, they said that they allow kids to come hang out at the facility if the parents are working late. He commented that he has seen what sports can do for a community and he is supporting this because of the culture behind it. He said that there were concerns with the residents from Highpoint that were addressed. He asked if this will be coming back for a site plan approval. 91 Page 691 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 Deputy City Manager Mack said yes, this will come back with a full site plan. Commissioner Kelley thanked them for coming out and she looks forward to the partnership that they will bring to the City. She said that she wants to make sure that parking stays on the forefront. She asked if Mr. Barwis is currently at the field and working there and what has the impact been so far. Mr. Barwis responded yes. Mr. Young spoke about the opportunities to increase the use of the little league fields, and there have been permits issued recently for use of the field. Commissioner Kelley asked about the memorial wall relocation and that we do as little as we have to, if possible, and that everyone that is involved is aware of the decisions that are being made about it. She said that she wants to make sure that the children of the City have a way to get there. Mayor Penserga stated that he is very impressed with Mr. Barwis, and he believes that the partnership with the organization will be a benefit to the City. He said that he would love for the headquarters to be here in the City, but he did not have enough time to go over the agreement thoroughly. He commented that the business terms of the agreement need to be looked at, and he would like to table the item until the next meeting so that he can take a look at the agreement more thoroughly. Commissioner Cruz stated that this is a contract that needs to be looked at, and she needs a little bit more time, so that she can speak to the Attorney and the applicants. Public Comments: Barbara Ready stated that July 4,1957 was the grand opening of the Little League. She said that she has questions on the 47 -page agreement and spoke about the different parts of the agreement that she has issues with. She commented on the dimensions for the Little League field, and about changing the LDR's for this item. Mayor Penserga closed public comments. Commissioner Kelley stated that she would like to talk to Mr. Barwis herself. Vice Mayor Turkin said that if the item is tabled, he does not want it to be a deal killer. Mr. Barwis stated that this has been pushed back already, and there are two other cities that are on the table, but he will bring it to their Board to move it back. Mayor Penserga stated that he would like to have this passed, but he has not been able 10 Page 692 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 to see the agreement fully, and he does not want the deal to fall apart. He mentioned that if it is urgent, they could schedule a special meeting if they have to. Mr. Barwis said that he understands, but just needs the Board's approval. Commissioner Hay said that he prefers to wait until the next meeting. City Attorney Cirullo stated that they would need a contingent approval to schedule a special meeting if we are waiting to hear back from the Board. Mr. Barwis stated that he cannot speak for those that are not present, but he agrees about not rushing the agreement. Commissioner Kelley asked about timing wise to get a meeting together with the Board. Mr. Barwis stated that he can likely get the Board together before the end of the week. Mayor Penserga said that there is a possibility of doing the City Commission Meeting before the CRA Board Meeting. There was consensus to see if the Barwis Foundation Board will wait until April 18th or possibly have a special meeting before then. Motion: Commissioner Hay moved to postpone this resolution to the April 18 meeting or schedule a special meeting, if the Barwis Foundation Board needs to have a decision made sooner. Commissioner Cruz seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Accept FY 22/23 first quarter report on operations of the Schoolhouse Children's Museum. B. Proposed Resolution No. R23-040- Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Boynton Beach Association of Fire Fighters Florida Local 1891 of the IAFF for the term October 1, 2023 through September 30, 2026. C. Proposed Resolution No. R23-041- Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Palm Beach County Police Benevolent Association (PBA) - Captains for the term October 1, 2022, through September 30, 2025. Page 693 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 D. Approve the rankings as recommended by the Selection Committees and authorize City staff to conduct negotiations with Lori Lehr, Inc., the recommended top ranked proposer in response to the Request for Qualifications (RFQ) No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded. At completion of negotiations, the contract will be brought back to the Commission for approval. E. Proposed Resolution No. R23-042- Approve and authorize the Utilities Director to sign an Agreement for water and wastewater services with Colonial Estates, Inc. (PCN:0042-46-02-05-000-000) as the customer and the City of Boynton Beach. F. Approve Task Order 23-B-03 with Engenuity Group, Inc., in the amount of $73,272 in accordance with RFQ No. UTI -22-014, Professional Surveying and Mapping Services, awarded by City Commission on June 21st, 2022 to provide professional surveying services, for the road and sidewalk rehabilitation of the roads in the Cherry Hills, Ridgewood Hills, and Ridgewood Manor subdivisions. G. Legal Expenses — February 2023. Information at the request of the City Commission. No action required. H. Approve the updated Personnel Policy Manual now known as Employee Handbook. Vice Mayor Turkin pulled item 6B. Motion: Commissioner Cruz moved to approve the consent agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6B. Proposed Resolution No. R23-040- Approve, ratify and authorize the City Manager and Mayor to sign the Collective Bargaining Agreement between the City and the Boynton Beach Association of Fire Fighters Florida Local 1891 of the IAFF for the term October 1, 2023 through September 30, 2026. Tennille DeCoste, Human Resources Director, discussed the following: background; changes; and savings. Commissioner Hay asked where this puts the Fire Department with full staffing. Chief Hugh Bruder spoke about the additional positions in the next fiscal year. He said that they will still be short on Firefighters. 12 Page 694 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 Mayor Penserga asked about the status of overtime. Chief Bruder stated that there has been a dramatic reduction of overtime. He said that they are at their budgeted amount for the year, but that there were the two hurricanes and also individuals on light duty that affected this. He spoke about operations and handling duties by other positions, and being more efficient. Vice Mayor Turkin stated that Boynton Beach has been a destination City for Firefighters. He spoke about them helping the community during the hurricanes. He asked that they do a cleanup day in the City, as a union. Chief Bruder said that they would be happy to do that. He stated that he vowed to make this the best City in the world and he is committed to that. Commissioner Kelley said that she is looking forward to the staff changes for year 2. She asked if the Mental Health Program is going and what are the updates. Chief Bruder spoke about losing a Lieutenant to suicide in his previous Dade County position. He said that they work very closely to develop this program and it is one of the best in the world. He stated that their peer support team is available 24/7. He mentioned that he has been chosen to sit as the Chair for the PBC Mental Health Program and mirror the City's program for the whole County. He said that they cannot do anything without the support of the Commission, so he thanked the Commission for this. He mentioned opening this program up for everyone in the City. Commissioner Hay stated that he would like to have a conversation with the Chief regarding mental health. Motion: Commissioner Cruz moved to approve Resolution No. R23-040. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve Task Order P-03-2023 for $194,517.50 for All Counties Painting, LLC to pressure wash, prime and paint 5 facilities at 124 East Woolbright Road (Administration Building) and 1620 S. Seacrest Boulevard (East Water Treatment Plant). B. Proposed Resolution No. R23-043- Approve and authorize the City Manager to sign a piggy- back agreement utilizing the Broward County School Board bid for Storm Sewer & Sewer Main Cleaning & Repairs (FY 20-210) with Shenandoah General Construction LLC. of Pompano Beach, FL and authorize 13 Page 695 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 the City Manager to issue a purchase order for work that includes, but not limited to, cleaning and video recording sanitary sewer mains throughout the Utilities service area for condition assessment of the sanitary sewer gravity system, in the amount of $100,000.00. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report- None 10. Unfinished Business A. Continue discussion on adding a Sister City in Ukraine. Svetlana Rahmer spoke about her degree history, and her connection with Ukraine, and the organizations that she is a part of. She spoke about the Sister Cities in Ukraine Projects; reform; decentralization; 65 communities that are vetted and ready to enter into a mentorship with an American City; successful communities that are a part of the Sister Cities; and encouraging the City to enter into this program. Mayor Penserga asked how a Sister City would be selected and what are the responsibilities of the partnership. Ms. Rahmer stated that she would make recommendations, but there are 65 communities to choose from. She said that there should be a letter of intent that would be forwarded to the Ukrainian community, and that there is an agreement template that she has. She said that they would like to learn from our City, in a mentorship program. She gave examples of what other communities are doing. Vice Mayor Turkin asked about the funding from the Department of State. Ms. Rahmer stated that the overall program funds is close to $75 million, but not all of it is in the Sister Cities project. She said that all of the funding goes to the hands of the Ukrainians, and that our City would not have to give any funds, unless they want to. She said that conversations are happening virtually and digitally. Vice Mayor Turkin asked that if there is a need for a residential advocate from the City, that 14 Page 696 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 would be able to help. Ms. Rahmer responded yes, and explained what the usual advocate is. Mayor Penserga asked about the benefit to the City. Ms. Rahmer stated that there is a great deal of learning, and she spoke about Sister Cities International. She explained different things that Ukrainians are learning from our Country. Mayor Penserga asked what the relationship is with Sister Cities International. Ms. Rahmer stated they are an independent organization, and that you do not have to be a part of Sister Cities International. Commissioner Hay asked how many Sister Cities does Boynton Beach have right now. Assistant City Manager Matos stated that we have 4 Sister Cities currently. Commissioner Hay asked if there has been an expense to us, and what are the funds for. Jeannie Havelin, Boynton Beach Sister Cities, stated that there is $1,500 budgeted right now, $900 is for the Sister Cities International for filing the Annual State Report, and the rest is used for hospitality expenses for visiting delegations. She said that it has not increased despite of inflation. She named the 4 Sister Cities that we currently have. Commissioner Hay stated that he sees this as an opportunity to help support the Sister Cities programs. He asked about impact from Ukraine, since the war is happening. Ms. Havelin stated that she is not sure if there is U.S. funding available through the Sister Cities International. She said that this is a different type of program. Vice Mayor Turkin clarified that the two programs are different. He invited Andre Rivera, a resident advocate for this program, to speak. Andre Rivera spoke about his connection with Ukraine. He said that he thinks that both organizations could overlap. Vice Mayor Turkin stated that Boynton Beach Sister Cities was uncomfortable moving forward with Ukraine, which is why Sister Cities of Ukraine was brought in. He spoke about the area he would like to focus on. Ms. Rahmer stated that they have a recommendation in the area where Vice Mayor Turkin would like to focus on in the Ukrainian costal region. Commissioner Kelley said that this is opportunity for us to mentor a community that is in 15 Page 697 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 need. She stated that her questions were all answered. Mayor Penserga said that he is comfortable using this program with a city in Ukraine. He asked to have a profile of cities that they can choose from, and to make sure that we know what we are willing to commit to this. Commissioner Hay asked us what would prevent us to consider two Sister Cities, not both located in Ukraine, since there is no obligation of funds. Mayor Penserga asked that our local Sister Cities be involved. Ms. Havelin said that she is excited about this and that we can work together on this. Mr. Rivera stated that his nonprofit has the budget to travel to Ukraine, if needed. Vice Mayor Turkin asked Chief Bruder and Chief DeGiulio if they would be open to meeting with people in their positions in a Ukraine city, to mentor them. Ms. Rahmer stated that they have contracted translators. Chief Bruder responded yes. Chief DeGiulio said that they have done it before and are willing to help it move forward. Mayor Penserga asked that we see if other departments are okay with helping out. Commissioner Kelley asked that the city in Ukraine let us know what kind of mentorship they would like from us. Commissioner Cruz recommended identifying a city and then find out what the city needs. Ms. Rahmer stated that there are 10 cities that are in that area that was preselected. She recommends to move slowly and do one mentorship relationship at a time. There was consensus to have staff come back with possible cities. 11. New Business A. Proposed Resolution No. R23-044- Approve and authorize the Mayor to Sign a Sports Facility Use Agreement with Athletic Angels Foundation, Inc., a Florida Not for Profit Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little League Park. Item 11A was heard before Consent Agenda. Page 698 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 11 B: FLC Conference Discussion Commissioner Kelley stated that there needs to be consensus of the Commissioners of who is going, ahead of time, so that they can get in on the early registration fees. Consensus was reached to determine who is going ahead of time. 12. Legal A. Pursuant to Section 286.011(8), Florida Statutes, request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Natalie Flake, Plaintiff, vs. City of Boynton Beach, Defendant — Palm Beach County Circuit Court Case Number: 50-2021-CA-006932-XXXX-MB City Attorney Cirullo read the title into the record. He stated who would be in attendance and noted that the meeting will last approximately 45 minutes to an hour. He stated that it would be noticed, as required. 13. Future Agenda Items A. Review Advisory Board Ordinance, requested by Commissioner Kelley. -April 18, 2023 B. Red Light Camera Update Presentation, requested by Commissioner Hay - April 18, 2023 C. Consider revised local rules for approval. - TBD D. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD E. Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin - TBD F. Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay- TBD G. Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD H. Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD 17 Page 699 of 1165 Meeting Minutes City Commission Meeting Boynton Beach, FL April 4, 2023 I. Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD J. Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD K. Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:35 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 18 Page 700 of 1165 7.A. Requested Action by Commission: Approve Amendment No. 1 to Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of $47,100 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant for a total Purchase Order amount of $165,140.00 and not to exceed $200,000 per the City of Boynton Beach General Consulting Services Contract 046-2821-17/TP. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support Utilities Capital Improvement Projects (CI P) by issuing Task Order UT -3E-04 to West Architecture + Design, LLC to provide professional services for the Water Quality Laboratory Improvements project at the West Water Treatment Plant (W WTP), 5469 W. Boynton Beach Boulevard. The current water quality laboratory located at the West Water Treatment Plant (W W TP), 5469 W. Boynton Beach Boulevard, is reaching the end of its useful life and is in need of renovation. Implementation of the Water Quality Laboratory Improvements project will provide necessary upgrades to the current facility and will allow the City to continue to perform daily water quality testing, maintain laboratory certification, and avoid more costly repairs in the future. The additional professional services to be provided by West Architecture + Design, LLC, as defined in the scope of work for Amendment No. 1, include architectural and engineering design services for a commercial kitchen, upgraded Uninterruptible Power Supply (UPS) system, and coordination with other plant projects to comply with the Florida Building Code. This additional scope is needed as the West Plant has operators on site 24/7 and operations and Maintenance staff are under plant lockdown during Hurricanes and other emergencies. Original amount $118,040.00 Amendment # 1 $ 47,100.00 Total $165,140.00 How will this affect city programs or services? Implementation of the project will allow the City to continue to provide a high level of service to our residents and businesses, perform daily water quality testing, maintain laboratory certification, and comply with all regulatory requirements. This project also allow water treatment plant staff to utilize the facilities while under emergency lockdown conditions. Fiscal Impact: Funding is available in the Utilities CI P in the following account: 403-5000-533.65-02. Alternatives: Do not approve the amendment. Strategic Plan: High Performing Organization, Public Health and Safety Page 701 of 1165 Strategic Plan Application: The project allows for the lab staff to meet the requirements for raw and drinking water analysis for public health and safety. Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Quotes D iw"LA1Ml[i s(:, Order Description WEst Arc FliroIl:.)osal VVE.'StAirc Purchase Order Page 702 of 1165 Professional Services Supplemental Authorization Project No. A22-024 Contract No. A22 -024-B Title BB Utilities WWTP — Issue Date 03-21-23 Water Quality Lab Email PrymasA(c�bbfl.us Improvements & Misc. Upgrades to West Water Treatment Plant Address 5469 West Boynton Beach Blvd. Subject: Architectural and Engineering Services City, State, Zip Boynton Beach, FL Task Order # UT -3E-04 Contact Peter Ganci, Assoc. AIA, LEED AP BD+C Contact Angela Prymas, P.E. Title Principal Title Project Manager Company West Architecture + Design, LLC Company City of Boynton Beach Boynton Beach Utilities, Engineering Address 820 N 4th St Address: 124 E. Woolbright Rd.. City, State, Zip Lantana, Florida 33462 City, State, Zip Boynton Beach, Florida 33435 Phone 561-588-2027 Phone 561-742-6421 Email pganci(@west-arch.com Email PrymasA(c�bbfl.us In accordance with the terms of the original master services agreement for Continuing General Consulting Services for RFQ#046-2821-17-TP dated: August 22, 2018. and the Standard Form of Agreement Between Owner And Architect ("Agreement") and Purchase Order, P.O. # 221711, made on the 11th day of August 2022, between City of Boynton Beach ("Client"), and WEST ARCHITECTURE+ DESIGN, LLC, ("Architectural Firm"), for professional Architectural and Engineering services relating to the Boynton Beach Utilities WWTP — Water Quality Lab Improvements & Misc. Upgrades to West Water Treatment Plant ("Project"). Project: Located at 300 W Woolbright Rd., Boynton Beach, FL 33425. West Architecture + Design, LLC. 820 N 4th St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-a rch. corn Page 1 of 3 Initial. Page 703 of 1165 Below is a list of the Additional Services requested for this project: Additional Design Services for the following items: 1. Commercial Range and Hood A. Included is the design services required for in reference to the new range and oven, i.e., hood with the fire suppression system, any structural considerations for roof penetration, changes in AC & electric, changes in plumbing for grease collection requirements, etc. B. Included are the design services for the sample refrigerator. C. Included are signed and sealed Engineered Hood Shop drawings for permit. D. Lunch Room 1) Provide Commercial Grease Exhaust Hood type 1 design 2) Provide grease duct specifications and routing for grease fan. 3) Adjust the new specified air conditioning to grantee positive pressure for the facility based on new exhaust being added. 4) Provide all electrical connections for new hood. Fire alarm (by others) E. Lunch Room Grease trap 1) Provide under sink grease trap, all piping and calculations. F. Electric Range 1) Provide all electrical connections for new range. G. New Refrigerator 1) Provide new refrigerator w/ ice maker. 2) Provide cold water line connection. 3) Relocate power to refrigerator if needed. Upgraded UPS system A. Include the UPS location and sizing with the lab project and have the UPS sized by an engineer since there are changes to the labs electrical needs. B. Location and sizing of a new UPS to replace existing Lab UPS. C. Client Responsibility: 1) Provide one site meeting with Engineer and UPS rep. (Site visit completed (03-10-2023) 2) Provide worksheet with UPS requirements and to include the existing info on the ups to size properly. (Awaiting information) 3) Meeting to discuss UPS location. (Completed) 4) UPS sizing 5) UPS battery 6) UPS by-pass system. 7) Monitoring and notification. (Need contact number to add to ups system notification.) D. UPS System 1) Remove old UPS system complete. 2) Provide new 20kva single phase 208v UPS (TBD) and all associated panels, bypass, batteries and communications. UPS and equipment to be located per Original scope of work. Batteries to give approx 12-15 minutes. 3) Relocate all existing branch circuits presently on the old UPS and relocate to new UPS panel. Provide new conduit, feeders, breakers and transformer as needed. 4) New UPS to have the #1 Specimen refrigerator #MR45-SS-GARE-FS to be connected to the new UPS system. 5) Provide new 100a 42 circuit single phase 208v panel. (TBD) Tie to the new UPS bypass for West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 2 of 3 Page 704 of 1165 the new UPS system to control when a power outage occurs. New panel to accommodate the existing, new and future Loads that will be on UPS system. 6) New UPS to have the #9 existing relocated AA Spectrometer #900 to be connected to the new UPS system. 7) Provide new 42 circuit single phase 208v panel. (TBD) Tie to the bypass for the new UPS system to control when a power outage occurs. New panel to accommodate the existing, new and future Loads that will be on UPS system. 8) Coordinate air-conditioning in the UPS room and upsize as needed. Additional Coordination: A. Included is design services for coordination with other projects. Including unforeseen / unexpected issues due to field changes, etc. B. These services shall be on an hourly as needed basis with a not to exceed max. These services shall be approved by the City's project manager prior to proceeding with the work. 4. Updated project estimate Below are our fees for the Task as noted above. Any additional modifications will be hourly, based on the hourly rates included in the original agreement noted above. Compensation shall be as follows: Additional Design Services for the following items: 1. Commercial Range and Hood $ 11,000 2. Upgraded UPS system $ 11,460 3. Additional Coordination $ 20,440 4. Updated project estimate $ 4,200 $ 47,100 (Hourly, not to exceed) Notes: 1. All Additional Site Visits for (3) disciplines ($2,500 per visit) 1. All terms and conditions from the original agreement apply to this Professional Services Supplemental Authorization. Upon return of a fully executed authorization, this service shall become a part of the Agreement identified above. Client: City of Boynton Beach Public Works, Engineering Architectural Firm: West Architecture + Design, LLC Angela Prymas, PE Peter Ganci, Assoc. AIA, LEED AP BD+C Project Manager Principal (Signature) (Date) (Signature) (Date) West Architecture + Design, LLC. 820 N 4t" St., Lantana, Florida 33462 / Phone: 561-588-2027 / Fax: 561-582-9419 License No. AA26001503 / www.west-arch.com Initial. / Page 3 of 3 Page 705 of 1165 L 0 0 0 0 0 0 0 Lli r N LL1 -0 co cli 7 N a m E Cl) CO CO N L V N .O J L O E � r LL f- Cd, � i O a` Q d m R N E _N O > uj O m > N Y pz CD 00 �``u�44II�11��� J d LL __j N `y O T N N � m fC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q Na y N Z E m to .+ R y Z R •O d � r U) N a` _ •R m O O O O O O R t E NJ X00 IFn U Q U a w N Y pz CD 00 �``u�44II�11��� J d LL __j N `y m T N N � L mJ i a s N LL i a J N O W O L V = O d m N 3 E - j O m m �+ 0 O ';5 d L y N a CL i M C "T m O i Q m E 5 O Lo co fC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L Na o J J Z N R V to .+ d (� •O d � r ER EF3 EJ -7 EF? 69 Eft ea EA N a` ¢ U fC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L 0 0 0 0 0 0 0 E J J E � co N cv o N I r r r r hD '^ V/ 0 t N O u O ER EF3 EJ -7 EF? 69 Eft ea EA N a0+ O O O O O O ++ :1.00 ..c u 00 Q m O O O O O O M a)++MLr) NQ 0 6 6 O O O NJ X00 IFn _ \V LL (D LP) L ++ Lf) �jcD (D pz :Lt) O C O 00 �``u�44II�11��� J d LL __j O �,'MIIIIIIII���� � was II��W O . 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BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 17254 TO: WEST ARCHITECTURE + DESIGN, LL 820 N. 4TH STREET LANTANA, FL 33462 P,,O,, 4. 221711 DATE: 08/11/22 SHIP TO: City of Boynton Beach WEST WATER ADMIN 5469 W. BOYNTON BCH BLVD, BOYNTON BEACH, FL 33437 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 118040.00 DL TASK 1 A/E DESIGN 1.0000 Task 1 A/F Design Task 2 Permitting Assistance Task 3 Bidding Assistance Task 4 Construction Administration REMARKS: CONSULTING SERVICESI TASK ORDER UT -3E-04 BOYNTON BEACH WWTP WATER QUALITY LABORATORY IMPROVEMENTS & MISCELLANEOUS UPGRADES BASED ON RFQ 047-2821-17/'I'P GENERAL CONSULTING SERVICES CONTRACT SCOPE E. THIS TASK ORDER IS FOR THE PROFESSIONAL SERVICES TO BE PROVIDED BY WEST ARC14ITECTIJRAL + DESIGN, LLC TO INCLUDE ARCHITECT AND ENGINEERING DESIGN, PERMITTING, BIDDING ASSISTANCE, AND BASIC CONSTRUCTION ADMINISTRATIVE SERVICESS FOR INTERIOR RENOVATION AND AND IMPROVEMENTS TO THE EXISTING WATER QUALITY LABORATORY AND MINOR UPGRADES TO THE REMAINDER OF THE WATER TREATMENT FACILITY. COMMISSION APPROVED TASK ORDER ON 8/2/2022 CONTRACT TERM 8/22/2021-8/21/2022 PROCUREMENT SERVICES: FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS CERTIFICATE NO, 85-8012621544C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES, TICKETS, INVOICES, STATEMENTS, AND THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. FEDERAL EXCISE TAXES: WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 118040.00 118040 00 1.RENDER SEPARATE INVOICE FOR THIS ORDER OR FOR EACH SHIPMENT THEREON IMMEDIATELY FOLLOWING SHIPMENT, 2PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. 31NVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 707 of 1165 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt, I D# 85-8012621544C-0 Acceptance of Contract: This order is the City's offer to purchase the goods and/or services described on the reverse side from the Vendor. The City's placement of this order is expressly conditioned upon the Vendor's acceptance of all the terms and conditions Of Purchase contained on or attached to this Purchase Order. Amendments: No agreement or understanding to modify this contract shall be binding upon the City unless in writing and signed by the City's authorized agent. All specifications, drawings, and data submitted to the Vendor with this order are hereby incorporated and made a part hereof. Compliance with Laws: The Vendor certifies that in performing this contract, they will comply with all applicable provisions of the federal, state and local laws, regulations, rules and orders. Delivery: All prices must be F.O.B. destination. Time is of the essence on this contract. If completed deliveries are not made at the time agreed, the City reserves the right to cancel or purchase elsewhere and to hold Vendor accountable, If delivery dates cannot be met, Vendor agrees to advise the City, in writing of the earliest possible shipping date for acceptance by the City. Inspection: Goods and Material must be properly packaged. Damaged goods and materials will not be accepted, or if the darnage is not readily apparent at the time of the delivery, the goods shall be returned at no cost to the City. The City reserves the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. Laws Governing: This contract shall be governed by and construed according to the laws of the State of Florida. Venue for any action related to this Agreement shall be in the Circuit Court for the 15th Judicial Circuit, Palm Beach County, Florida. Material Safety Data Sheets: Proper Material Safety Data Sheets, in compliance with OSHA's Hazard Corn muni cations Standard, must be provided by the Vendor to the City at the time of purchase or delivery. Patents and Copyrights: If an article sold and delivered to the City hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless the City from and against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whomsoever on account of the use or sale of such articles by the City in violation or right under such patent or copyright. Payment: All invoices shall be addressed to the ordering department, City of Boynton Beach, P.O. Box 310, Boynton Beach, FL 33425-0310 as indicated on the front of this Purchase Order and must include Vendor's name and phone number, and clearly list quantities, item descriptions and units of measure. Public Records: The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the 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 Public Records (cont.) 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 STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERKS OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@BBFL.US E -Verify: By accepting this Purchase Order, Vendor/Contractor and any sub -contractors related to this purchase becomes obligated to comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registration and use of the E -Verify system. Please contact the Purchasing Division for more information if you are unsure of the requirements this imposes. Risk of Loss: Vendor agrees to bear all risk of loss, injury, or destruction of goods and materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Vendor from any obligations hereunder, 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. Uniform Commercial Code: All applicable portions of the Florida Uniform Commercial Code shall govern this contract with the City Warranty: The Vendor warrants to the City that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any drawings, specifications or standards incorporated herein, and/or defects in materials, workmanship, and free from such defects in design. In addition, Vendor warrants that the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. Termination: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience, Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause, the effective date of the termination, and the extent of termination. Contractor shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 708 of 1165 NO Requested Action by Commission: Approve the purchase of eight (8) replacement vehicles that were approved in the FY22-23 budget for an estimated amount of $786,112 by utilizing the City of Tallahassee Contract 5179-2023, Florida Sheriff's Contract FSA22-VEH2O.0, and Bradford County Sheriff's Contract 22-27-1.0. Explanation of Request: The Public Works Fleet Division recommends the purchase of eight (8) replacement vehicles. Attached is a spreadsheet indicating proposed replacement type, number of units ordered, user department, bid/contract information and projected cost. • City of Tallahassee Contract #5179-2023 (Effective January 1, 2022— December 31, 2025) • Florida Sheriff's Association Contract #FSA22-VEH20.0 (Effective October 1, 2022 - September 31, 2023) • Bradford County Sheriff's Contract #22-27-1.0 (Effective September 12, 2022 — September 11, 2027) The Fleet Maintenance Division intends to award the following vendor for the purchases as follows: 1. Alan Jay Fleet Sales for one (1) Ford F-350 Regular Cab Chassis, Stake Body truck in the amount of $74,658 for Solid Waste, one (1) Ford Transit T-250 Cargo Van in the amount of $64,288.00 for Facilities, and one (1) Chevy Silverado 1500 in the amount of $43,585 for Recreation. These units utilize the City of Tallahassee Contract 5179-2023. 2. Rechtien International Trucks for one (1) Grapple Truck in the amount of $208,661, and one (1) Roll Off Truck in the amount of $196,021 for Solid Waste. These units utilize the Florida Sheriff's Contract FSA22-VEH2O.0. 3. Duval Ford for one (1) Ford Super Duty F250 in the amount of $59,943.62, and two (2) Ford Super Duty F350's in the amount of $138,955.31 for Parks and Grounds. These units utilize the Bradford County Sheriff's Contract #22-27-1-0. In addition, we are requesting an additional twenty-two (22) percent per vehicle increase due to the long lead times and receiving newer models being delivered. We have the option to refuse the vehicles when they are delivered during inspection. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents and customers. Fiscal Impact: FY 22-23 budget has the funds appropriated for these purchases of appro)amately $786,112. Alternatives: Page 709 of 1165 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Page 710 of 1165 Type Description D A ftac h IITIEIIrI Vdhidle PumhasesIF:::Y22 2'13 Spir(.:Iadsheet. D Contract City of Tallahassee Contract5179 20213 D Contrad �F I Sh(,)iriff's Associaboin Contract IFSA22 VEI 120. 0 D Contract Biradfoird 1:3heirlff's Coln tracL IBCSO 22 27-1.0 D OuoteS Solid Waste� Stake Body Alain Jay C.L10te $74,658 D QUOI('S Solid Waste Girapple Rechhein Quote $208,661 D QUOI(eS Solid Waste 1FRolll Off F:luirdhase ... 1FRedhbleirl ('.)ude $196,021 D QLAOteS (:m, -d Transit for F:::adilhifiesAlain Jay Quote $64,288 D QLAOteS CAhevy Sllv(..,irado 1500 foir FRecireation Alaill Jay Quote $43,585 D Quotes F::bird 143)upeir [Xity F::250 for Pairks I um,31 F:::oird Quiote $59,943.62 D OLIOteS Foird Uper IDu.ity IF350 foir lFlarlks D. ..jval IFoird Qu iote $138,955.31 Page 711 of 1165 M N O N N N O LL CD N V L a N d V d LL J Q O O O O O O O (D O O N tD r M N r 0 00 r r Cq 00 00 N 00 M Lo Ln r ~ tLr)0 ti t0 0 O N N 0't 1 O 00 ~ O N 01 r to N M r 61) d L U 0 O 0 O o O rn (N r CO O I, 0) Ln rn r O o Lli U rn i Lfi Z N N O N O r t0 r t0 N to O IL O = U O O O O O O O O O O M M 00 T Lo 00 Q O N 01 0 0 to N to t G LU M (0 O M t0 N L, N 00 0) a M It co I* to 04 0 U N N d N O O7 m d N 0O d N O it k U N N O N O w 0 N O O N N T N N O ""' 01 C L ""' R O: L � U N i U N R L n m L = C C ~ R— L OLn = Z OLL,= .2k to U U U U 0os V 0 R � 'o 'D p 0 m R N Q O N N Q O w Y C y r R y r m U U LL Q Lyl LL Q Lyl _ U U _ U U m N N m N N ) � Z C W 0 0 N ns N R N OS N C a A2 ca oti d 2 2 2 V V W O N (n cn LL D: L a L a LO N V Y <C R L Q L O. LL W 'a H Of D 'a 'a O LL U Q LL O U O LL LL M Q C,4 CL 03 O O Cl) O N N r N N (n N V L C9 O N 07 O N 0 0 N N 0 N N r r v m �i L LL LL Z d 0) a Q 0) Ln d j.0 0) >� O Z� >> *10 C y Ix C 0 C 0 C N 0 C_ m 0cT)u0a C 3 3 FD d d d O>� m C ._ d R C ._ d R >� OS >� R O LL O LL Z d d >aU) C V N _ 0 0) = d a�n C a� > o > 0 AGREEMENT FOR NEW MUNICIPAL VEHICLES, CARS, VANS, SPORT UTILITY VEHICLES, AND LIGHT TRUCKS Agreement No. 5179 This Agreement for New Municipal Vehicles, Cars, Vans, Sport Utility Vehicles, and Light Trucks (the "Agreement") is entered into and effective this 13 day of 01 2022, (the "Effective Date") by and between the City of Tallahassee, a Florida municipal corporation (the "City"), whose principal place of business is 300 South Adams Street, Tallahassee, FL 32301, and Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales (the "Vendor"), whose principal place of business is 5330 US Hwy 27 South, Sebring, FL 33870. The City and the Vendor may be referred to individually as a 'Party" and together as the "Parties." 1. DEFINITIONS. Certain capitalized terms in the Agreement have the meanings set forth below. Other terms used in this Agreement, but not defined in this Section, are defined elsewhere within the Agreement. A. "Vehicles and Services" means the complete product line of new municipal vehicles, cars, vans, sport utility vehicles, light trucks with related equipment as sought in City Solicitation RFP No. 096 -21 -KM and more fully described in its Section 3, Scope of Work/Specifications. B. "Purchase Order" means the purchase order commitment for Vehicles and Services made by the City through a Purchase Order and subject to the terms of this Agreement. It is anticipated that this Agreement will be executed prior to the issuance of any Purchase Order or associated quote and build sheets. C. "Agreement Documents" are the City Solicitation RFP No.096-21-KM, its associated Scope of Work/Specifications and any associated addenda; the Vendor's Solicitation Response dated September 22, 2021, including any associated addenda and pricing sheets; and the Purchase Orders arising from this Agreement, including any associated quote and build sheets. These documents are incorporated by reference and made a part of this Agreement and given the same force and effect as if they were incorporated in full text. 1 Page 713 of 1165 2. ORDERS. A. City Solicitation RFP No. 096 -21 -KM sought multiple vendors for Vehicles and Services. Although the City plans to order needed Vehicles and Services under this Agreement, the City makes no commitment to order any minimum or maximum quantities from any Vendor or to place orders at all. This Agreement is non-inclusive. The City reserves the right to order or purchase from other vendors, manufacturers, dealers, and other local, state, or national government agencies and/or associations when deemed in the best interest of the City. Orders under this Agreement will be initiated, at the sole discretion of the City, by submitting a request for quote and build sheet (if applicable) to theVendor. B. Upon receipt of the completed quote and build sheet, the City and the Vendor agree to discuss production schedules, product availability, and due dates prior to ordering Vehicles and Services through a City Purchase Order. The Vendor's quote MUST be dated and reference the Agreement Number. C. Any future Vehicles or Services not currently available or offered can be added as they become available. 3. PURCHASES MADE BY OTHER PUBLIC AGENCIES. A. With the consent and agreement of the Vendor and the City, purchases may be made by other local, state, or national governmental agencies, political subdivisions, or other public entities under this Agreement. Purchaser(s) MUST contact the City's procurement office to request utilization prior to purchasing under this Agreement. Such purchases shall be governed by the same terms and conditions stated herein. (1) The City charges an administrative fee of $100.00 per vehicle sold. The Vendor shall be responsible for the reporting, collection, and remittance of the administrative fee(s) paid by other local, state, or national governmental agencies, political subdivisions, or other public entities to the City. Should any such purchases by other local, state, or national governmental agencies or political subdivisions be made, the Vendor shall submit a report of such purchase(s) within thirty (30) calendar days of receiving payment via email to kath .crura tal ov.com. The subject line of the email should r ference Reporting Administrative Fee - Agreement No. 5179 with a copy of the purchase order attached to the email. i Page 714 of 1165 (2) The Vendor shall remit all administrative fees received by Vendor prior to the end of the any fiscal quarter no later than ten (10) calendar days after the end of the fiscal quarter in which the payment was received to the following address: Fleet Management Admin Attn: Kathy Crum 400 Dupree Street Tallahassee, Florida 32304 Payments should be made by check with Payment Administrative Fee — Agreement No. 5179 referenced on the check. For questions, please contact: Kathy Crum - Fleet Management Contract Manager (850) 891-5229 B. This Agreement in no way restricts or interferes with the right of any local, state, or national government agency or political subdivision or other public entity to respond to any or all of these terms independently if required by law or to supplement the Agreement if a specific term is not addressed herein. 4. PRICES AND PAYMENT. A. Prices. The City agrees to pay the Vendor for Vehicles and Services ordered under this Agreement as set forth in the Vendor's price lists submitted as part of its Solicitation Response. The Vendor's pricing shall be updated accordingly based on pricing for the current year. Any and all future pricing MUST be approved by the Fleet Management Director. B. Pa Tent. All fees are due and payable in U.S. dollars. Payment for orders for Vehicles and Services will be made in accordance with the Local Government Prompt Payment Act (Section 218.70, et. seq., Florida Statutes), unless the Parties make other arrangements as documented either by addendum to this Agreement or through a Purchase Order. Under the terms of the Prompt Payment Act, the payment due date for a local government entity for the purchase of goods or services is 45 days after the date on which a proper invoice is received by the City or, if no proper invoice is received, the due date is calculated based on other trigger dates identified in Section 218.73, Florida Statutes. No C.O.D shipments will be accepted. If the City fails to make payment within the statutory time frame, the unpaid 3 Page 715 of 1165 amount shall bear interest from thirty (30) days after the due date at the rate of 1 % per month on the unpaid balance. (1) Disutes. In the event a dispute occurs between the Vendor and the City, the Parties shall attempt to settle the dispute informally and in good faith prior to instituting formal legal action. If the dispute is resolved in favor of the Vendor, interest shall begin to accrue as of the original date the payment became due. (2) Prolnvoice. Invoices may be submitted via E-mail to:_ invoices Vital qy. o with a copy to fleetadmin tal ov com or by mail to: City of Tallahassee - Accounts Payable — City Hall 300 S. Adams Street, Box A-28 Tallahassee, Florida 32301-1731 with a copy of the original invoice identified as a "copy" submitted to: City of Tallahassee - Fleet Management Administration 400 Dupree Street Tallahassee, Florida 32304 Any invoice or payment request which is received by the City must conform to the following requirements and contain the information listed below: a. The invoice must be in compliance with the terms of this Agreement; b. The invoice must be an original invoice; C. The invoice must not be under dispute; d. The invoice must include the authorizing City Purchase Order and/or Agreement number; e. The invoice must be dated; f. The invoice must include the number of the invoice to facilitate identification; g. The invoice must include the name and address of the Vendor; and provide the remittance address for payment, if different; h. The invoice must include the Purchase Order or Schedule line item number, including a description, quantity, unit of measure, until price, and extended price of the item; The invoice must include the terms of any prompt payment discount offered; and The invoice must include Vendor' Federal Identification Number (if applicable). 4 Page 716 of 1165 C. Payment Methods. The City may pay invoices via wire transfer, check, or ACH transfer. Subscription Services may also be paid by credit card. D. Taxes. Amounts quoted by the Vendor do not include any applicable taxes or similar fees now in force or enacted in the future resulting from any transaction under the Agreement unless otherwise expressly stated. The Vendor understands that the City is entitled to an exemption from any applicable taxes and shall provide the Vendor with a valid exemption certificate upon request. 5. DELIVERY, INSPECTION, AND ACCEPTANCE. A. Delivery does not constitute acceptance for the purpose of payment or warranty start time. The City shall inspect all Vehicles or Services to determine whether such Vehicles or Services meet all specifications and requirements set forth in the Agreement Documents. The City agrees to notify the Vendor within three (3) days of delivery or completion of Services if the Vehicles or Services do not meet all specifications and requirements for acceptance. B. The Vendor shall deliver the Vehicles or Services in accordance with the terms and time frame listed on the quote. Should there be an issue with delivering the Vehicles or Services in the time frame listed on the quote, the Vendor and City agree to discuss, and confirm in writing, a mutually acceptable time frame. In the event delivery of the Vehicles or Services is delayed past the agreed upon time frame, the Vendor agrees the City has the right to cancel the order and obtain the Vehicles or Services elsewhere without penalty to the City. C. The Vendor shall deliver all Vehicles or Services FOB to: City of Tallahassee- Fleet Management 400 Dupree Street Tallahassee, Florida 32304 Equipment shall be delivered with the following documents completed or included: a. Any and all applicable documentation required by the Florida Department of Highway Safety and Motor Vehicles; b. Temporary registration and tag (when applicable); C. All manuals (electronic & paper Copy); d. All warranty certifications; e. Original Invoice; f. A copy of pre -delivery service report; 5 Page 717 of 1165 g. A copy of applicable equipment specifications; and h. A copy of build sheet or documentation that verifies what components are included on the equipment being delivered. 6. WARRANTY. The warranty becomes effective when the Vehicles or Services are put into use by the City or at a maximum of thirty (30) days after delivery, whichever occurs first. 7. TERM. A. Initial Term. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of three (3) years (the "Initial Term"). B. Extension Term. Upon written, mutual agreement by the Vendor and the City, this Agreement may be extended at the conclusion of the Initial Term for an additional two (2) years (the "Extension"). The Vendor and the City must agree to extend the Agreement no later than thirty (30) days prior to the expiration of the Initial Term of the Agreement. 8. TERMINATION. A. Termination for Cause. If the Vendor fails to fulfill any of its obligations under this Agreement and does not cure such default within thirty (30) days after receipt of written notice from the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend performance under this Agreement or to terminate this Agreement, in whole or in part, wholly at the City's discretion. B. Termination for Convenience. Additionally, the City shall have the right to terminate this Agreement for convenience, in whole or in part, upon 90 -day notice, without the Vendor being in default thereunder. In the event of termination for convenience, the City shall pay the Vendor (i) the full amount due for services satisfactorily rendered, (ii) approved costs and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed by the parties. C. Termination Process. Termination shall be effected by (i) delivery of written notice to the Vendor from the City specifying whether termination is for default or convenience, (ii) providing detail as to the extent to which services under this Agreement are to be terminated, and (iii) specifying the date 0 Page 718 of 1165 upon which such termination becomes effective. After receipt of the written termination notice, and except as otherwise directed in writing by the City, the Vendor shall promptly stop work under this Agreement on the date and to the extent specified in the termination notice, terminate all subcontracts that relate to the performance of the services terminated by the termination notice, and complete performance of any services which have not been terminated. In the event the Agreement is canceled for default under the Agreement, the City may withhold funds owed to the Vendor in an amount sufficient to compensate for actual damages suffered from the default resulting in termination of theAgreement. 9. FINANCIAL CONSEQUENCES OF NON-PERFORMANCE. A. The City may apply financial consequences if the Vendor fails to perform in accordance with the terms of the Agreement. If the Vendor fails to remedy performance deficiencies within thirty (30) days of being provided notice of such deficiency by the City, the Vendor may be assessed a non- performance retainage equivalent to 10% or $1,000.00, whichever is less, of the total invoice amount for the task or project. The retainage will be applied to the invoice for the then -current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may invoice the City for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the retained funds will be forfeited. B. The Vendor shall not be charged retained funds when the non-performance is a result of delay in delivery or performance arising out causes beyond the control and without vault or negligence of the Vendor due to manufacturer delays. To substantiate a delay in manufacturer product delivery, the Vendor is required to submit written proof of delay to the City in the form of a letter or email sent from the manufacturer to the Vendor. The City agrees that no retained funds will be withheld from the Vendor after written proof of the manufacturer's product delivery delay is provided to the City and, if necessary, regularly updated if the delay continues past any date which may be included in the written communication from the manufacturer. 10. LIQUIDATED DAMAGES. A. If the Vendor fails to provide the Vehicles or Services within the time specified in this Agreement, any applicable Purchase Order, or any negotiated extension, the Vendor shall pay the minimum sum of $100.00 for each calendar day of delay, not to exceed $1,500.00 per month, to the City Page 719 of 1165 as fixed and liquidated damages. In the event the City is penalized monetarily by federal, state, or local entities as a result of the Vendor delay, error, and/or poor performance issues, the Vendor may be required to reimburse the City the full amount of the assessed penalty. B. Alternatively, if delivery or performance is delayed, the City may terminate this Agreement in whole or in part, under the Termination provision in this Agreement. In the event of termination for delivery or performance delay, the Vendor may be liable for (i) reimbursement to the City for costs spent to procure the Vehicles or Services from another vendor or (ii) for payment of liquidated damages as provided in above until such time as the City may reasonably obtain delivery or performance of similar Vehicles or Services. C. The Vendor shall not be charged with liquidated damages, including if the City is penalized by federal, state or local entities, when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Vendor caused by delay in manufacturer product delivery. 11. INDEMNIFICATON. The Vendor shall hold harmless and indemnify the City and its officials, officers, and employees from all claims, damages, losses, expenses, suits or actions against all third - party claims, losses, expenses, suits, or actions against the City, including, without limitation, costs of defending the action and attorney's fees, to the extent the claims arise out of or result from the performance and furnishing of the work, services, materials, goods, or equipment under the Agreement (including, but not limited to, claims regarding defects in materials, goods, equipment, and patent infringement) and such claim is caused in whole, or in part, by any breach of contract, act, or omission of the Vendor, its subcontractors, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable. In any and all claims against the City, or any of its agents or employees by any employee of the Vendor, its subcontractors, anyone directly or indirectly employed by any of them of anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by limitation on the amount or type of damages, compensation or benefits payable by or for the Vendor or its subcontractors under any Workers' Compensation Act, Disability Act, or other Employee Benefit Act. 11 Page 720 of 1165 12. AVAILABILTY OF FUNDS. City funds may not be available for performance under this Agreement beyond September 30 of each year of this Agreement. The City's obligation for performance of this Agreement beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this Agreement beyond the referenced date until funds are made available. 13. NOTIFICATION OF INSOLVENCY. In the event the Vendor enters into a proceeding relating to bankruptcy or an assignment for the benefit of creditors, whether voluntary or involuntary, the Vendor agrees to furnish, by certified mail or other method authorized by the Agreement, written notification of the proceeding to the City. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing or transfer of legal and equitable title of assets to a third party under an assignment for the benefit of creditors. This notification shall include the date on which the bankruptcy petition was filed or the transfer consummated, the identity of the court in which the bankruptcy petition was filed or the name of the entity holding Vendor's assets, and a listing of City contract or purchase order numbers for all City contracts against which final payment has not been made. This obligation remains in effect until final payment of net receipts under this Agreement has been made to the Vendor. 14. CHOICE OF LAW AND VENUE. All questions concerning the construction, validity, and interpretation of this Agreement shall be governed by the law of the State of Florida. Any dispute arising out of, concerning, or relating to this Agreement between the Parties shall be resolved exclusively in a federal or state court of competent jurisdiction located in Tallahassee, Leon County, Florida. To the extent necessary, the Parties hereby submit to, and agree not to contest, the jurisdiction of such courts. The Parties also agree to waive any right to trial by jury in any dispute or litigation arising from, concerning, or relating to this Agreement. 15. REMEDIES. No remedy herein conferred upon any Party is intended to be exclusive of any other remedy. Each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at 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 9 Page 721 of 1165 exercise thereof. 16. NO WAIVER; SEVERABILITY; SECTION HEADINGS. No failure of either Party to exercise or enforce any of its rights under this Agreement shall act as a waiver of such rights. If any provision of this Agreement is determined in any proceeding binding upon the Parties to be invalid or unenforceable, that provision will be deemed severed from the remainder of the Agreement and the remaining provisions shall continue in full force and effect; provided however, that if a court by limiting such provision determines that the provision would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited so long as the result is consistent with the Parties' expressed intentions herein. The section headings in this Agreement are solely for the convenience of the Parties and have no legal or contractual effect. This Agreement is entered into by sophisticated entities with access to counsel and shall not be construed against either Party as the "drafting" party. 17. RELATIONSHIP BETWEEN THE PARTIES. The Vendor and the City acknowledge and agree that this Agreement is not and shall not be construed as an agreement of joint venture, partnership, agency, franchise, or employment between the Parties or their respective employees. For all purposes under this Agreement, each Party shall be and act as an independent contractor to the other and shall not be authorized to, and shall not, bind or attempt to bind the other to any contract oragreement. 18. NOTICES. All notices required to be given under this Agreement shall be given in writing and sent to the following: For the City: Attn: Fleet Management Director 400 Dupree Street Tallahassee, FL 32304 with a copy via email to: Jeffer .She and Vital ov.com For the Vendor: Attn: Chris Wilson 3003 US Hwy 27 South Sebring, FL 33870 with a copy via to: Chris.Wilson o Al p4gy,com All notices shall be given by certified or registered mail, overnight carrier, or personal delivery. Such notices shall be deemed given on the date of receipt of delivery of (or refusal to accept) said notice. Notwithstanding the foregoing, any day-to-day operational correspondence may be made by phone, email, or other mutually agreeable mechanism. 10 Page 722 of 1165 19. ASSIGNMENT. Neither Party may sell, assign, or transfer this Agreement without the prior written consent of the other Party; provided, however, that either Party may (with notice but without the prior consent of the other Party) assign this Agreement by operation of law, pursuant to a merger or acquisition of all or substantially all of its stock or assets, or to its affiliate. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. The Vendor shall notify the City, in writing, thirty (30) calendar days prior to any assignment or transfer as allowed by this paragraph. 20. PUBLIC RECORDS. The Parties acknowledge that the City is a governmental entity and is subject to Florida's Public Records Law, Chapter 119, Florida Statutes. The Parties further acknowledge that some, or all, of the information, materials, documents provided to the City by the Vendor may be public records and, as such, may be subject to disclosure to, and copying by, the public unless otherwise exempted by statute. This provision shall constitute the City's sole obligation relating to maintaining confidentiality of any information or proprietary material of any kind submitted by the Vendor. The Vendor also recognizes that by doing business with the City, its records relating to the Agreement may also be subject to the Public Records Act. 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, the Vendor may contact the City's Custodian of Public Records at: City Treasurer -Clerk (850) 891-8130 records tal ov.com Mailing Address: City Hall 300 S. Adams Street c/o Records Division, Box A-31 Tallahassee, Florida 32301 21. SUBCONTRACTORS. Subcontractors are not allowed under this Agreement. 22. FORCE MAJEURE. Neither Party shall be liable for non-performance or delay, other than the payment of fees due hereunder, due in whole or in part to any Force Majeure Event. Force Majeure Event shall be defined as occurrence of an event which is outside the reasonable control of a party and 11 Page 723 of 1165 which prevents that party from performing its obligations under a contract. In the event a Party is hindered or prevented from performing hereunder due to a Force Majeure Event, such Party shall notify the other Party of the Force Majeure Event and the extent of its suspension as soon as reasonably practicable. Failure to give notice as timely as practicable under the circumstances shall result in the forfeiture of a Party's right to suspend its obligations hereunder. If a Force Majeure Event prevents, hinders, or delays performance of a Party's obligations hereunder for more than thirty (30) days, the Party not prevented from performing may, at its sole option, terminate this Agreement upon notice to the other Party. 23. INSURANCE COVERAGE. Prior to commencing work, the Vendor shall procure and maintain, at the Vendor's own cost and expense, throughout the Term of the Agreement, the following types and limits of insurance coverage in relation to the performance of work or provision of services hereunder by the Vendor, its agents, representatives, employees or subcontractors. A. Commercial General/Umbrella Liabili Insurance. $1,000,000 limit per occurrence for property damage and bodily injury. The Vendor should indicate whether the coverage is provided on a claims -made or, preferably, on an occurrence basis. The insurance shall include coverage for the following: Premise/Operations; Explosion Collapse and Underground Property Damage Hazard (only where applicable to the project); Products/Completed Operations; Contractual; Independent Contractors; Broad Form Property Damage; and Personal Injury. B. Business Automobile/Umbrella Liabilit Insurance. $1,000,000 limit per accident for property damage and personal injury, including coverage for: Owned/Leased Autos; Non -owned Autos; and Hired Autos. iz Page 724 of 1165 C. Workers' Com ensation and Em to ers'/Umbrella Liabili. Insurance. Workers' Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers'/Umbrella Liability coverage for $1,000,000 per accident. Workers' Compensation coverage is required as a condition of performing work or services for the City whether the Vendor is otherwise required by law to provide such coverage. D. Commercial General Liabilit and Automobile Liabilit Covera e. The City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers (together, "City Insureds") are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, leased, or used by the Vendor; or premises on which the Vendor is performing services on behalf of the City. The coverage shall not contain special limitations on the scope of protection afforded the City Insureds. The Vendor's insurance coverage shall be primary insurance for the City Insureds. Any other insurance or self-insurance maintained by or on behalf of the City Insureds shall be excess of the Vendor's insurance and shall not contribute to it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City Insureds. Coverage shall state that the Vendor's insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability. E. Worker's Com Densation and Em to ers' Liabili and Pro ert Covera e. The insurer shall agree to waive all rights of subrogation against the City Insureds- for losses arising from activities and operations of the Vendor in the performance of services under this Agreement. F. Gara a Liabiliy Coverage. A minimum of $1,000,000.00 limit per occurrence. G. Gara a Kee ers Covera e. A minimum of $500,000 per accident. 13 Page 725 of 1165 H. All Covera e. Each insurance policy shall name the City as an additional insured. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City Contract Administrator. If the Vendor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, it shall be deemed a material breach of the Agreement. The City, at its sole option, may terminate this Agreement and obtain damages from the Vendor resulting from said breach. Alternatively, the City may purchase such required insurance coverage (but has no special obligation to do so) and, without further notice to the Vendor, the City may deduct any premium costs advanced by the City for such insurance from sums due to the Vendor. I. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City Insureds; or the Vendor shall procure a bond guaranteeing payment of losses, related investigation, claim administration, and defense expenses. J. Insurance is to be placed with Florida insurers rated B+X or better by A.M. Best's rating service. K. Verification of Covera e. The Vendor shall furnish the City with certificates of insurance and with original endorsements providing evidence of required coverage. The certificates and endorsements for each policy must be signed by a person authorized by that insurer to bind coverage on the Vendor's behalf. The certificates and endorsements must be received and approved by the City before work commences. Certificates of Insurance must be annotated with the applicable contract number. 14 Page 726 of 1165 24. SOVEREIGN IMMUNITY. Nothing contained herein shall constitute a waiver by the City of any applicable sovereign immunity as described under the provisions of Section 768.28, Florida Statutes. 25. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The Parties agree that electronic signatures of the Parties, whether digital or encrypted, have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission, by electronic mail in portable document format (pdf) form, or by any other electronic means intended to preserve the original textual, graphic and pictorial appearance of a document, have the same effect as physical delivery of the paper document bearing an original or electronic signature. 26. ORDER OF PRECEDENCE. In the event of any inconsistency between any provisions of this Agreement and the Agreement Documents, and unless specifically stated otherwise, the inconsistency shall be resolved by giving precedence in the following order: A. This Agreement, and any written attachments and future written Amendments or Purchase Orders. B. Purchase Orders arising from this Agreement, including any associated quote and build sheets. C. City Solicitation RFP No.069-21-KM, including all addenda. D. Vendor's Response to the City's Solicitation. 27. E -VERIFY. The Contractor, and its subcontractors, must register with and utilize, the U.S. Department of Homeland Security's E -Verify system to verify the work authorization status of all newly hired employees, pursuant to Section 448.095, Florida Statutes. Registration must take place prior to execution of this contract. If the Contractor enters into any agreement with a subcontractor for performance of services under this contract, the subcontractor must provide an affidavit to the Contractor which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Contractor is required to maintain a copy of such affidavit throughout the term of this contract. 15 Page 727 of 1165 The Contractor agrees to adhere to the requirements of Section 448.095, Florida Statutes, and understands that failure to comply with the statute will result in termination of this contract. If such termination occurs, the Contractor will not be awarded another City contract for at least one (1) year from the termination date and will be liable for any additional costs incurred by the City as a result of the termination. 28. ENTIRE AGREEMENT. This Agreement, including its attachments and associated documents, constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and supersedes in their entirety all written or oral agreements previously existing between the Parties with respect to such subject matter. No supplement, modification, addendum, or amendment of this Agreement shall be binding unless executed in writing by both Parties. In the event of any conflict between any terms of this Agreement and any terms of any attachment, the terms of this Agreement shall supersede, govern, and control to the extent of the inconsistency. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized representatives. CITY OF TALLAHASSEE g A6--.. w i� Reese Goad, City Manager Approved by the Department BY� w Jeff Shepard, Fleet Management Director Attest: James 0. Cooke, IV, City Treasurer -Clerk Approved as to form: By: Cassandra K. Jackson, City Attorney ALAN JAY AUTOMOTIVE MANAGEMENT, INC. By: � ...... --- cx�w�>_..:.n v m lane ;w, Print Name: Chris Wilson Title: Fleet Sales Manager 16 011 G�tY, Op .',7NGORPORA?4 O �~ A.C1840 ............. .•.'J Page 728 of 1165 Le al Rout Memo Date: 1/4/2022 To: City Attorney's Office From: Administration & Professional Subject: Legal Review of ®CONTRACT NO. 5179 ❑AMENDMENT NO. ❑MEMORANDUM OF UNDERSTANDING OR AGREEMENT ❑OTHER This document relates to Agreement for New Municipal Vehicles, Cars, Vans, Sport Utility Vehicles, and Light Trucks. Document has been reviewed and considered ready for execution by either or both: Procurement Signature: CUA —mmn m Department Signature:�+ifil TO BE COMPLETED BY LEGAL Legal review completed on: 1/4/2022 Legal review performed by: Kellie Scott Approved for execution: ®yes El no Page 729 of 1165 10/18/22,2:49 PIVI The Florida Sheriffs Association f(httpsJ/www.facebook.corn/f lo ri dash e riffsassociatio n/ V (https://twitter.com/FLSheriffs) 9 2 FLORIDA SHERIFFS SO ASSOCIATION V00 (https://www.flsheriffs.org/) a -T -M Sheriffs Programs Uff 11M.W. "M Become a Member (https://membership.flsheriffs.org/Membership-LP.html) Renew Membership (https://membership.flsheriffs.org/Membership-LP.htmI#Choose) Donate Today (https://membership.flsheriffs.org/donate.htmi) << Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- prog rams/cooperative-purchasing-prog ram) I F�i I K11111 -t 'Ay"11 Effective October 1, 2022 - September 31, 2023 The Florida Sheriffs Association in partnership with the Florida Association of Counties and Florida Fire Chiefs Association are pleased to offer a statewide purchasing contract for heavy trucks and buses. Our awarded vendors provide the top manufacturer names in the industry. U n L2 https:llwww.flsheriffs.org/law-enforcernent-prograrns/cooperative-purchasing-program/fsa22veh2O Page 730 of 11t(35 10125/22, 8:34 AM Bid Award Award Report Contract: FSA22-VEH20.0, Heavy Trucks & Buses Groua: CAB AND CHASSIS TRUCKS: 30,000 LB GVWR (DRW) 4X Item: 91, International, MV, 607 Zone Rank Vendor Western Primary Cumberland International Trucks of Florida Northern Primary Cumberland International Trucks of Florida Central Primary Sun State International Trucks Alternate Cumberland International Trucks of Florida Southern Primary Rechtlen International Trucks Build Options Price Percent: File File $73,950.00 0.00% Build Options 'Y « M11110 0 D 1 1.1 me $72,939.00 0.00% Build $72,950.00 0.00% Build ATO NM hftps://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=130679&in=gl Page 731 of 1465 Florida Sheriffs Association Cooperative Purchasing Program Options Bidder : RechtienInternational Inc item make & Model: NavjstarIncMV6074x2 Item Number: 91 Manufacturer Code Description Price 0001[4s FRAME RAILS Heat Treated Alloy Steel (12O'0O0PSI YieN)/zo.z2s"x3.580"x0.3I2^ 412 0001[AG FRAME RAILS Heat Treated Alloy Steel (120,0VOPSI Yie|d);IO2S0"x3.61D°xO37s" 682 0001[xH FRAME RAILS Heat Treated Alloy Steel (120,0V0PSI vie|d);10375"xI7V5''xO.438" 821 000ICAD FRAME RAILS High Strength Low Alloy Steel (QO'OnOPSI Yie|d);zOz5O"xS.O92"xO375" 318 OQUI[GJ PTO EFFECTS, FRAME <mavigarj Lower Flange Trim for PTO Clearance 300 OQozGop FRAME REINFORCEMENT Outer ''C''Channel, Heat Treated Alloy Steel (z2O'000PSI Yie|d);lW.813"x3,892''xD.312" I440 000IUxN BUMPER, FRONT Contoured, Steel, Chrome Plated 271 000154L CROSSK4EKx8ER,REAR, AF(1) 93 VQV1SAk4 [nO��^xsxxasn,neAR'AF(Z) ID3 0001VVA[ BUMPER EXTENSION, FRONT 4.O" 40 0001vvoS FRAME EXTENSION, FRONT Bolt OnType; ZV"|^Front ofGrille 472 0001VVE] WHEELBASE RANGE 17S"(5OScm)Through and Including 254"(645om) 280 0001VVEK WHEELBASE RANGE Z56"(a50cm)Through and including 31I''(79Ocm) 459 0001vvnS FRAME EXTENSION, FRONT Bolt On Type; 20" In Front of Grille, with Crossmember 1239 0001572 TOW HOOK, REAR (I) 60 0002616 FRAME RAILS WITH TAPERED REAR 70 0002AST AXLE, FRONT NON -DRIVING (Meritor xxp5-z4-z22A)|-BeamType, 14,OOO-|bCapacity 417 000245C AXLE, FRONT NON -DRIVING {K8eri1orKAFS-12-122A}|-oeamType, z2.00U-|hCapacity 297 0003ADC SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 12,000 -lb Capacity, with Shock Absorbers 148 0003ADD SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 14^nVV-|bCapacity, with Shock Absorbers 530 0003770 SPRINGS, FRONT AUXILIARY Rubber 89 0004AAX HOSE TENDER Slide Bar with (2) Double Spring Brackets; Bar Extended 4.0" From Cab 1l1 0004AZE AIR BRAKE ABS 0mabcuAntilock Brake System) (4-[hanne|) 1181 00044zl AIR BRAKE ABS {8endixAntilock Brake System) Full Vehicle Wheel Control (4'Chonne|) Automatic Traction Control 1254 0004AZS AIR BRAKE ABS (RendixAntilock Brake System) with Electronic Stability Program with Automatic Traction Control 2847 0804sow AIR DRYER (BendixAD-9S|}with Heater, Includes Safety Valve 360 00040L AIR DRYER LOCATION Mounted Outside Left Rail, sz"Back ofCab ITS NOW MOUNTED INSIDE OwTHE ENGINE 64 0004v0 AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab, Perpendicular to Rail 127 0004VKX AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab 127 0004VVVVZ DRAIN VALVE (3)with Pull Chains for Air Tanks 84 0004VVX5 TRAILER HOSES AND CABLES Coiled, Nylon Hose, z5'vvorNng Length, 36"Tractor Lead Length 96 0004619 TRAILER CONNECTIONS Four -Wheel, with Hand Control Valve and Tractor Protection Valve, for Straight Truck 434 0004692 HOSE TENDER Flexible Pogo Stick Type 292 0004722 DRAIN VALVE <8endiwOV'I>Automatic, with Heater, for Air Tank 132 0004808 HOSE TENDER Slide Bar with Double Spring Bracket; Bar Extended 4.0" From Cab 115 0005PRV STEERING GEAR (TRW (noss)TAS6G>Power 221 0005PRG STEERING GEAR {TRVV(Rwo)TAS4V}Power 96 0005708 STEERING COLUMN Tilting 100 0005710 STEERING COLUMN Tilting and Telescoping 371 0006DGC DRIVELINE SYSTEM (Dana Spicer) 6PL17V,for 4xZ/6x2 490 0007BEU AFTERTREATMENT COVER Aluminum 223 0007BLV EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Right Side Under Cab 929 0007BLVV EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Right Side Under Cab, Vertical Tail Pipe 1703 Page 732 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options BidderRechtienInternational Inc Item make & Model: NavistarIncMV6074x2 Item Number: 91 Manufacturer Code Description Price EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Under Right Rail Back ofCab Vert Tail 0007BNU 1735 Pipe 0007SCP ENGINE EXHAUST BRAKE for Cummins ISB/B6.7/ISL/L9 Engine with Variable Vane Turbo Charger 148 0007SDP ENGINE COMPRESSION BRAKE JJacobsJ for Cummins ISL/L9 Engines; with Selector Switch and On/Off Switch 1957 0007VVAY TAIL PIPE (I)Straight Type, Bright 167 0007vvAZ TAIL PIPE (1)TumhockType 52 0007VVBA TAIL PIPE (1)TumhackType, Bright 167 0007VYB6 MUFFLER/TAIL PIPE GUARD (l)Bright Stainless Steel 107 0007VVCVV TAIL PIPE (z)Horizontal, Short, Exits Right Side, 9ODegree Turnout 96 0007vvZX SWITCH, FOR EXHAUST 3 Position, Momentary, Lighted Momentary, ON/CANCEL, Center Stable, INHIBIT REGEN 45 0008GGG ALTERNATOR (Delco Remy 36SI1 Brushless, 12 Volt 165 Amp. Capacity, Pad Mount, with Remote Voltage Sensor 393 0088Gxa ALTERNATOR (ieece-Nevi||e&V|16OP2nO3}Brush Type; 12Volt 24OAmp. Capacity, Pad Mount, with Remote Sense 401 0008GXC ALTERNATOR {Leece-Nevi||e^u|zGUp2OO7}Brush Type; IZVolt 31OAmp. Capacity, Pad Mount, with Remote Sense 324 0008sxx ALTERNATOR fLeece-Neville BLP4006HN) Brushless, 12 Volt 325 Amp. Capacity, Pad Mount, with Remote Sense 1087 0008HAA BODY BUILDER WIRING To Rear of Frame, with Stop, Tail, Turn, and Marker Lights Circuits 262 ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; for Separate Trailer Stop, Tail, Turn, 0008HAG Marker Light Circuits; includes Electric Trailer Brake accommodation package with Cab Connections for Mounting 291 Customer installed Electric Brake Unit, Less Trailer Socket ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; for Combined Trailer Stop, Tail, Turn, 0008HAH Marker Light Circuits; Includes Electric Trailer Brake Accommodation Package with Cab Connections for Mounting 291 Customer Installed Electric Brake Unit, Less Trailer Socket 0008HBE WIRING, SPECIAL Altec Body Pre -Wire for Power Distribution Module, Cab Pass Thru for 102 Pin Connector 622 00081VIJV BATTERY SYSTEM (Fleetritel Maintena nce- Free, (3) 12 -Volt 285OCCA Total, Top Threaded Stud 226 0008k8SG BATTERY SYSTEM (Fleetritel Maintenance- Free, (3) 12 -Volt 1980CCA Total, Top Threaded Stud 83 0008Rw1H BATTERY DISCONNECT SWITCH {Co|e-*ersee7s92O'06}30oAmp; Battery Box Mounted, Locks with Padlock 141 0008npS Axx/FK4/VV8/[|ock/8|uetonth/USBInput/Auxiliary Input 387 0008Rk4Z SPEAKERS (2)5.s"Dual Cone Mounted inBoth Doors, (Z)5,z5"Dual Cone Mounted inBoth 0-Pi||ars 11I OnOBTHB BACK-UP ALARM Electric, 102d8x 96 0008TKC STOP, TURN, TAIL & B/U LIGHTS fTruck Lite) Super 44, with LED Lights for Stop, Turn and Tail Lightsle, 170 0008TKK TRAILER AUXILIARY FEED CIRCUIT Electric Trailer Brake Accommodation/Air Trailer ABS; with 3OAmp Fuse and Relay 99 0008TK»G TRAILER CONNECTION SOCKET 7 -Way; Mounted at Rear of Frame, Wired for Turn Signals Combined with Stop, 352 0008TPA DATA RECORDER Includes Display Mounted inOverhead Console 1416 0008rPL COLLISION MITIGATION SYSTEM fBendix Wingman Advanced) Adaptive Cruise Control with Collision Mitigation 1200 STOP, TURN, TAIL & B/U LIGHTS (Welclon} LED Multi -Function Lamp, Mounted Outside Rails, Includes License Plate OODgTpR 143 Light 8008TRG COLLISION MITIGATION SYSTEM {Bendix Wingman Fusion) Adaptive Cruise Control w/Collision Mitigation 2861 0008TRg STOP, TURN, TAIL &B/VLIGHTS fGrote}kXu|h-Funct|on,Sealed, 5uperNovaLED Lights for Stop, Turn 180 0008T58 COLLISION WARNING SYSTEM (Bendix BlindSpotter) Side Object Detection System; 1165 0008VBA POWER SOURCE, SPECIAL for Customer Installed Lift Gate; 2ODAmp Max, 381 0008vVxx BATTERY BOX Aluminum, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted Left Side Back ofCab 328 0008VVY BATTERY BOX Steel, with Plastic Cover, 25" Wide, 2-3 Battery Capacity, Mounted Left Side Back of Cab 61 Page 733 of 1165 Florida Sheriffs Association Cooperative Purchasing Programm Options Bidder xech ien|nternadomd|nc Item make & Model: NavistarIncMV6074x2 3 Item Number: 91 Manufacturer Code Description Price 0008YVAA LIGHT, WORK (Truck Lite 81 Seriesl LED, Pedestal Mounted, Back of Cab, with Switch on Instrument Panel 136 0008VVBVV JUMP START STUD Remote Mounted 135 0008xvmG BACK-UP ALARM {precvzO59}Electronic; Solid State, Dual Function, Il2dBA 169 0*08VVGL WINDSHIELD WIPER SPD CONTROL Force Wipers tmSlowest Intermittent Speed When Park Brake Set 34 nVoOxVLL LIGHT, WORK Pedestal Mounted, Back of Cab, with Switch on Instrument Panel 96 0008VvpZ TEST EXTERIOR LIGHTS Pre -Trip Inspection will Cycle all Exterior Lamps Except Back-up Lights 34 0008vvRa HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn on if Windshield Wipers are turned on 34 0008XPA HEADLIGHTS LED, with Daytime Running Lights, Automatic Twilight Controlled 790 0008VVTK STARTING MOTOR (Delco Remy 38MT Type 300112 Volt; less Thermal Over -Crank Protection 155 OOQOvvxa HEADLIGHT WARNING BUZZER Sounds When Head Light Switch is on and Ignition Switch is in "Off" Position 40 0008VVXD ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner When Vehicle Park Brake is "NOT" Set 34 0008vvxG STARTING MOTOR fMitsubishi Electric Automotive America 105P) 12 -Volt, with Soft -Start 121 0008VVZP INDICATOR, BATTERY WARNING Green BATTERY ON Indicator, Mounted on Left Side of Instrument Panel. 48 0008XDV BATTERY BOX Steel, with Aluminum Cover, 14" Wide, 2-3 Battery Capacity, Mounted Left Side Under Cab 369 0008xHo BATTERY DISCONNECT SWITCH 3VOAmp, Disconnects Charging Circuits, Locks with Padlock, Cab Mounted 238 0008VVL BATTERY BOX Steel, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted Left Side Back ofCab 514 0008XKC HEADLIGHTS Halogen, with Daytime Running Lights, Automatic Twilight Controlled 112 0008Xxm SWITCH, AIR HORN, PASSENGER Fire Truck Application; Momentary Switch Located in Instrument Panel 46 0008718 POWER SOURCE Cigar Type Receptacle without Plug and Cord 24 OnogHBM INSULATION, UNDER HOOD for Sound Abatement 134 0008VVAC BUG SCREEN Mounted Behind Grille 105 oozoaAs LxnsL,msp°osF ONLY" 7 0010EYD FIFTH WHEEL, STATIONARY (Fontaine SL7FMA-D69-21 Cast Top Plate, 7.69" Above Top of Frame, Left Hand Release 1417 0010VAA KEYS -ALL ALIKE, ADDITIONAL 3Keys 46 0010VVPR MUD FLAP HOLDER Spring Loaded, Painted Black; with Red and White Reflective Tape; Less Flaps 84 0010VVPY MUD FLAPS, REAR Black Rubber, Anti -Sail Less Logo; Less Holders 76 001OVVTR QUARTER FENDERS for Rear Wheels, Black Plastic; Frame Mounted 151 001Ovvus MUD FLAPS, FRONT WHEELS (2) Rubber, Behind Front Wheels, Mounted on Fender Extension 61 0010771 PAINT CLASS Single Custom Color 560 0010943 KEYS ALL ALIKE Fleet Includes Ignition and Cab Door Keys 39 0012Esw1 ENGINE, DIESEL (Cummins L933o}EPA Z03I'3BnHP@2DVORPM, IVOO|b.4tTorque @z4VoRPM, 22DORPM 7021 0012ESN ENGINE, DIESEL (Cummins |g35o}EPA 2D21,3sOnP@20ODRPM, I15o|h.1+Torque @14nVRPM, 22oQRPM 7263 0012ERG ENGINE, DIESEL (CumminsR67240}EPA 2021'240Vp@2400RPM, aGO|b.'ftTorque @I6OnRPM, Z5V0RPM 1440 0012EHJ ENGINE, DIESEL {Cummins 8G7ZGO}EPA 2nZ1'26OHP@Z4OORPM, 66V|b.-tTorque @z6DORPM, ZGUORPM 2789 0012EnL ENGINE, DIESEL (Cummins ao.73O0>EPA IOI1'3DOHP@/26OORPM, 660|b.'ftTorque @16V0 RPM, 26uORPM 3924 0012E8L ENGINE, DIESEL ({CvmminyL930V>EPA 2Oo1,3ooHp@22ODRPM, 860|b,ftTorque @»1ZDORPM, 3ZVVRPM 588/ ENG|NE,DIESEL (Cummins 86JZ5o}EPA 2OI1'25VHP@�24O0RPK�'660lb�-ftTorque [�z6OOnPxx.26o0RPM 2I54 Governed Speed, 2sOPeak Hp(w1ax) 0012TH] FAN DRIVE f Horton Drivemasterl Automatic On/Off Type, with Normally Closed Temperature Control 349 0012THT FAN DRIVE (Horton Drivemasterl Direct Drive Type, Two Speed with Residual Torque Device for Disengaged Fan Speed 644 0012vvPxv OIL PAN Extended Service interval, 19 Quart Capacity, For Cummins ISB/B6.7 Engines 229 0012VVBR FAN OVERRIDE Manual; with Electric Switch on Instrument Panel, (Fan On with Switch On) 2* ENGINE [DNTRVLREK8OTE(NOUNTEnPmvisimnfor�|ndudesVVirinAfor Body Builder |nataUationnfPTO Controls and O012XBKx 48 Starter Lockout, with Ignition Switch Control, for Cummins B6.7 and L9 Engines 0013ASY AUTOMATIC NEUTRAL Allison WT, 3000 & 4000 Series Transmission Shifts to Neutral When Parking Brake is Engaged 28 00138Q;N TRANSMISSION, AUTOMATIC jAllison 2500 EVS) 5th Generation Controls, Wide Ratio, 6 -Speed 1080 00013BCu TRANSMISSION, AUTOMATIC {Allison 3O00EVS}5thGeneration Controls, Close Ratio, 6 -Speed 7510 Page 734 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options BidderRechtenInternational Inc item make &Model: NavistarincMV6074x2 Item Number: 91 Manufacturer Code Description Price 0013@DR TRANSMISSION, AUTOMATIC JAIlison 3500 RDSJ 5th Generation Controls, Wide Ratio, 6 -Speed 5794 0013BCS TRANSMISSION, AUTOMATIC (Allison 30V0RDS} 5th Generation Controls, Close Ratio, 6'Speed 5860 0013VVEH AUTOMATIC NEUTRAL Allison WT Transmission Shifts to Neutral When Parking Brake is Engaged a 104 0013VVVD ALLISON SPARE INPLIT/OUTPUT for Emergency Vehicle Series (EVS), RESCUE, Ambulance 104 0013VVYH TRANSMISSION T[IVILOCATION Located Inside Cab 125 0014xvvD AXLE, REAR, SINGLE (Dana Spicer 210605> Single Reduction, 21,000 -lb Capacity, R Wheel Ends 30I 0014AGR AXLE, REAR, SINGLE (Dana Spicer Z1060o>ot,0oO1bCapacity, Driver Control Locking Differential, 2OOWheel Ends 872 0014AGE AXLE, REAR, SINGLE (Dana Spicer S23-1901 Single Reduction, Hypoid Gearing, 23,000 -lb Capacity, R Wheel Ends 1768 0014AHG AXLE, REAR, SINGLE kJanaSpicer S23-19VD}Hypoid Gearing, 23,0OO-lbCapacity, Driver Control Locking Differential, 2045 0014AHK AXLE REAR SINGLE {Dana Spicer 52G-z$O Single Reduction, Z6,DDOlbCapacity, PWheel Ends 2073 AXLE, REAR, SINGLE fDana Spicer S26 -190D) Single Reduction, 26,000 -lb Capacity, Driver Controlled Locking VnI4xnL Differential 0014S[D SUSPENSION, REAR, SINGLE 3z,OOO-|bCapacity, Vari-RateSprings, with (3)Torque Rods 0014S[E SUSPENSION, REAR, SINGLE 23,000 -lb Capacity, Vari-Rate Springs, with (3) Torque Rods 00145Zo SPRINGS, REAR AUXILIARY w1u|d|eat4'5OO'|bCapacity 0014TAX SUSPENSION, REAR, AIR, SINGLE (Hendrickson HAS Z30VI3,00O|hCapacity, 9.S"Ride Height, with Shock Absorbers 2712 3026 1572 1413 167 1904 0014TAY SUSPENSION, REAR, AIR, SINGLE (Hendrickson HAS 330VZ3,OOO-lhCapacity, IV.67Ride Height, with Shock Absorbers 2073 SUSPENSION, REAR, AIR, SINGLE (international |mQSID0,OOO-lhCapacity, 9.25~Ride Height, with Shock Absorbers 0014TDU I Mounted Outside the Rails SUSPENSION, xs�n AIR, OO14T�V ' ' 1091 Mounted Outside the Rails 0014vA/ SUSPENSION, REAR, SINGLE 31,000 -lb Capacity, Vari-Rate Springs, with 4500 -lb Capacity Auxiliary Rubber Springs 216 0014VnG SUSPENSION, REAR, SINGLE 20,000 -lb Capacity, Vari-Rate Springs, with 4500 -lb Capacity Auxiliary Rubber Springs 79 0014vvAp SHOCK ABSORBERS, REAR (2) 137 0014YVAS SUSPENSION LEVELING VALVE Dual Height; One Additional, for Air Ride Suspension 121 0014881 DIFFERENTIAL, LOCKING (Detroit Lockerl No -Spin; for Meritor Rear Axles; Not with Meritor 185 & 186 Family of Axles 1252 0014899 SUSPENSION AIR CONTROL VALVE Pressure Release Control |nCab 131 00158AA DEF TANK COVER Stainless Steel I87 00I5DYT FUEL TANK (2)Top Draw, Non -Polished Aluminum, D-St9|e'z6'^Tank Depth, 4OU6Gal Left Side; 50 US Gal Right Side; 890 0016LNG FUEL/WATER SEPARATOR jDavco 245112 VDC Electric Heater, Includes Pre -Heater, Includes Water -in -Fuel Sensor 523 0015sGo FUEL TANK Top Draw, Non -Polished Aluminum, 0'Sty|e,l9"Tank Depth, I0VVS Gal (379/) Left Side, Under Cab 361 0015SGG FUEL TANK Top Draw, Non -Polished Aluminum, D -Style, 19" Tank Depth, 70 US Gal (265L), Left Side, Under Cab 241 0015Bu FUEL TANK Top Draw, Non -Polished Aluminum, 24''Dia, 5DU5Gal (18gL)'Mounted Left Side, for clean CAUnder Cab 274 0015vvrw DEF TANK suSGal (1gUCapacity, Frame Mounted Outside Left Rail, Under Cab 143 0015VvCS FUEL COOLER Less Thermostat; Mounted inFront ofCooling Module 221 001SVVEX DEF TANK 16.5 US Gal (62.5L) Capacity, Frame Mounted Outside Left Rail, Back of Cab 380 0016CxB CAB Conventional, Extended 4478 Page 735 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options Bidder RechthmInternational Inc Item make &Model: NavistarincMV6074x2 Item Number: 9� Manufacturer Code Description Price 0016GE8 GAUGE CLUSTER Premium Level; English with English Speedometer and Tachometer, for Air Brake Chassis. 391 0016GnV GRAB HANDLE, CAB INTERIOR (2)Safety Yellow 27 0016GHV GRAB HANDLE, CAB INTERIOR (4)Safety Yellow, Crew Cab 52 0016HCL SEATBELT WARNING PREWIRE Includes Seat Belt Switches and Seat Sensors for all Belted Positions in the Cab 1I87 00I6HGH GAUGE, OIL TEMP, AUTO TRANS for Allison Transmission 39 0016HHE GAUGE, AIR CLEANER RESTRICTION f Filter -Minder) with Black Bezel, Mounted in Instrument Panel 2e OOzGHKs GAUGE, LOAD INDICATING REAR Text Message in Cluster Display, for use with Rear Air Suspension 103 0016HLo VIRTUAL GAUGE, AIR APPLICATION Requires Premium Cluster 47 0016HLV VIRTUAL GA, OIL TEMP,AUTO XIVISN for Allison Transmission, Requires Premium Cluster 39 0016HK8D GAUGE, AIR CLEANER RESTRICTION IFJeetguardl LED Air Restriction Indicator, Under Hood Air Cleaner Mounted, 10I 0016JNT SEAT, DRIVER {National 2000) Air Suspension, High Back with Integral Headrest, Vinyl, Isolator, 1 93 0016xxvv SEAT, TWO-MAN PASSENGER <NationaUVinyl, with Under Seat Storage Compartment 525 0016UY SEAT, REAR {Nationa|3O0O}Three Individual Seats, NFPACompliant, Air Suspension, High Back, Vinyl, Isolator, 2084 0026LKA SEAT, REAR (National 20001 Two Individual Outboard Seats, NFPA Compliant, Air Suspension, High Back, Vinyl, Isolator, 1426 0016LPC SEAT, PASSENGER [Seats, Inc. Universal Series) NFPA Compliant, Air Suspension, High Back, Vinyl w 632 0016LUK8 SEAT, PASSENGER (National) Non Suspension, High Back with Integral Headrest, Vinyl, with Under Seat Storage 415 0016RPV SEAT, PASSENGER [Nadona|2O0o}Air Suspension, High Back Vinyl, Isolated, 1Chamber Lumbar 407 0016SAp GRAB HANDLE, ADDITIONAL EXT (1) Chrome; Towel Bar Type with Anti -Slip Rubber Rear Door, with Crew Cab 95 0016SDC GRAB HANDLE (2) Chrome Towel Bar Type with Anti -Slip Rubber Inserts; Mounted Left and Right, Each Side at "B" Pillar 189 ODzGSDD GRAB HANDLE, ADDITIONAL EXT (2) Chrome; Towel Bar T; Mounted Left and Right side on Crew Cab 128 0016SSG MIRROR, CONVEX, HOOD MOUNTED {Lang rwekm)(1)Right Side, Black, 75''Sq. 88 0015SSC MIRROR, CONVEX, HOOD MOUNTED {Lang nxek,o>(2)Right and Left Side, Bright, 7.5''sq� 216 0016SSH MIRROR, CONVEX, HOOD MOUNTED {Lang|Nekra>(1)Right Side, Bright, 7.5,Sq. 109 0016SEn GRAB HANDLE (2) Black, Aluminum; for Cab Entry Mounted Left and Right each Side at "B" Pillar 70 0016SET GRAB HANDLE, ADDITIONAL EXT (Z) Black Anodized Aluminum Mounted Left and Right Side ofCrew Cab 70 0016SS8 GRAB HANDLE ADDITIONAL EXT (Z)Right and Left Sides, Breakaway, Black 175 00105So MIRROR, CONVEX, HOOD MOUNTED {LamOK4ekra>(2)Right and Left Sides, Black, Heated, 7.5"Sq. 264 0016SSE MIRROR, CONVEX, HOOD MOUNTED {Lang ,wekra}(2)Right and Left Sides, Bright, Heated, 7.5"Sq, 305 00165N1H SEAT, TWO-MAN PASSENGER <Wationa|>Fixed Back, IVinyl, with Under Seat Storage Compartment 461 00106xxL SEAT, TWO-MAN PASSENGER {Nationa0Fixed Back, Vinyl, Less Under Seat Storage Compartment 483 0016SkxM SEAT, PASSENGER fNationall Non Suspension, High Back, Fixed Back, Integral Headrest, Vinyl 319 0016SK4P SEAT, TWO-MAN PASSENGER (National) Vinyl, Less Under Seat Storage Compartment 444 0016Sk4T SEAT, REAR (Nationall BENCH; Full Width; Vinyl, with Fixed Back and Two Integral Outboard Headrests 669 0016Smrw MIRRORS (2)[-u,op,Heated, Black Heads and Arms, 7.5"x14" Convex Mirrors, for 10Z"Load Width 101 K8|R00RS(3)(�Loop'He�ed'TvmSigma|s'Bright Head�Black xrm�7"xz4�s"Flat Gbs�|ndudes8''xG''Convex 0n��5SP 288 Mirrors, for 86''Load Width ed.TuSigoa|�LGD[|earanoeLight�B|ackNeadsandArm�7"xz«.s°F|at Adjust, m mmnon6(2)C'u,o�Power AVt VV1���T Glass, Includes 8"x8'Convex Mirrors, for 1O2"Load Width 437 k4|RRnRS(2)C-bzmp,Power 4djustLights, Oo1o56S Glass, includes 8''u6''Convex Mirrors, for 95"Load Width 504 00165NS MIRRORS (%) Aero Pedestal, Power Adjust, Heated, Black Heads and Arms, Convex Mirrors, 280 80165wr MIRRORS (2)Aero Pedestal, Power Adjust, Heated, Turn Signals, Black Heads Convex Mirrors, 404 00165NU MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Bright Heads, Black Arms, " Convex Mirrors, 364 Page 736 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options Bidder:RecbdenInternational Inc xemmake�K4o4e� NavistarIncMV6074x2 Item Number: 91 Manufacturer Code Description Price 00I6SNV MIRRORS p1Aero Pedestal, Power Adjust, Heated, Turn Signals, Bright Heads, Black Arms, Convex Mirrors 467 0015Swvv MIRROR, CONVEX, LOOK DOWN Right Side, Black, B'x1n.5" oo 0016SNX MIRROR, CONVEX, LOOK DOWN Right Side, Bright, 6~wI0.5" 46 0016SPE 5E4J PASSENGER f National Model HPI RoIlTek Equipped, Air Suspension, High Back, Mordura Cloth, 5396 0016SpG SEAT PASSENGER (National Model HP) RoIlTek Equipped, Air Suspension, High Back, Vinyl, 5249 0016SPH SEAT, PASSENGER (National Model HPI RoIlTek Equipped, Air Suspension, High Back, Vinyl Boxing/ Leather Facing, 5478 MIRRORS (2) C -Loop, Power Adjust, Heated, Turn Signals, LED Clearance Lights, Bright Heads and Arms, 7" x 14.5" Flat 0016SSU Glass, Includes 8"xG"Convex Mirrors, for 1VZ''Load Width 504 0016VBS CONSOLE, CENTER Polypropylene, with One Coin Holder, One Cup Holder and one Thermos Holder 52 0016VCA SEAT BELT All Red; 4to6 40 0016v[B SEAT BELT All Orange; 4to6 40 0016VE% CONTROLS, CENTER PANEL Includes Ignition Switch, Headlights and Power Mirror Controls Located in Center Panel 533 0016vKK CAB INTERIOR TRIM Diamond, for Day Cab 439 0016VKL CAB INTERIOR TRIM Diamond, for Extended Cab 424 0016VK|N CAB INTERIOR TRIM Diamond, for Crew Cab 600 0016vLx CAB REAR SUSPENSION Air Suspension, for Mid Cab Height 458 0016VVBY ARM REST, RIGHT, DRIVER SEAT 36 0016VvBZ ARM REST, LEFT, PASSENGER SEAT 36 0016VVEE CAB SOUND INSULATION includes Dash Insulator and Engine Cover Insulator 72 0016Vv]U WINDOW, POWER (2) and Power Door Locks, Left and Right Doors, Includes Express Down Feature 294 0016vv/v WINDOW, POWER (4) And Power Door Locks, Front and Rear Doors, Left and Right, Includes Express Down Feature 693 0018xv/xn HOURIVIETER, PTO for Customer Provided PTO; with Indicator Light and Hourmeter in Gauge Cluster zzz 0016SSE MIRROR, CONVEX, HOOD MOUNTED (2) Right and Left Sides, Breakaway, Bright, Heated 305 0016VVZZ ARM REST, PASSENGER REAR for Inboard Arm Rest omCrew Cab 52 0015mp INSTRUMENT PANEL Wing Panel 267 0016XTK ACCESS, CAB Bright Aluminum, Driver & Passenger Sides, Two Steps per Door, for use with Day Cab or Extended Cab 521 0016xvvD SUNSHADE, EXTERIOR Aerodynamic, Painted Roof Color; Includes Integral Clearance/Marker Lights 279 0016XXC COWL TRAY LID 260 0016XYV ACCESS, CAB Bright Aluminum, Driver & Passenger Sides, Two Steps per Door, for use with Crew Cab 1421 0016ZH;N ACCESS, CAB AND FRAME Steel, Driver & Passenger Sides, Two Steps per Door; Left Side Frame Access Step 353 0016138 AIR CONDITIONER, PROVISION FOR second A[compressor 669 0016195 CAB Conventional 6-,wanCrew Cab 8246 0027DUL WHEELS, FRONT {AccurideZ9300)DISC; Z2.5wg.n0Rims, Powder Coat Steel, S-HandHole, I 164 0027ovN WHEELS, FRONT {Accuhde4ZG44)DISC; 22.5x8.I5Rims, Standard Polish Aluminum, 400 0028DUL WHEELS, REAR {xccuride29soo}DUAL DISC: 22.5x9.0ORims, Powder Coat Steel, 5-HandHole, 364 0028DVN WHEELS, REAR {Accwride4Z644}DUAL DISC; uz.sx8.2sRims, Standard Polish Aluminum, 856 EXTVEH[OVER4�E{Navistar}Tn��'qnth/150,V00,wUes,sxdudeoExtended Engine& SRV CONTRACT, |0 0040pry 2164 Transmission 0040VD8 SRV CONTRACT, EXT CIVIS ENG/AFTR fCumminsJ To 60-Month/150,000 Miles, Protection Plan 1 and Aftertreatment 2240 0060AKY BDY|N7G'DASH IND [TTRICOLOR (1)for Optional Usage Customer toProgram 78 00604oC oov|mn3,REMOTE START/STOP TuStart and Stop Vehicle Engine 450 BDY INTG, 1/0 EXP HARNESS ffor Diamond Logic Builcler} In -Cab wire harness (DLB) program only, Includes a harness 0860ACVV with five blunt cut wires routed on lower left of instrument panel. Two ground active inputs and two (.SAmp) relay 62 drivers outputs are provided Page 737 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options Bidder nechuenInternational Inc item make &Model: starincMV6074x2 Item Number: yz Manufacturer Code Description Price BDY INTG, INDICATOR LIGHTS (2) 1 for Body Up, 1 for Gate Open, Includes Audible Alarm, Programmable Mode for 0060NK Various Switch Actions. (Requires ZRemote Power Module Inputs 71 0060AA4 BDY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, Up to 6 Outputs & 6 Inputs 552 7372I35415 1le23.5Load Range GHSR2([nNTINENTAU,vg8nev/mi|e'7GMPH, All -Position 190 7872135443 zznIZ.SLoad Range GECDPLV6H53+([DNT|NENTAL)'4g5rev/mi|e,rsMPH, All -Position 291 7372135809 11RZ2.5Load Range GAx37(HAmxDDK)'5D1rev/mi|e,75 MPH, All -Position 98 7472133286 11R22.5Load Range GXLINE ENERGY Z(M|Cnsuw),sOIrev/mi|e'75MPH, All -Position 393 7372138137 11R22.5 Load Range FUEL MAX RTD (GoODYEAR)^495 rev/mile, 75 MPH, Drive 518 7372138136 1lRZZ5Load Range G ENDURANCE LHS (GOQDYG4R),5V1rev/miie,75MPH, All -Position 439 H\4x4 HV5n74x4all wheel drive 22900 Hv60/ HV6074x2 3950 N1ARKETA[V Body and accessories market adjustments due tomaterial surcharges O SAFETY Triangles and Spound Fire Ext 201 xxuQFLAPS mwdMaps 92 TEyWPTAG TempTag sO TRANSFERTAG Transfer Tag 200 NEVVTAG New Tag 295 20p5n 2oFt. Flatbed with removable 4O''stake sides & rear, requires /45"CA 1I613 24FSR 24Ft. Flatbed with removable oO"stake sides & rear, requires 10D"CA 15021 I4CH|P-ALV I4Ft. Aluminum Chipper Body with barn doors /8"interior height 37025 12[o 12 Ft. Contractors dump body with 14" sides, twin barn doors, electric tarp, requires 84" CA 19820 14CD 14 Ft. Contractors dump body with 14" sides, twin barn doors, electric tarp, requires 102" CA 20595 16[D Ig Ft. Contractors dump body with 14" sides, twin barn doors, electric tarp, requires 126" CA 22120 zOoe-sCv z0Ft. Dump body (5YD) Air tailgate, manual tarp, requires 84" CA 17008 P|NTLE15 z5Ton pint|eHook with oRings 1150 TB24 Z4X18X18steel tool box 518 TB36 36X18X18steel tool box 590 To48 48xzOxzOsteel tool box 863 20DRYVAN 2O'x96"x96"Dry Freight Body, z4s"CA, Roll vpDoor, Alum Skin 11924 ZZDRYVAN 2Z'x96''x102"Dry Freight Body, 1GD"CA'Roll upDoor, Alum Skin 1386I 24onvv4m 24'xzO2"x1O2"Dry Freight Body, I86''CA, Roll upDoor, Alum Skin 15305 26DRYVAN 2G'x1VZ"x10Z"Dry Freight Body, 2Oa"CA, Roll opDoor, Alum Skin 16969 VVC20 VVa|tcoZOONbstuckawsv|iftQatenrequal 6636 EC4000 Stellar 4ODO|hsEHCrane I2''16' boom 23177 cC5000 Stellar 5Oo0bse*Crane -zs''2O'boom 25509 11CB5K Il'[ranebody with outriggers and spring build upfor 5O0D|bscrane, REQ 84"[A 22922 11CB6K 11'Crane body with outriggers and spring build up for 6000lbs crane, REQ 84" CA 32539 S6000EH Stellar 6UU0|bsCrane Electric/Hydraulic orequal 27211 zzuo84 zz'Utility Body for 84CA 139$1 STROBE 4Corner LED Strobe Lights includes switch 1323 BVC Dealer installed Rear view Back UpCamera wy3I"color monitor 1323 ELsCT4np Electric Tarp Option for Dump Bodies 2415 woHOLDsR Heavy Duty underbody side mounted safety cone & water cooler holder combo 1265 A|RTRBRK Air Glad Hand Connections &7Way Electric Plug 529 NVVV11RL New Way Viper 11YDrear loader 56650 VST52 Versa|iftVST52insulated articulated telescoping aerial device 101200 D|BC Dealer installed brake controller 575 CQLNXT001 Mexpro Colossus Valve body (REQ min 2OKGVW) 117123 coLST wexpro-Colossus 5TExcavator body 233789 COLSWTRLNR Nexpro'Colossus VYatediner 94881 Page 738 of 1165 Florida Sheriffs Association Cooperative Purchasing Program Options Bidder RechdenInternational Inc Item make & Mode: NavistarincMV6074x2 Item Number: gI Manufacturer Code O]BXL GRPLTL] LR8S8 5[ZI2HL TCM435 BFP5 HDPOLY2K LUBEFUEL Description Nmxprp-Colos usXLEmzvatnrbody TL3Scorpion U'Complete (See dealer for detailed description) Petersen Lightning Loader TI -3 A|teuLR8S8aerial device w/stdbody Swap Loader hook lift 5L2I2,ZOKlbs. NDInd TCM 4Z5-BO-DHERPothole Patcher BargkampFP5f|ame|essPothole Patcher HDPoly Water Tank 2OVOgallon Baffled, 4Sprays, 6SOGPK4Pump Lube fuel system body (See dealer for detailed description) Price 248232 61926 107817 115590 49500 107407 126984 60808 132556 Page 739 of 1165 10/25/22, 8A4 AM Award Report Bid Award Contract: FSA22-VEH20.0, Heavy Trucks & Buses K - 11 1, i is lo 1051104511111YU97 217��Ig�iilli;il; lin il�;:I;; Item: 144, Autocar, ACX64, ACX64 Zone Rank Vendor Western Primary GENERAL GMC TRUCK SALES & File Alternate SERVICE, INC 0.00% Build Florida Kenworth, LLC Northern Primary GENERAL GMC TRUCK SALES & Options Alternate SERVICE, INC Build Options Florida Kenworth, LLC Central Primary Florida Kenworth, LLC Southern Primary GENERAL GMC TRUCK SALES & Options Alternate SERVICE, INC Build Options Florida Kenworth, LLC https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=130679&in=144 Page 740 of 1465 Build Options Price Percent: File File $189,120.00 0.00% Build Options $194,910.00 0.00% Build Options $189,120-00 0.00% Build Options $194,910.00 0.00% Build Options $194,910.00 0.00% Build Options $189,120.00 0.00% Build Options $194,910.00 0.00% Build Options https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=130679&in=144 Page 740 of 1465 Code 1012201 1012402 1310001 1310002 2082004 1222001 4682000 iO-2OOO2 - ....... . . ..... W020-006 5-10005 115A201 8140003 AUTOCAR ACX 60K GVW Truck FSA20-VEH18.0 OPTIONS icing Discounts 11 Range from 3% - 28% Below I Cummins CNG Engine ISX1 2N 350 HP 135OF Jacobs Engine Brake - L9 Jacobs Engine Brake - X12 Variable Speed Engine Fan RCV250 for X12 Front Engine PTO Adapter Oil Pan Guard Alternator: Leece Neville 200amp alternator Alternator: Delco 28SI 200 amp Pad Mounter Shield W/Exhaust �s Full Engine / Exhaust Aftertreatment Shielding disconnect switches 2 wl Lockout & Jumper Studs WOORDS 6 spell With PTO Provision (engine power must be reduced as 350ORDS 6 spd With PTO Provision (engine power must be reduced as Transmission Cab Wi I It 0 6gh I hwid 'Aeex no: 20K FA, 30K RA, Susp, Double Frame, Front Tires, Accom Pkg 3, DBL Frame, ONLY Steering Tires, Body Accorn Pkq S Rail Mounted Of Cab Gas Page #1 __$ 4,125 = =2,241 =2,444 =1,265 =577 380 =1 81, 41-5 8,480 15,634 M A Tn� 4,614 Page 741 of 1165 Page 742 of 1165 AUTOCAR I'ruACX 60K GVW'ck AM. FSA20-VEH18.0 OPTIONS Discounts Ranne from 3% - Front % - Front Loader :an Assembly I Must add Odysey Pkg wl Curotto controls Atlantic Series Heavy Duty 40 yard Front Loader Mammoth 40yd Front Loader Ovd Elliptical Hardox Front Loader - Refuse Body Xd" Li)adol OP ASL 1Heil Dural'ack Rapid Rail 28yd Automated Side Loader ASL Heil SST - 28 yd. Eject Automated Side Loader CommandsST AR ASL --- jMcNeilus Autoreach Automated Side Loader 28 yard ZR ASL !McGZ; ig Zero Radius Automated Side Loader 28 yard HEIL OP5000 REL 11,400 OP5000, 2$yd REL 1EIL Recycler REL Heil 60140 Split Recycler Rear Loader 25yt Bayne CT 'Bayne Cart Tipper each — EZ G400 REL Goliath G400 25yd Rear Loader EZ G300 REL E-Zi;—ac; Goliath G300 25yd Rear Loader MCN REL 25 McNeilus Heavy Duty 25yd Rear Load With MCN REL 32 McNeilus Heavy Duty 32yd Rear Load With NEWAY REL Neway King Cobra 25yd REL LOAD REL ILoadmaster Excel S 25yd REL - ----------- PacMac RLX25 --- TO'ioMac RLX25 25Yd REL CUSTOM lContact dealer for custom quotes availat0e upon retluest no Page 43 $112,456 Page 743 of 1165 AUTOCAR ACX 60K GVW Truck FSA20-VEH18.0 OPTIONS Pricinq Discounts Rarqje from 3% - 28% Below MSRP Atlas Grapple IPetersen AL -11 Atlas Grapple wt 40yd dump (Bas, I'A " U CUSTOM Con#act dealer for custom quotes available upon 8998180 lCummins Engine Warranty: 11-9114 PPI Syl 50k 8998I83 Cummins Engine Warranty; ISX1 2N Syr/200k PPI .......... . ......... M I V; . . .. . .. ... I� I � �' 2i:;!IZI l207/89911200 1111111 ", X, Eni Warr anky: L IiN PPI ltiyr i t WKWiti! 184/899K207 iiurnrinin. Encino Warranty X1 2" 'S Y..r1300,000 a'99A20111, current fees no $2,500 fF3-00 2,325 11M 1.329 05UNP Unpublished Bodies I Non Factory Options = Cost + 5% including fees 2424 CUMMINS For 2424 CUMMINS Engine Pricing, please see dealer r quoting Chassis Only Purchase I Non Dealer Provided Body Upfit - Chassis includes delivery to one destination —within the Continental US, which is to be specified in writing on the Purchase Order by purchasing municipality. Chassis Only Municipality assumes ownership & responsibility for the Chassis upon that delivery. Chassis must be Paid for within 4 00 45 Days of delivery to the designated destination. Further Delivery! Freight and Upfit costs are responsibility of municipality. Dealer will make efforts to coordinate truck configuration with chosen upfitter however Florida Kenworth, LLC. assumes no responsibility for chassis and UpVt Compatibility. TEMPTAG 4y T&g, FLORFOAGUll T ��armlwiAA 2 Tay g TRANSFER —I zo 17g - FLORIDA ONLY - I — Naw Uo FLORIDA ONLY NEWTAG Rai� �Uq. t te"/ city I county Page #4 Page 744 of 1165 Goy -don S'rrrit/r, Sherill 09/12,2022 To whom it may concern, The Bradford County Sheriffs Office received sealed bids after posting the Request for Proposal in the Bradford County Telegraph and on our website. On 09/06/22, in the lobby of the Sheriffs Office @ 10:00 am the following bids were received. 1) Bozard Ford 2) Duval Ford 3) Duval Chevrolet Following a Command Staff review of the proposals, the following contracts were awarded based on the evaluation table described in the Request for Proposal. Ford vehicles; Primary Contract Awarded to Duval Ford Alternate Awarded to Bozard Ford Chevrolet vehicles: Primary Contract Awarded to Duval Chevrolet Alternate- No Bid Other manufacturers: No Bid Information regarding the Contract (BCSO 22-27-1.0) and the Proposals will be listed on our website (bradfordsheriff.org) under the Finance section. For any questions or concerns please contact me during regular business hours. Thanks, MaiS&'Georg L. Konkel Jr." Chief of Operations Bradford County Sheriffs Office 945-B North Temple Ave. Starke, FI. 32091 Office (904)966-6306 Page 745 of 1165 Sheriff Gordon S1111L11 945-B North Temple Avenue Starke, FL 3209 f BRADFORD COUNTY SHERIFF'S OFFICE Gordon Smith Sheriff E�RMSAtSD),CONDIT1OIVS„ This AGREEMENT is established by and between Duval Ford, (hereinafter referred to as "VENDOR") whose address is 1616 Cassat Avenue (Jacksonville, Fl.) and any duly authorized appointee of the Bradford County Sheriff's Office, an independent constitutional officer with administrative offices at 945B N TEMPLE AVE; STARKE, Florida (hereinafter referredto as "SHERIFF") (collectively hereinafter referred to as "PARTIES"). WHEREAS; VENDOR wishes to enter into a contractual relationship with SHERIFF for the provision of goods or services; WHEREAS; VENDOR agrees to provide goods and services to SHERIFF, pl as he may request from time to time, based upon all terms and conditions contained in official Purchase Orders referencing this AGREEMENT which are incorporated herein; and WHEREAS; SHERIFF requires all VENDORS to agree with and comply with, the terms and conditions of this AGREEMENT as detailed herein. NOW THEREFORE, as a condition precedent to entering into a contractual relationship with the SIIERIFF, the VENDOR agrees as follows: A. GENERAL VENDOR understands that this is not an exclusive contract with SIIERIFF for the provision of goods and services. SHERIFF may utilize other vendors without penalty or cost to SHERIFF, The PARTIES agree that to the extent VENDOR's Contract/Invoice, or any subsequent contract, Page 746 of 1165 SheriffGordotr Smith 945-B North Temple Avenue w Starke, FL 32091 invoice, or addendum, contains any terms or conditions which are in conflict with or require any action that conflicts with the terms contained in this AGREEMENT, the terms of this AGREEMENT shall control - regardless of the order of execution of these documents. The VENDOR shall not change the terms and conditions contained herein unless such change is in writing and executed by the PARTIES. Failure to deliver or to comply with any of the terms and conditions of this AGREEMENT may disqualify VENDOR from receiving future orders. B. QUALITY All materials or services furnished by VENDOR must be as specified, and subject to inspection and approval by SHERIFF within a reasonable time after delivery at destination. Variations in materials or services from those specified in this order must not be made without written authorization from SHERIFF. Materials rejected will be returned at the VENDOR's risk and expense. C. QUANTITY/PRICE The quantity of materials ordered, or the prices specified, must not be exceeded without written authorization being first obtained from SHERIFF. Prices quoted will include a discount off MSRP and/ or the percentage markup over vendor cost as contained in the vendor bid document. Discounts off manufacturer's price lists will be reflected on quotes per vendor's bid submission and will be extended to manufacturer and dealer installed options. Quotes must follow tie outline set forth in the quote template section "in" contained in the bid arnlouncement, terns and conditions. [see attachments] D. INDEMNITY AND ;INSURANCE SHERIFF agrees to be responsible for the acts or omissions of his employees to the extent permitted under Florida law. Nothing herein shall operate as a waiver of SIIERIFF'S sovereign immunity. SHERIFF does not agree to indemnify or hold harmless VENDOR. There are no intended third - party beneficiaries arising out of or in any way connected to this AGREEMENT, and nothing herein shall be construed to grant any person, firm, or other entity which is not a signatory to this AGREEMENT any rights, benefits, or privileges to rely on or demand performance of any provision of this AGREEMENT. VENDOR further agrees to provideworkers' compensation coverage for all of VENDOR'S employees, and to maintain such generaland auto liability insurance as is deemed necessary by SHERIFF for the circumstances and operations of VENDOR. VENDOR further agrees to provide SHERIFF with Certificates of Insurance, indicating the amount of coverage in force, upon request. E. PACKING Packages must be plainly marked with shipper's name and Purchase Order number. Charges are not allowed for boxing or crating unless previously agreed upon in writing. F. DELIVERY All materials must be shipped F.O.B. Destination. SHERIFF will not pay freight or express charges. If a specific purchase is negotiated on the basis of F.O.B. shipping point, VENDOR IS TO PREPAY SHIPPING CHARGES AND ADD TO INVOICE. Page 747 of 1165 ' Sheriff Gordon Smith 945-B North Temple Avenue Starke, FL 32091 Upon receipt of a Purchase Order under this AGREEMENT, the VENDOR shall contact the SHERIFF to confirm the order and a mutually agreeable delivery date. Deliveries shall be made between 8:30 A.M. and 4:30 P.M. Monday through Friday; except for holidays, unless otherwise stated, G. MATERIAL SAFETY DATA SHEET VENDOR agrees to furnish SHERIFF with a current Material Safety Data Sheet (MSDS) on or before delivery as required by Florida Statute. H. OSHA REQUIREMENT VENDOR hereby guarantees SHERIFF that all materials, supplies and equipment as listed on the purchase order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, as from time to time amended and in force attlre date hereof. I. PUBLIC ENTITY CRIMES Pursuant to Section 287.133 (2) Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not 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 the threshold amount provided in Section 287.017, ,for CATEGORY TWO ($25,000) for a period of 36 months following the date of being placed on the convicted vendor list. VENDOR hereby swears or affirms that it isn't currently on any such list or otherwise been suspended or barred from providing services or products by any local, state of federal regulatory or governmental entity. J. PROMPT PAYMENT ACT Contained below are provisions of Chapter 218, Florida Statutes, which regulates payments made by local governmental entities for non -construction services or goods. As an Independent Elected Constitutional Office, SHERIFF is bound by the provisions of this Chapter and all contracts entered into between SHERIFF and private vendors are governed by its terms. This section shall extend to the eligible governmental agencies as qualified users of this agreement which are statutorily referred to as: "Governmental agency" means a county, a municipality, a district school board, or any other unit of local government or political subdivision in this state. Attached below are the pertinent parts of Chapter 218, Florida Statutes, relating to payments made by SHERIFF. These requirements supersede any terms in agreements entered into between the SHERIFF and any vendor or contractor doing business with SHERIFF. The time at which payment is due for purchases made by SHERIFF shall be calculated from: 1. The date on which a proper invoice is received by the chief disbursement officer of the Page 748 of 1165 Sheriff Gordon Smith 945-B North Temple Avenue Starke, FL 32091 local governmental entity after approval by the governing body, if required; or If a proper invoice is not received by the local governmental entity, the date: a. On which delivery of personal property is accepted by the local governmental entity, b. On which services are completed; c. On which the rental period begins; or d. On which SHERIFF and VENDOR agree in a contract that provides dates relative to payment periods; whichever date is latest. 3. SHERIFF shall establish procedures whereby each payment request or invoice received by it is marked as received on the date on which it is delivered to an agent or employee of SHERIFF or of a facility or office of the SHERIFF. 4. The payment due date for contracts for the purchase of goods or services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735. 5. If the terms under which a purchase is made allow for partial deliveries and a payment request or proper invoice is submitted for a partial delivery, the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or invoice in the same manner as provided in s. 218.73 or s. 218.735. 5. All payments, due from. SHERIFF and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. VENDOR must invoice the local governmental entity for any interest accrued in order to receive the interest payment. Any overdue period of less than 1 month isconsidered as 1 month in computing interest. Unpaid interest is compounded monthly. Forthe purposes of this section, the term "1 month" means a period beginning on any day of one month and ending on the same day of the following month. K. SCRUTINIZED VENDOR LIST By executing this Agreement, VENDOR certifies that: it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or engaged in a boycott of Israel; and, for bids, proposals or contracts for goods or services of one million ($1,000,000) dollars or more, that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, per Section 287.135, Florida Statutes. If SHERIFF determines, using credible information available to the public, that VENDOR has submitted a false certification, SHERIFF shall provide VENDOR with written notice of its determination. VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. If VENDOR does not make such demonstration within ninety (90) days after receipt of the notice, SHERIFF shall bring a civil action against VENDOR. If a civil action is brought and the court determines that VENDOR has submitted a false certification, VENDOR shall pay a civil penalty equal to the greater of two million ($2,000,000) dollars or twice the amount of the contract for which the false certification was submitted, and all reasonable attorney fees and costs, including any costs for investigations that led to the finding of false certification; and, VENDOR will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date SHERIFF determined that VENDOR submitted a false certification, pursuant Section 287.135(5)(a), Florida Statutes Page 749 of 1165 Sheriff Gordon Smith 945-13 North Temple Avenue Starke, FL 32091 L. GOVERNING LAW, JURISDICTION AND VENUE The teens and conditions of this agreement shall be construed in accordance with and governed by the laws of the State of Florida. All actions, whether sounding in contract or in tort, relating tothe validity, construction, interpretation, and enforcement of this AGREEMENT shall be institutedand litigated in the courts of the State of Florida, located in Bradford County, Florida, without regardto conflicts of laws principles. In accordance herewith, the parties to this AGREEMENT submit to the jurisdiction of the courts of the State of Florida located in Bradford County, Florida. M. ARBITRATION/MEDIATION SHERIFF does not agree to binding arbitration or mediation nor waive SHERIFF'S right to use the courts in the event that a breach or other circumstance necessitates litigation as a tool to ensurethat the rights of the agency and the citizenry are protected. N. WARRANTY SHERIFF does not agree to waive direct, special or exemplary damages. O. SECURITY Due to the confidential and sensitive nature of the work performed by SHERIFF, VENDOR and contractors may be subjected to background checks upon SHERIFF'S request. VENDOR and contractors may be required to provide information about themselves, their employees, and subcontractors, in order to permit SHERIFF to conduct background checks on persons entering secure areas, accessing secure information or otherwise providing supplies or services to SHERIFF. SHERIFF retains the right to limit or refuse access to any person at his sole discretion and vendors and contractors agree to abide that decision without cost or penalty to SHERIFF. P. TERMINATION This AGREEMENT may be terminated at any time by SHERIFF, for any reason or no reason at all, upon providing thirty (30) days advance written notice to the VENDOR. SHERIFF shall payfor all supplies and services provided by VENDOR as of the date of termination. Q. APPROPRIATION This AGREEMENT is subject to availability and annual appropriation of finids by the County, County Council, (Council). If funding for vehicle purchasing is not appropriated by the Council for any fiscal period during the term hereof, then SHERIFF shall immediately terminate this AGREEMENT upon written notice to VENDOR. In the event of suchterinination, VENDOR shall be entitled to receive just and equitable compensation for any satisfactory work performed as of the termination date. Such termination by SIIERIFF shall not be deemed a Breach of Contract by SHERIFF, and VENDOR shall have no right to any actual, general, specific, incidental, consequential, or any other damages whatsoever of any description or amount. R. MISCELLANEOUS Page 750 of 1165 Sheriff Gordon Smith " gip' 945-B North Temple Avenue +; Starke, FL 32091 None of the following terms shall have any effect or be enforceable against SHERIFF or any of his employees or agents: 1. Any term requiring SHERIFF to maintain any type of insurance Cor the benefit of either SIIERIFF or VENDOR. 2. Any term granting VENDOR any security interest in property owned or controlled by SHERIFF, including facilities provided by the County Board of County Commissioners for use by SHERIFF. 3. Any term obligating SHERIFF to pay the costs of collection or attorney's fees. 4. Any term allowing VENDOR to make unilateral modification to any contract entered into or relied upon by the Parties. 5. Any term requiring or stating that the terms of VENDOR'S standard form contract shall prevail over the terms of this Agreement in the event of a conflict. 6. Any term granting VENDOR the right to audit or examine the books, records or accounts of SHERIFF other than as required by law. S. PUBLIC RECORDS LAW Chapter 119, FS, is Florida's Public Records Act. Under this law, all records, including contracts are subject to disclosure to the public on demand. There are certain exemptions that can be clainredby SHERIFF to shield certain protected information, but VENDOR is hereby put on notice that the terms and conditions of any agreement entered into between VENDOR and SHERIFF are likely be disclosed if a public demand is made. SHERIFF does not agree to the confidentiality ofany information contained within any documents created or developed as part of any agreement. The Public Records law will always supersede any agreements to the contrary. The NOTICE provided below is required to be part of any agreement entered into by SHERIFF. NOTICE 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 FOR THE COUNTY. Irl compliance with 119.070 1, Florida Statutes, and 119.011(2), Florida Statutes, the following definitions shall apply to this agreement: "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agencyas provided under s. 119.011(2). "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. Note that in accordance with Florida law the contractor shall: Page 751 of 1165 Sheriff Gordon Smith 1� 945-E3 North Temple Avenue Starke, FL 32091 1. Keep and rnaitltain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. 5. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall upon termination of the contract destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 6. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. 7. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. S. The Contractor understands that a request made to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency; however if the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within areasonable time. 9. If a contractor does not comply with the public agency's records request for records, the public agency shall enforce the contract provisions in accordance with the contract. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s.119.10, which include the filing of a civil action against a contractor to compel production of public records relating to a public agency's contract for services. The court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. a. A notice complies with the requirements of this chapter if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. b. Such notices must be sent by common carrier delivery service or by registered, Page 752 of 1165 Sheriff Gordon Smith 945-B North Temple Avenue `Starke, FL 3 209 1 Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic I:ormat. A contractor who complies with a public records request within eight (8) business clays after the notice is sent is not liable for the reasonable costs of enforcement. T. E -VERIFY 1. The terms contained in this paragraph shall be defined in accordance with Florida Statute Section 448.095 `Employment Eligibility." 2. "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. 3. As of January 1, 2021, a public employer (e.g., Sheriff's Office) may not enter into a contract with a contractor, or subcontractor unless each party to the contract registers with and uses the E -Verify system. Every contractor who has entered or is attempting to enter into a contact with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration; or subcontractor who is a person or entity that provides labor, supplies, or services to or for a contractor or other subcontractor in exchange for salary, wages, or other remuneration, shall register with and use the E -Verify system to verify the work authorization status of all newly hired employees. 4. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contactor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 5. A contract terminated for violating paragraph 3 above or sections 448.095 subsections (2)(c) 1 or 2, FS, is not a breach of contract and may not be considered as such. Additionally,a contractor whose contract that is terminated as provided for in this paragraph may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. 6. VENDOR shall, upon request, provide evidence of compliance with this provision to SHERIFF. Failure to comply with this provision is a material breach of the Agreement, and the SHERIFF may choose to terminate the Agreement at any time at its sole discretion. VENDOR may be liable for all costs associated with SHERIFF securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). VENDOR, by virtue of acceptance of the Purchase Order certifies that: 1. VENDOR and its Subcontractors are aware of the requirements of Florida Statute 448.095, and upon request from the Sheriff's Office, provide evidence of such compliance. 2. VENDOR and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. VENDOR will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide VENDOR with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. VENDOR must maintain a copy of such affidavit. 8 Page 753 of 1165 Sheriff Gordon Smith w 945-B North Temple Avenue Starkc, FL 32091 6. SHERIFF may terminate this Contract on the good faith belief that the VENDOR or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), VENDOR may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. VENDOR is liable for any additional cost incurred by SHERIFF as a result of the termination of this Contract. U. FOREIGN INFLUENCE VENDOR represents and warrants that it has made any applicable disclosures to SHERIFF which are required under Section 286, 10 1 (3)(a), Florida Statutes, pertaining to business transactions with a foreign country of concern as more fully defined within said statute. V. GRANTS Any purchases funded through Federal Grants, including but not limited to UASI, SCHGP, and any other federal grants shall require the VENDOR to comply with the provisions listed in 2 C.F.R. Part 200. W. SUBCONTRACTORS VENDOR agrees that as the signatory to this agreement, it is solely responsible for the satisfactory provision of goods and services hereunder. SHERIFF does not authorize subcontractors, joint ventures or third parties to provide goods or services in the performance of this agreement except as identified by VENDOR in its proposal to SHERIFF. All subcontractors, joint ventures or third parties providing goods or services in furtherance of this agreement shall be specifically identified by VENDOR and the Scope of Work will clearly identify the specific goods and or services to be provided by said subcontractors, joint ventures or third parties. If the services provided by any subcontractor, joint venture or third party requires a specific licensure, certificate, degree or other governmental authorization to provide the services, proof of such licensure, certificate, degree or authorization will be provided by VENDOR to SHERIFF prior to the commencement of work or the payment of any sums due to VENDOR. X. PROMPT PAYMENT DISCOUNT and FEE CALCULATION Where SHERIFF and/ or eligible users of this contract pays the VENDOR within 30 days of delivery of a vehicle, the VENDOR shall remit a fee to the Bradford County Sheriff's Office at one half of one percent of the total purchase amount excluding tag fees, extended warranty purchases, and trade in allowances; per unit, that is promptly paid for. Vendor fee reporting to be submitted monthly with payment due the 20"' of the month following the reporting cycle for all deliveries made within month reporting. Y. OUT -OF -SERVICE VEHICLES Page 754 of 1165 Sheriff Gordon Smith :r��' 945-B North Temple Fwenue ful-Starke, FL 32091 The SHERIFF has the option to dispose of out-Of=service vehicles through the VENDOR. Should the SHERIFF decide to do so, the VENDOR agrees to auction off those vehicles and payto the SHERIFF the net auction proceeds minus transport costs and $400 vendor fee per unit. Z. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties regarding this Agreement and supersedes all prior communications. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations except such representations as are specifically set forth herein, and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other, No alteration of these terms and conditions is binding on SHERIFF unless signed by SHERIFF. Z. TERM AND EXTENSION The term for this AGREEMENT ("BCSO 22-27-1.0") shall remain in effect for five (5) years from the date of contract execution by the SHERIFF and may be renewed for five (5) years or extended. by the PARTIES upon mutual agreement, in writing and executed by the PARTIES, before the expiration of the original term or any extension thereof SHERIFF does not agree to automatic renewals or extensions. AGREEMENT may be extended to other governmental agencies located in the State of Florida with vendor approval. IN WITNESS THEREOF, the PARTIES have caused this AGREEMENT to be duly executed as of the last day set forth below by the undersigned authorized representatives of the PARTIES. Bradford County Sheriff's Office Approved as to Form and Legality, for the Reliance of the Bradford County Sheriff, Florida n VENDOR (Duval Ford) Z—) I -- Name Name Richard Tackett : GM 9/13/2022 Date Page 755 of 1165 Attachment 1: FORD OEM PRODUCTS: ALL MODELS AND PACKAGES: 1.65% Attachment 2: Duval Ford AMO percent markup table Attachment (2a): Exclusions: Ford SVT, ST Attachment 3: Mileage Statement Page 756 of 1165 Page 757 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 F650 F6A-F650 REG CAB All Oem Pkg's 1.65% Packages >2022 F650 F6B-F650 REG CAB LO All Oem Pkg's 1.65% >2022 F650 F6C-F650 REG CAB All Oem Pkg's 1.65% >2022 F650 F6D-F650 REG CAB All Oem Pkg's 1.65% >2022 F650 F6E-F650 REG CAB LO All Oem Pkg's 1.65% >2022 F650 F6T-F650 REG CAB TR All Oem Pkg's 1.65% >2022 F750 F7A-F750 REG CAB All Oem Pkg's 1.65% >2022 F750 F7D-F750 REG CAB All Oem Pkg's 1.65% >2022 F750 F7T-F750 REG CAB TR All Oem Pkg's 1.65% >2022 F650 W6A-F650 CREW CAB All Oem Pkg's 1.65% >2022 F650 W6B-F650 CRW CAB LO All Oem Pkg's 1.65% >2022 F650 W6D-F650 CREW CAB All Oem Pkg's 1.65% >2022 F650 W6E-F650 CRW CAB LO All Oem Pkg's 1.65% >2022 F650 W6T-F650 CRW CAB TR All Oem Pkg's 1.65% >2022 F750 W7A-F750 CREW CAB All Oem Pkg's 1.65% >2022 F750 W7D-F750 CREW CAB All Oem Pkg's 1.65% >2022 F750 W7T-F750 CRW CAB TR All Oem Pkg's 1.65% >2022 F650 X6A-F650 SUPER CAB All Oem Pkg's 1.65% >2022 F650 X6B-F650 SPR CAB LO All Oem Pkg's 1.65% >2022 F650 X6D-F650 SUPER CAB All Oem Pkg's 1.65% >2022 F650 X6E-F650 SPR CAB LO All Oem Pkg's 1.65% >2022 F650 X6T-F650 SPR CAB TR All Oem Pkg's 1.65% >2022 F750 X7A-F750 SUPER CAB All Oem Pkg's 1.65% >2022 F750 X7D-F750 SUPER CAB All Oem Pkg's 1.65% >2022 F750 X7T-F750 SPR CAB TR All Oem Pk 's 1.65% >2022 ECONOLINE E3F-COM CUTAWAY VAN All Oem Pkg's 1.65% >2022 ECONOLINE E3K-COMM STRIP CHAS All Oem Pkg's 1.65% >2022 ECONOLINE E4F-COM CUTAWAY VAN All Oem Pkg's 1.65% >2022 ECONOLINE E4K-COMM STRIP CHAS All Oem Pk 's 1.65% >2022 Mustang P8C-GT COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8F-GT CONV PREM All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8J-HB COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8K-BULLITT COUPE All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's >2022 Mustang P8R-MACH 1 COUPE 1.65% Excluding SVT >2022 Mustang P8S-SHELBY GT500 All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8T-MUST ECO COUPE All Oem Pkg's 1.65% Excluding SVT >2022 Mustang P8U-ECO CONVERTIBLE All Oem Pkg's 1.65% Excluding SVT Duval Ford 904-388-2144 Page 758 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 Expedition K1F-4X2 XL MAX All Oem Pkg's 1.65% >2022 Expedition K1G-4X4 XL MAX All Oem Pkg's 1.65% >2022 Expedition K1 H -4X2 XLT MAX All Oem Pkg's 1.65% >2022 Expedition K1J-4X4 XLT MAX All Oem Pkg's 1.65% >2022 Expedition K1K-4X2 LIMITED MAX All Oem Pkg's 1.65% >2022 Expedition K1L-4X2 PLATINUM MX All Oem Pkg's 1.65% >2022 Expedition K1M-4X4 PLATINUM MX All Oem Pkg's 1.65% >2022 Expedition K1N-4X2 K. RANCH MAX All Oem Pkg's 1.65% >2022 Expedition K1P-4X4 K. RANCH MAX All Oem Pkg's 1.65% >2022 Expedition K2A-4X4 LIMITED MAX All Oem Pkg's 1.65% >2022 Expedition U1F-4X2 XL All Oem Pkg's 1.65% >2022 Expedition U1G-4X4 XL All Oem Pkg's 1.65% >2022 Expedition U1H-4X2 XLT All Oem Pkg's 1.65% >2022 Expedition U1J-4X4 XLT All Oem Pkg's 1.65% >2022 Expedition U1K-4X2 LIMITED All Oem Pkg's 1.65% >2022 Expedition U1L-4X2 PLATINUM All Oem Pkg's 1.65% >2022 Expedition U1M-4X4 PLATINUM All Oem Pkg's 1.65% >2022 Expedition U1N-02 KING RANCH All Oem Pkg's 1.65% >2022 Expedition U113-04 KING RANCH All Oem Pkg's 1.65% >2022 Expedition U1R-4X4 TIMBERLINE All Oem Pkg's 1.65% >2022 Ex edition U2A-4X4 LIMITED All Oem Pk 's 1.65% >2022 Bronco Sport SUV R9A-BRONCO SPT BASE All Oem Pkg's 1.65% >2022 Bronco Sport SUV R9B-BRONCO SPT BIG All Oem Pkg's 1.65% >2022 Bronco Sport SUV R9C-BRONC0 SPT OB All Oem Pkg's 1.65% >2022 Bronco S ort SUV R9D-BRONCO SPT BD All Oem Pk 's 1.65% >2022 Transit Connect E6S-TRAN CON -VAN -XL All Oem Pkg's 1.65% Van >2022 Transit Connect E6T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect E7S-TRAN CON -VAN -XL All Oem Pkg's 1.65% >2022 Transit Connect E7T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect S6S-TRAN CON -VAN -XL All Oem Pkg's 1.65% >2022 Transit Connect S6T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 Transit Connect S7S-TRAN CON -VAN -XL ALL Oem Pkg's 1.65% >2022 Transit Connect S7T-TRAN CN-VAN-XLT All Oem Pkg's 1.65% Van >2022 F250 F2A-F250 4X2 SD R/C All Oem Pkg's 1.65% >2022 F250 F2B-F250 4X4 SD R/C All Oem Pkg's 1.65% >2022 F350 F3A-F350 4X2SDR/CSR All Oem Pkg's 1.65% >2022 F350 F313 -F350 4X4SDR/CSR All Oem Pkg's 1.65% >2022 F350 F3C-F350 4X2 SD R/C All Oem Pkg's 1.65% Duval Ford 904-388-2144 Page 759 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 F350 F3D-F350 4X4 SD R/C All Oem Pkg's 1.65% >2022 F350 F3E-F350 4X2CHAS/CS All Oem Pkg's 1.65% >2022 F350 F3F-F350 4X4CHAS/CS All Oem Pkg's 1.65% >2022 F350 F3G-F350 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F350 F3H-F350 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F450 F4C-F450 02 SD R/C All Oem Pkg's 1.65% >2022 F450 F4D-F450 4X4 SD R/C All Oem Pkg's 1.65% >2022 F450 F4G-F450 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F450 F4H-F450 4X4 CHAS /C All Oem Pkg's 1.65% >2022 F550 F5G-F550 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F550 F5H-F550 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F600 F6K-F600 4X2 CHAS/C All Oem Pkg's 1.65% >2022 F600 F6L-F600 4X4 CHAS/C All Oem Pkg's 1.65% >2022 F250 W2A-F250 4X2 CREW/C All Oem Pkg's 1.65% >2022 F250 W213 -F250 4X4 CREW/C All Oem Pkg's 1.65% >2022 F350 W3A-F350 4X2CREW/CS All Oem Pkg's 1.65% >2022 F350 W3B-F350 4X4CREW/CS All Oem Pkg's 1.65% >2022 F350 W3C-F350 4X2 CREW/C All Oem Pkg's 1.65% >2022 F350 W3D-F350 4X4 CREW/C All Oem Pkg's 1.65% >2022 F350 W3E-F350 4X2CRWCCSR All Oem Pkg's 1.65% >2022 F350 W3F-F350 4X4CRWCCSR All Oem Pkg's 1.65% >2022 F350 W3G-F350 4X2 CRW CC All Oem Pkg's 1.65% >2022 F350 W3H-F350 4X4 CRW CC All Oem Pkg's 1.65% >2022 F450 WK -F450 4X2 CRW PU All Oem Pkg's 1.65% >2022 F450 W4D-F450 4X4 CRW PU All Oem Pkg's 1.65% >2022 F450 W4G-F450 4X2 CRW CC All Oem Pkg's 1.65% >2022 F450 W4H-F450 4X4 CRW CC All Oem Pkg's 1.65% >2022 F550 W5G-F550 4X2 CRW CC All Oem Pkg's 1.65% >2022 F550 W5H-F550 4X4 CRW CC All Oem Pkg's 1.65% >2022 F250 X2A-F250 4X2 S/C All Oem Pkg's 1.65% >2022 F250 X2B-F250 4X4 S/C All Oem Pkg's 1.65% >2022 F350 X3A-F350 4X2 S/C All Oem Pkg's 1.65% >2022 F350 X313-1`350 4X4 S/C All Oem Pkg's 1.65% >2022 F350 X3C-F350 4X2 S/C DR All Oem Pkg's 1.65% >2022 F350 X3D-F350 4X4 S/C DR All Oem Pkg's 1.65% >2022 F350 X3E-F350 4X2S/CCCSR All Oem Pkg's 1.65% >2022 F350 X3F-F350 4X4S/CCCSR All Oem Pkg's 1.65% >2022 F350 X3G-F350 4X2 S/C CC All Oem Pkg's 1.65% >2022 F350 X3H-F350 4X4 S/C CC All Oem Pkg's 1.65% >2022 F450 X4G-F450 4X2 S/C CC All Oem Pkg's 1.65% >2022 F450 X4H-F450 4X4 S/C CC All Oem Pkg's 1.65% >2022 F550 X5G-F550 4X2 S/C CC All Oem Pkg's 1.65% >2022 F550 X5H-F550 4X4 S/C CC All Oem Pk 's 1.65% o � >2022 Mustang Mach -E K1R-SELECT RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K1S-SELECT AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K2R-CAL ROUTE 1 RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K2S-CAL ROUTE 1 AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K3R-PREMIUM RWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K3S-PREMIUM AWD All Oem Pkg's 1.65% >2022 Mustang Mach -E K4S-GT AWD All Oem Pkg's 1.65% Duval Ford 904-388-2144 Page 760 of 1165 Contract: BCSO 22-27 1.0 >2022 F150 F1C-F1504X2 R/C >2022 F150 F1 E -F150 4X4 R/C >2022 F150 W1C-F1504X2 CREW >2022 F150 W 1 E -F150 4X4 CREW >2022 F150 W1P-F150 POL RESP >2022 F150 W1S-F150 4X2 CREW >2022 F150 W1T-F150 4X4 CREW >2022 F150 X1C-F150 4X2 S/C >2022 F150 X1 E -F150 4X4 S/C ammommmimEmommommmom Excluding SVT >2022 Bronco Full Size E5A-BRONC0 2DR 4X4 >2022 Bronco Full Size E5B-BRONCO 4DR 4X4 >2022 Bronco Full Size E5C-2DR ADVANCD 4X4 >2022 Bronco Full Size E5D-4DR ADVANCD 4X4 >2022 Bronco Full Size E5E-4DR ADVANCD 4X4 >2022 Bronco Full Size E5F-2DR ADVANCD 4X4 >2022 Bronco Full Size E5G-2 DR ADV AWD HL >2022 Bronco Full Size E51-1-4 DR ADV AWD HL >2022 Bronco Full Size E5J-4DR ADVANCD 4X4 mmmimmmEmsmommmmmum All Oem Pkg's 1.65% >2022 Maverick Pickup W8E-MAVERICK FWD >2022 Maverick Picku W8F-MAVERICK AWD All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K7B-4DR RWD BASE >2022 Explorer SUV K7D-4DR RWD XLT >2022 Explorer SUV K7F-4DR RWD LIMITED >2022 Explorer SUV K7G-4DR RWD ST >2022 Explorer SUV K7H-4DR RWD PLTNM >2022 Explorer SUV K7K-4DR RWD ST -LINE >2022 Explorer SUV K7L-4DR RWD K RANCH >2022 Explorer SUV K8B-4DR 4WD BASE >2022 Explorer SUV K8D-4DR 4WD XLT Duval Ford 904-388-2144 FORD OEM PRODUCT OFFERING All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pkg's 1.65% All Oem Pk 's 1.65% All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% Excluding SVT All Oem Pkg's 1.65% imakSVTomm All Oem Pkg's 1.65% figamm" All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST All Oem Pkg's 1.65% Excluding ST Page 761 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 Explorer SUV K8F-4DR 4WD LIMITED All Oem Pkg's 1.65% Excluding ST All Oem Pkg's >2022 Explorer SUV K8G-4DR 4WD ST 1.65% Excluding ST All Oem Pkg's >2022 Explorer SUV K8H-4DR 4WD PLTNM 1.65% Excluding ST >2022 Explorer SUV K8J-4DR 4WD TMBLINE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8K-4DR 4WD ST -LINE All Oem Pkg's 1.65% Excluding ST >2022 Explorer SUV K8L-4DR RWD K RANCH All Oem Pkg's 1.65% Excludin ST >2022 Transit Van E1C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van E1D-MR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van E1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van E1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van E2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van E2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van E2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van E9Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van F1P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van F1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F1Z-LR CHASSIS RWD Alt Oem Pkg's 1.65% >2022 Transit Van F2P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van F2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F2Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van F4U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F4V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van F4W-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van F4X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F5X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van F6X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van F7C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F7X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van F8C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van F8X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van F8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van R1C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1D-MR CREW RWD W All Oem Pkg's 1.65% >2022 Transit Van R1V-HR CREW RWD W All Oem Pkg's 1.65% >2022 Transit Van R1X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van R2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R2V-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R2X-HR CARGO AWD All Oem Pkg's 1.65% Duval Ford 904-388-2144 Page 762 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 Transit Van R2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R2Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van R3U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van R3X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van R5P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van R5Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van R7P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van R7Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van S4U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van S4V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van S4W-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van S4X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van S6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van S6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van S8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van S8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van U4X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van U5X-HR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van U6P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van U6Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van U8P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van U8U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van U8X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van U8Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van W1D-MR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W1V-HR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W1X-HR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van W1Y-LR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van W1Z-LR CREW RWD All Oem Pkg's 1.65% >2022 Transit Van W2C-MR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2D-MR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W2V-HR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W2X-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2Y-LR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W2Z-LR CREW AWD All Oem Pkg's 1.65% >2022 Transit Van W3U-HR CARGO AWD All Oem Pkg's 1.65% >2022 Transit Van W3X-HR CARGO RWD Alt Oem Pkg's 1.65% >2022 Transit Van W4X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van W4Z-MR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van W5P-LR CUTAWAY RWD All Oem Pkg's 1.65% >2022 Transit Van W5Z-LR CHASSIS RWD All Oem Pkg's 1.65% >2022 Transit Van W7P-LR CUTAWAY AWD All Oem Pkg's 1.65% >2022 Transit Van W7Z-LR CHASSIS AWD All Oem Pkg's 1.65% >2022 Transit Van W9C-MR CARGO RWD All Oem Pkg's 1.65% >2022 Transit Van X2C-MR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X2X-HR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X2Y-LR PASS XL RWD All Oem Pkg's 1.65% >2022 Transit Van X9C-MR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van X9X-HR PASS XL AWD All Oem Pkg's 1.65% >2022 Transit Van X9Y-LR PASS XL AWD All Oem Pke's 1.65% Duval Ford 904-388-2144 Page 763 of 1165 Contract: BCSO 22-27 1.0 FORD OEM PRODUCT OFFERING >2022 Edge Suv K3G-EDGE FWD -SE All Oem Pkg's 1.65% >2022 Edge Suv K3J-EDGE FWD -SEL All Oem Pkg's 1.65% >2022 Edge Suv K3K-EDGE FWD -TITAN All Oem Pkg's 1.65% >2022 Edge Suv K4A-EDGE AWD-ST All Oem Pkg's 1.65% >2022 Edge Suv K4G-EDGE AWD-SE All Oem Pkg's 1.65% >2022 Edge Suv K4J-EDGE AWD-SEL All Oem Pkg's 1.65% Ed e Suv K4K-EDGE AWD-TITAN All Oem Pk 's 1.65% i>2022 ��MENMEEMENEEM 43-TRANACONNCT >2022 E8F-TRANCON-WGN-XLT All Oem Pkg's 1.65% 43 -TRAM CGONNCT >2022 E8G-TRANCON-WGN-TTN All Oem Pkg's 1.65% WA 43-TRA`NN CONNCT >2022 E9E-TRANCON-WGN-XL All Oem Pkg's 1.65% AG 43-TRA`NNpCONNCT >2022 E9F-TRANCON-WGN-XLT All Oem Pkg's 1.65% 43-TRNNACGONNCT >2022 E9G-TRANCON-WGN-TTN All Oem Pkg's 1.65% 43-TRA`NpCONNCT >2022 S8F-TRANCON-WGN-XLT All Oem Pkg's 1.65% 43-TRNNACONNCT >2022 S9E-TRANCON-WGN-XL All Oem Pkg's 1.65% 43-TRNN CONNCT >2022 S9F-TRANCON-WGN-XLT All Oem Pkg's 1.65% AG >2022 45 -ESCAPE UOB-SE FHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOC-SEL FHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOD-TIT FHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOE-PHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOF-BASE FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOG-ACTIVE FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UGH -SEL FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOJ-PLATINUM FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOK-SEL PHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE UOL-TIT PHEV FWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U913 -SE FHEV AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9C-SEL FHEV AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9D-TIT FHEV AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9F-BASE AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9G-ACTIVE AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9H-SEL AWD All Oem Pkg's 1.65% >2022 45 -ESCAPE U9J-PLATINUM AWD All Oem Pk 's 1.65% >2022 Police SUV K8A-4DR AWD POLICE All Oem Pkg's 1.65% >2022 Police F150 W1P-F150 POL RESP All Oem Pkg's 1.65% Duval Ford 904-388-2144 Page 764 of 1165 qpqrlll� li-Iliq Page 765 of 1165 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule Duval Ford 904-388-2144 Page 766 of 1165 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule Duval Ford 904-388-2144 Page 767 of 1165 Accessory UWS 29% • Accessory Curt 29% Accessory BetterbuiIt 29% Accessory Enpak/Miller 29% Accessory US Tarp 29% • Accessory Chelsea 29% Accessory Muncie 29% Accessory Decked 29% Accessory Kussmall 29% Accessory Tigertough 29% Accessory Warn 29% Accessory Weatherguard 29% Accessory Roll n Lock 29% Accessory Retrax 29% Accessory ARE 29% Accessory Ranch 29% Accessory Century 29% Accessory LineX 29% Accessory Toff Brand 29% Accessory Aervoe 29% Accessory Amerex 29% .. Accessory Accessory Keystone Automotive Meyer Distributing 29% 29% Accessory Wanco (Arrow/Message Boards) Speed Trailers 29% Accessory Bak Flip 29% .' Accessory Cargo Glide 29% Accessory VAN BODY JBC Safety: Traffic Safety Products Rockport 29% 14% VAN BODY Complete Van Body 14% VAN BODY Conyers Mfg. 14% VAN BODY VANS Supreme Corporation Masterack 14% 22% VANS Legend 22% VANS Kargo Master 22% VANS Prime Design 22% VANS Weatherguard 22% VANS AERIAL Ranger DuraliftAerial Devices 22% 22% Package Disc available AERIAL Axion Aerial Devices 22% Package Disc available AERIAL Challenger Aerial Devices 22% Package Disc available AERIAL ALTEC 33% Package Disc available AERIAL LIGHTING Stamm Mfg Trafcon Signals 24% 20% Package Disc available LIGHTING WHELEN 20% LIGHTING ISouncloff 20% ' LIGHTING LIGHTING Brookings Metra 20% 20% LIGHTING Code3 20% Duval Ford 904-388-2144 Page 767 of 1165 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule • LIGHTING hg2 20% ' LIGHTING Unity 20% ' LIGHTING Streamlight 20% LIGHTING Ecco 20% LIGHTING SpeedTech 20% ' LIGHTING Bayco 20% LIGHTING Able Products 20% •' LIGHTING Go Light 20% LIGHTING Maxxima 20% LIGHTING Star 20% LIGHTING LE DEVICE Pelican Products PhillipsAed's 20% 20% LE DEVICE Zoll Aed's 20% LE DEVICE LE DEVICE Watchgaurd Digital Ally 20% 20% 1 LE DEVICE Mag light 20% LE DEVICE LE DEVICE Stalker AceK9 20% 20% LE DEVICE Panasonic 20% LE DEVICE Intermotive 20% LE DEVICE Dell 20% LE DEVICE LE DEVICE Angel Armor Brother Printers and Accessories 20% 20% LE DEVICE ISBI Window Ballistics 20% LE DEVICE LE DEVICE Zebra printers and Tablets Tremco 20% 20% LE DEVICE Santa Cruz 20% LE DEVICE LE Metal Big Sky Gun Racks GamberJohnson 20% 20% LE Metal Havis 20% LE Metal Pro -Gard 20% LE Metal Setina 20% LE Metal LE Metal Troy Jotto 20% 20% LE Metal LE Metal American Aluminum Westin 20% 20% LE Metal GoRhino 20% LE Metal Sterling 20% LE Metal RanchHand 20% LE Metal Highway Safety Products 20% LE Metal Ram Mount 20% LE Metal Plastix Plus 20% LE Metal Tuffy Products 20% LE Metal Tufloc-Esmet 20% LE Metal Lund 20% LE Metal Ops Products 20% LE Metal Ray Allen K9 20% • LE Metal LE Metal Laguna LEM Solutions: Printer Mounts 20% 20% Duval Ford 904-388-2144 Page 768 of 1165 Contract BCSO 22-27 1.0 AMO: After Market Pricing Schedule Duval Ford 904-388-2144 Page 769 of 1165 Per section [L] tab 4, part 3, Duval Ford will deliver all completed vehicles to BCSO at no charge, F.O.B. purchased off this agreement. For deliveries to agencies other than BCSO, Duval Ford will charge $2 per mile from zip code 32210 to agency zip code per mileage posted on Mapquest or similar site data. This charge will include the fuel and may be achieved via motor carrier or contract driver. q2,r-- Richard Tackett Date: 9/5/2022 President / General Manager Duval Fleet Duval Ford, Duval Chevrolet richard.tackett@duvalfleet.com Page 770 of 1165 Page 771 of 1165 The undersigned bidder in accordance with Florida Statute 287.087 hereby certifies that _DLIVAL FORD 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Contract Number BCSO 22-27-1.0 Bidder's Signature Page 772 of 1165 .Omri ................ 111111111 l��� 11111111111■i 1 0 A (MIM4 VA I Duval Ford, upon BCSO approval, may engage partnered dealerships for purposes of providing expedited delivery of products not currently available in inventory. When available, the transaction price will become the bid percentage submitted plus a $400 administrative fee. In cases where the end product is an alternative brand (i.e. Dodge, Honda etc.) the partnered dealer will be named, posted and held to the terms and conditions of the BCSO contract and recognized as a transactional subcontractor of the awarded dealership. In no way will the resulting transaction between the dealer and agency be indirect, or a "brokered" sale. The transaction is original and direct between entities adhering to the Manufacturer's franchise agreements and the manufacturer's statement of origin is assigned directly to the end user as a new, unused, non -brokered, direct agency sale, matching the named entity on the agency purchase order, binding those entities per agency purchasing guidelines. Richard Tackett Date: 9/5/2022 President / General Manager Duval Fleet Duval Ford, Duval Chevrolet richard.tackett@duvalfleet.com Page 773 of 1165 � o °n w z° Page 774 of 1165 BRADFORD D CO UNT'Y TELEGRAPH Published Weekly Starke, Bradford County, Florida Before the undersigned authority personally appeared, Mary Goodge, personally known to me, who on oath says that she is the publisher's assistant of the Bradford County Telegraph, a weekly newspaper published in Starke, Bradford County, Florida that: BRADFORD COUNTY SHERIFF'S Office, 945-B N. Temple Ave., Starke, FL 32091, Request for Proposal for Purchase of Motor Vehicles. Published in said newspaper in the issue(s) of: 8/25 & 9/1/22 BCT. Affiant further says that the said Bradford County Telegraph is a newspaper published in Starke, in Bradford County, Florida, and that the said newspaper has heretofore been continuously published in said Bradford County, Florida, each week and has been entered as second-class mail matter at the post office in Starke, Bradford County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement. Affiant further says that she has never paid nor promised any person, firm, or corporation any discount, rebate, commission, or refund for the purpose of securing this advertisement for publication of said newspaper. Mary Goodge, Publisher s Assistant STATE OF FLORIDA COUNTY OF BRADFORD The fpregoing i ment was acknowledged before me this day of 20�. By; Mary Goodge who is ✓ personally known to me who did (did not) take an oath. *Notaryblic - HEATHER WHEELER STATE OF FLORIDA My Commission expires: July "'` HEATHERWHEELER SEAL s': .: *_ Commission # HH 242059 P` Expires July 17, 2026 E'•.Fob n;4�• REQUEST FOR PROPOSAL The Bradford County Sheriff's Office requests proposals for the purchase of motor vehicles and related vehicle components for the Fleet Management Division and it's eligible users. Deadline for sealed proposals is September _ 61h, 2022 @ 10;00 AM. Please email Major George Konkel (george_ konkel@bradfordsheriff.org) for Proposal packets or see our website; bradfordsheriff.org 0125 21chg 9/1 -BCT Page 775 of 1165 Call Usfirst, for all of your Fleet Automotive, & Light Truck needs. .................. ................. ......... . . .............. PHONE (80 0) A LA NJA Y (252-6529) DIRECT $63-402-4234 WWW.ALANJAY.COM .......... Corporate I 2003 U.S. 27 South MOBILE 863-381-3411 FAX 863-402-4221 S I e I b I r - I - n F I L "1 3 1 3 11 8 1 7 1 0 F ........................ ... .......... ... L .. ........ ORIGINAL QUOTE 311412023 DATE QUICK QUOTE SHEET REQUESTING AGENCY BOYNTON BEACH, CITY OF ­ "I . .......... .. ........................ Quote 44121.11111-111111 Sebring, FL 33871-9200 E J E DQI10ll,l9ATE� 0 2 "3, CONTACT PERSON RICKY OPITZ EMAIL .............. PHONE 561-742-6205 MOBILE FAX ....... -............................... --. . . . . . . . ................ _ .................. . . . . . . ..... . ...... . . .... ....... CONTRACT "NUMBER 5179 - 2023 CITY OF TALLAHASSEE .... ...... ......... . MODEL .... ........ ............... F3G 640A MSRP $44,340.00 2023 FORD F-350 REGULAR CAB CHASSIS DRW 2WD XL 60" CA 145" WB ?41,,Y24 1L1,3'111141IATE GOVERNMENT PRICE $41,961.00 1KHREIRIM 60" CA... ....................... All vehicles will be ordered white wl darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION ESTIMATE ESTIMATED INCREASE - 2024 ORDER BANK NOT YET OPEN. THIS IS A BUDGET QUOTE ONLY. ACTUAL PRICE MAY VARY $10,000.00 UP OR DOWN. ---------------------------------- .................... ............... YZ AS ------------------------------------------------------------------------------- EXTERIOR COLOR Oxford White with Medium Earth Gray, HD Vinyl 40/20/40 Split Bench Seat ..... $0.00 .................... ............ 99N 446 ----------------------------- 1-1-1-1-1 ................ --------------------------------------------------------------------------------- Engine: 7.31. 2V DEVCT NA PFI V8 Gas, Transmission: TorqShift 10 -Speed Automatic. -------------------- .................... $0.00 --------- ­­­­­ --------------- 76C ---- 11 --- 111 -- --------- --..._.u_---------...-- . EXTERIOR BACKUP ALARM --- ---------- $170.00. --------------------- 872 --------------------------- Rear View Camera & Prep Kit $410.00 -Inc: Pre-installed content includes cab wiring, frame wiring to the rear most cross member and video display w/4" display, Upfitters kit includes camera w/mounting bracket, 14'jurnper wire and camera mounting, aiming instructions and electrochromic mirror ----------------------------------------------- ...... ........... PW PL ---------------------------- 1-1 -------- -- 11 ........................ PWR WINDOWS AND LOCKS (INCL) ................ $0.00 RKE REMOTE KEYLESS ENTRY (STD)$0.00 ............. ......................... ......... ----------- BT BLUE TOOTH (STD)Moo ....... ­ ----------- BUC ................. ................. ...... FACTORY BACK UP CAME RA(STD). -------------- ­--------------------- . $0,00 ............... . ....... FACTORY OPTIONS . $10,580.00 AFTERMARKET OPTIONS DESCRIPTION W LEGACY48-AW Whelen 48" Legacy DUO light bar, Amber/White, with adjustable feet & Strap kit. $2,130.00 - - .................. BR 91006 --11-1-1-1 ..................................... 11_------- -------------------------------------------------------------- .......... BACK RACK LIGHT BAR MOUNTING KIT (Use with Light Bar to Mount on top of Bulkhead) ------------- __ ----- ------------------- $95.00 -------- ­­ -------- W 6 -SWITCH .............. ___ - ------------ Whelen 6 -switch contoller.$140.00 ----------------------- rS MPS62U-4 ------------------------ -------------- .......... (4) Federal Signal MicroPulse Ultra dual color with (2) mounted in grille and (2) mounted to rear of vehicle. $705.00 .................... ....................... K 9AFB ­­­­­­__ --------------------- ­_________­_­_­_­ ........... _ ............... Knapheide 9' Aluminum Flat Bed Body. COMPOSED OF MILITARY -GRADE ALUMINUM EXTRUSIONS, $8,622.00 RESULTING IN A BODY THAT IS 40% LIGHTER THAN STEEL, RETURNING PAYLOAD BACK TO THE OPERATOR AEROSPACE ASSEMBLY TECHNOLOGY: ASSEMBLED ENTIRELY FROM GRADE 5 HARDWARE AND STRUCTURAL RIVETS THAT ARE COATED SPECIFICALLY NOT TO CORRODE WITH ALUMINUM MATERIALS 6"X1.5" MILITARY -GRADE ALUMINUM EXTRUDED PLANKS PERFORM DOUBLE DUTY PROVIDING EXCEPTIONAL STYLING AND STRENGTH FOR THE FLOOR, AS WELL AS UNMATCHED STRUCTURAL STRENGTH AS THE CROSS SILLS SIDE RAILS ARE EXTRUDED MILITARY -GRADE ALUMINUM CHANNEL WITH A TAPERED EDGE PROVIDING PROTECTION TO THE FLOOR PLANKS AND ALLOWING FOR CARGO AND PRODUCT TO BE LOADED AND UNLOADED WITHOUT DAMAGE. EXTERNAL 3/8- THICK MILITARY -GRADE ALUMINUM RUB RAILS. ATTACHED TO THE SIDES WITH HARDWARE FOR EASY REPLACEMENT IN THE EVENT OF DAMAGE. REINFORCED STAKE POCKETS SIZED TO ACCEPT KNAPHEIDE SIDE OPTIONS. INTEGRATED UNDER BODY TIE - DOWNS PROVIDE A REINFORCED LOCATION FOR ATTACHING CARGO TIE -DOWN STRAPS. LONG SILLS ARE AN EXTRUDED ALUMINUM STRUCTURAL CHANNEL. ALL LEE) CLEARANCE AND MARKER LIGHTS MEET FMVSS 108. REQUIREMENTS. ALUMINUM DROP IN BULKHEAD W/ATTACHED GUSSETS, 40" HIGH X 96" WIDE - LOOSE. FUEL FILL MOUNTING BRACKET FOR ALUMINUM PLATFORM. ALUMINUM PLATFORM MOUNTING KIT FOR FORD 2017 & NEWER, 60" - 84" CA - LOOSE. MUD FLAP BRACKETS FOR ALPS & ALPGNB DUAL REAR WHEEL- LOOSE. MIAMI MUD FLAPS RUBBER. BRACKET ANTI -SAIL CHROME. FUEL/DEF FILL MOUNTING BRACKET FOR ALUMINUM PLATFORM. --------------------------------------------------------- ............ ------- --- ­ ----------------- K R4096-09 ­­,............. _ ..... ­, ------- - - - - - ------- ADD Aluminum stake sides to 9'flatbed$3,935.00 ------------------- ------- I—— --- I I ----- K LG16-AL37-RG --------------­­­­­­______ ------------------------------------------------------------------ ....................... Maxon C2-92-1650 EA37 1600 lb flat bed, stake and van body lift gate 87" x 37"+ 6" aluminum platform (includes $5,815.00 duplicate STT lights).................. ....................... ----------- --------------­-­ ------ 4KR --- ­­ ---------------- (2) Additional keys and remotes, cut and programmed. -------------- I ................. --------------------------------------------------- $430.00 --------- ­ � ------- TALLY-BOYNTON BEACH, CITY OF-F3G 640A-44211-1_Quote.PDF Page 1 of 2 Page 776 of 1165 CONTRACT NUMBER 5179 - 2023 CITY OF TALLAHASSEE NEW -TAG New CITY tag Includes temp tag& two way overnight shipping for signature. ...... ............. ­­­--------- ..................... .......... AFTERMARKET OPTIONS TRADE IN 1"NOMMONNOMOMMONNOWNWO I �T . ........ . . ..... .. . . . ....... TOTAL COST LESS TRADE IN(S) QTY I Esflnuaed Anriivalf payineints fou r 60 riliunflis jWd iirvI advancea! � $16,720,32 'AuMr�jj)ai finaince for airiy essientW use vehkle, requires IIender appm%W, VIAC Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS . .. .. . .......... . ........ .. ............... VEHICLE QUOTED BY CHRIS WILSON FLEET SALES MANAGER $245.00 $22,117.00 $0.00 $74,658.00 7 Want to be )!©w Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please fool free to contact me at any time. i am always happy to be of assistance. TALLY-BOYNTON BEACH, CITY OF-F3G 64OA-44211-I—QUote,PDF Page 2 of 2 Page 777 of 1165 2/17/2023 R iMlr iw h'so Rechtien International Trucks, Inc 11 w''T� FLORIDA SHERIFF'S ASSOCIATION CONTRACT - FSA22-VEH2O.0 Heavy Trucks Customer: CITY OF BOYNTON BEACH GRAPPLE TRUCK Specification: 91 Region: SOUTHERN Quantity Unit Cost extended Model: MV607 Base Price: 1 $ 73,400.00 $73,400.00 Contract Options: All Contract Options include a discount from manufacturer MSRP 1CAG FRAME RAILS, 120,000 PSI 1 $ 821.00 $ 821.00 1 WEJ WHEELBASE RANGE 175" THROUGH AND INCL. 254" 1 $ 280.00 $ 280.00 2AST AXLE, FRONT, NON -DRIVING (MERITOR MFS -14-122A) 14,000LB 1 $ 417.00 $ 417.00 3ADD SUSPENSION, FRONT, PARABOLIC, 14,000LB 1 $ 530.00 $ 530.00 4EDN AIR DRYER (BENDIX AD-9SI) 1 $ 360.00 $ 360.00 4722 DRAIN VALVE (BENDIX DV -2) AUTOMATIC, WITH HEATER 1 $ 132.00 $ 132.00 5708 TILTING STEERING WHEEL COLUMN 1 $ 100.00 $ 100.00 8RMH BATTERY DISCONNECT SWITCH (COLE-HERSEE 75920-06) 1 $ 141.00 $ 141.00 8RPS AM/FM/WB/CLOCK/BLUETOOTH/USB INPUT/AUX INPUT 1 $ 387.00 $ 387.00 8THB BACK-UP ALARM 1 $ 96.00 $ 96.00 8WPZ TEST EXT. LIGHTS, PRE TRIP INSPECTION 1 $ 34.00 $ 34.00 8WRB HEADLIGHTS ON WITH WIPERS 1 $ 34.00 $ 34.00 8XPA HEADLIGHTS LED, W/DAYTIME RUNNING, AUTOMATIC TWILIGHT 1 $ 790.00 $ 790.00 8WXD (BXHC)ALARM PARKING BRAKE, SOUNDS WHEN NOT ENGAGED 1 $ 34.00 $ 34.00 9WAC (9WBZ)BUG SCREEN BEHIND GRILLE 1 $ 105.00 $ 105.00 10VAA (10WBS) KEYS - ALL ALIKE, ADDITIONAL 3 KEYS 1 $ 46.00 $ 46.00 10771 (10769) PAINT CLASS, SINGLE CUSTOM COLOR 1 $ 560.00 $ 560.00 12ERL ENGINE, CUMMINS B6.7 300 HP. 1 $ 3,924.00 $ 3,924.00 12XBM ENGINE CONTROL, REMOTE MOUNTED FOR PTO CONTROL 1 $ 48.00 $ 48.00 13BCS TRANSMISSION, AUTOMATIC, ALLISON 3000RDS 1 $ 5,860.00 $ 5,860.00 14AGE (14AHE) AXLE, REAR, SINGLE, (DANA SPICER S23-190) 1 $ 1,768.00 $ 1,768.00 16SDC GRAB HANDLE, EXTERIOR (2), MOUNTED ON B -PILLAR 1 $ 189.00 $ 189.00 16VLK CAB REAR SUSPENSION, AIR SUSPENSION FOR MID CAB HEIGHT 1 $ 458.00 $ 458.00 27DUL (27DPN)WHEELS, FRONT(ACCURIDE 29039) DISC, STEEL 22.5x9.00 1 $ 164.00 $ 164.00 60AKY BODY INTG, DASH IND LT TRICOLOR (1) OPT. USAGE PROGRAM 1 $ 78.00 $ 78.00 60ABC BODY INTG, REMOTE START/STOP 1 $ 450.00 $ 450.00 60AAA (60AAG) BODY INTEGRATION POWER MODULE 1 $ 552.00 $ 552.00 7372135809 11 R 22.5 REAR TIRES LOAD RANGE G 6 $ 98.00 $ 588.00 SAFETY TRIANGLES AND 5LB.FIRE EXTINGUISHER 1 $ 201.00 $ 201.00 NEWTAG COUNTY/CITY TAG 1 $ 295.00 $ 295.00 GRPL-TL3 PETERSEN LIGHTNING LOADER TL3 1 $ 107,817.00 $ 107,817.00 Non -Contract Options: All Non -Contract Options include a discount from manufacturer MSRP UPGRADE FOR CITY OF BOYNTON BEACH (HARDOX 2030 Body) 1 $ 6,900.00 $ 6,900.00 07382158132 - FRONT TIRES 12R 22.5 RATED H GOODYEAR ENDURANCE RSA 2 $ 551.00 $ 1,102.00 �dNG��I��;�1��lN�l�f��i7�fffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffl1, $ - Total Total Purchase Order Amount: Cab Color: 6P15 BLUE Body Color: ORANGE Prepared By: Carlos Correa Rechtien International 3787 Interstate Park Rd. Riviera Beach, FL 33404 office: 561-882-9050 cell: 954.422.4760 **Florida Waste Tire Fee **Florida Waste Battery Fee **included in base price Authorized Agent Signature: Date Signed: 207,620.00 $ 208,661.00 1.00 $ - 1.50 $ - 207,620.00 $ 208,661.00 fax: 561-882-0218 email: ccorrea@rechtien.com Page 778 of 1165 2/27/2023 RRechtien International Trucks, Inc FLORIDA SHERIFF'S ASSOCIATION CONTRACT - FSA22-VEH2O.0 Heavy Trucks Customer: CITY OF BOYNTON BEACH Specification: 108 Region: SOUTHERN Model: HV613 Base Price: Contract Options: All Contract Options include a discount from manufacturer MSRP 1CAGHV6074 CREDIT - HV607 WITH CUMMINS L9 370 HP ENGINE 1GBP FRAME REINFORCEMENT OUTER"C" CHANNEL HEAT TREATED 1 WGY WHEELBASE RANGE 148" THROUGH AND INCL. 264" 2ARY AXLE, FRONT, NON -DRIVING (MERITOR MFS -20-133A) 20,000LB 3ADD SUSPENSION, FRONT, PARABOLIC, 20,000LB WITH SHOCK ABSORBERS 4AZJ AIR BRAKE ABS (BENDIX ABS) 4 CHANNEL W/ TRACTION CONTRO 4EBT AIR DRYER (BENDIX AD -IP) WITH HEATER 5PTB STEERING GEAR (2) {Sheppard M100/M80} Dual Power 7WBU EXHAUST HEIGHT 11'6" 7BLW EXHAUST SYSTEM HORIZ. AFTR W/ VERT. TAIL PIPE 8RLZ BATTERY DISCONNECT SWITCH (COLE-HERSEE 75920-06) 8RPT AM/FM/WB/CLOCK/USB INPUT/AUX INPUT 8TPS (8TPR) STOP, TURN, TAIL & B/U LIGHTS (WELDON) LED 8WDG BACK-UP ALARM 8WPZ TEST EXT. LIGHTS, PRE TRIP INSPECTION 8WRB HEADLIGHTS ON WITH WIPERS 9WAC BUG SCREEN BEHIND GRILLE 10WWP MUD FLAPS, FRONT WHEELS (2) RUBBER, BEHIND FR.WHEELS 10771 PAINT CLASS SINGLE CUSTOM COLOR 13BCS TRANSMISSION, AUTOMATIC, ALLISON 3000RDS 13WAW OIL COOLER, AUTO TRANSMISSION (MODINE) WATER TO OIL TYPI 14HRE AXLE, REAR, TANDEM, (MERITOR RT46-164) 46K, DIFF LOCK F+R 14UMX SUSP. REAR, TANDEM (HENDRICKSON HMX EX460) WALK BEAM 46K 14WBS (14WCR) TRANSVERSE TORQUE RODS WITH HENDRICKSON SUSPENSIO 14WBV SHOCK ABSORBERS, REAR (4) FOR HENDRICKSON HMX SUSP. 16SDC (16SGH)GRAB HANDLE, EXTERIOR (2), MOUNTED ON B -PILLAR 16SNR MIRRORS (2) C-LOOP, POWER, HEATED, BRIGHT 16WJU WINDOW, POWER (2) AND POWER DOOR LOCK 16WSL (16SDZ) MIRRORS, CONVEX HOOD MOUNTED (2) LFT & RGT 27DUM (27DUN)WHEELS, FRONT(ACCURIDE 29806) DISC, STEEL 22.5x12.25 7372135425 11 R 22.5 REAR TIRES LOAD RANGE G HDL2 CONTINENTAL DRIVE SAFETY TRIANGLES AND 5LB.FIRE EXTINGUISHER NEWTAG COUNTY/CITY TAG ROLL-OFF60K GAL -FAB ROLL -OFF HOIST SYSTEM STROBE 4 CORNER STROBE LIGHTS WITH SWITCH ROLL -OFF TRUCK Quantity Unit Cost extended 1 $ 104,209.00 $104,209.00 Non -Contract Options: All Non -Contract Options include a discount from manufacturer MSRP Total: Total Purchase Order Amount: Cab Color: 6P15 BLUE Body Color: ORANGE Prepared By: Carlos Correa Rechtien International 3787 Interstate Park Rd. Riviera Beach, FL 33404 office: 561-882-9050 cell: 954.422.4760 ""Florida Waste Tire Fee "Florida Waste Battery Fee -included in base price Authorized Agent Signature: Date Signed: fax: 561-882-0218 $ (7,175.00) $ (7,175.00) $ 1,260.00 $ 1,260.00 $ 787.00 $ 787.00 $ 1,578.00 $ 1,578.00 $ 507.00 $ 507.00 $ 128.00 $ 128.00 $ 369.00 $ 369.00 $ 132.00 $ 132.00 $ 83.00 $ 83.00 $ 640.00 $ 640.00 $ 174.00 $ 174.00 $ 258.00 $ 258.00 $ 175.00 $ 175.00 $ 148.00 $ 148.00 $ 30.00 $ 30.00 $ 30.00 $ 30.00 $ 92.00 $ 92.00 $ 104.00 $ 104.00 $ 490.00 $ 490.00 $ 8,005.00 $ 8,005.00 $ 629.00 $ 629.00 $ 10,240.00 $ 10,240.00 $ 4,202.00 $ 4,202.00 $ 651.00 $ 651.00 $ 615.00 $ 615.00 $ 166.00 $ 166.00 $ 467.00 $ 467.00 $ 257.00 $ 257.00 $ 150.00 $ 150.00 $ 735.00 $ 735.00 $ 136.00 $ 816.00 $ 201.00 $ 201.00 $ 295.00 $ 295.00 $ 63,250.00 $ 63,250.00 $ 1,323.00 $ 1,323.00 195,341.00 $ 196,021.00 1.00 $ - 1.50 $ - 195,341.00 $ 196,021.00 email: ccorrea@rechtien.com Page 779 of 1165 Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote PHONE (800) ALANJA Y (252-6529) DIRECT 863-402-4234 WWW.ALANJAY.COM 44203-7 Corporate ; CffFiCe 2003 U.S. 27 South Sebring, FL 33870 MOBILE 863-381-3411 Mamho ° Address; P.O. BOX 9200 Sebring, FL 33871-9200 FAX 863-402-4221 ORIGINAL UTE D3//114/02023 ATE QUICK QUOTE SHEET RFVOSR..312 2023... DATE REQUESTING AGENCY CONTACT PERSON PHONE BOYNTON BEACH, CITY OF RICKY OPITZ EMAIL Il,xi ll,;; 7,11w",e ll;;,ll1,lf!;II;;;;.US 561-742-6205 MOBILE FAX TALLY-BOYNTON BEACH, CITY OF -111C 101A 148_44203-7_Quote.PDF Pftlj6780 of 1165 CONTRACT NUMBER 5179 - 2023 CITY OF TALLAHASSEE MODEL R1C 101A 148 MSRP $46,515.00 2023 FORD TRANSIT T-250 CARGO VAN MEDIUM ROOF 9070 GVWR - RWD- CUT WEIR llllf;) IMY24 4 I11:..:.S°1"IIIA A°1If°I11: GOVERNMENT PRICE $43,319.00 148" WB ** All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION ESTIMATE ESTIMATED INCREASE - 2024 ORDER BANK NOT YET OPEN. THIS IS A BUDGET QUOTE ONLY. ACTUAL PRICE MAY VARY $10,000.00 UP OR DOWN. NO GLASS NO CARGO DOOR GLASS IN BACK OR SIDE OF VAN. $0.00 YZ VK EXTERIOR COLOR OXFORD WHITE WITH PEWTER VINYL INTERIOR $0.00 99844U 3.5L PFDI V6 WITH 10 -SPEED TRANSMISSION. $0.00 53B Heavy -Duty Trailer Tow Package $480.00 -inc: Deletes rear tow hook, 4/7 pin connector assembly and rear jumper and relay system for backup/B+/running lights, This package does not include a Trailer Brake Controller (67D), Additionally, if customer wants a trailer brake controller after initial purchase, it will have to be an aftermarket trailer brake controller and aftermarket wiring harness, Frame Mounted Hitch Receiver, Tow/Haul Mode w/Trailer Wiring Provisions, trailer wiring harness to rear of vehicle for upfit, Trailer Sway Control (TSC), 4/7 pin connector assembly and rearjumper, This package does not include a Trailer Brake Controller (67D), Additionally, if customer wants a trailer brake controller after initial purchase, it will have to be an aftermarket trailer brake controller and aftermarket wiring harness 545 Short -Arm Manual -Folding Heated Pwr Adjusting Mirrors $155.00 86F 2 ADD'L KEYS with FOBS $70.00 942 NON PROGRAMABLE DAYTIME RUNNING LIGHTS $40.00 PW PL PWR WINDOWS AND LOCKS (INCL) $0.00 RKE Proximity Key For Doors And Push Button Start $0.00 Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Remote Releases -Inc: Mechanical Fuel BT BLUE TOOTH (STD) $0.00 BUC FACTORY BACKUP CAMERA(STD). $0.00 FACTORY OPTIONS $10,745.00 AFTERMARKET OPTIONS DESCRIPTION 42TLM ELECTRICAL CONTRACTOR 60" H SHELVES - TRANSIT 148" WB MID ROOF 40651 Partition - Perforated - Transit Mid/High $6,030.00 Roof, Sprinter Std Roof, NV High Roof, ProMaster Low/High Roof x 1, 406TM Partition Wing Kit - Transit Mid Roof x 1, 48524 Shelf Unit - 52" W x 60" H x 14" D x 3, 40040 Shelf Door Kit 52" W x 2, 40090 Drawer Cabinet - 4 Drawers x 2, 40230 Wire Reel Holder - 5 Spindle x 1, 40270 Hanging File Holder x 1, 40310 Small Parts Shelf Bin - 10" W Plastic x 10, 40030 Shelf Dividers 6" Tall (Set of 6) x 1, 48190 Shelf Unit - Shelf Lip 10" L x 1 4097M + 4081T Ford Transit Mid Roof - Single EZ Drop Down Ladder Rack (Passenger Side) $1,745.00 NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature. $245.00 PSBS PRIORITY START BATTERY SAVER $279.00 W TLI-4 AW (4) Whelen ION "T" series ultra thin light heads surface mounted with (2) in grille and (2) to rear of vehicle/body. $730.00 (AMBER/WHITE) 806 -1220 -VAN XANTREX 2000W pure sine inverter mounted to rear partition, in cargo area, accessible at side load door with ignition $1,195.00 sourced remote / user control mounted on dash mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. TALLY-BOYNTON BEACH, CITY OF -111C 101A 148_44203-7_Quote.PDF Pftlj6780 of 1165 Page 781 of 1165 CONTRACT NUMBER 5179 - 2023 CITY OF TALLAHASSEE 1 AFTERMARKET OPTIONS $10,224.00 TOTAL COST S64.288.00 $0.00 TOTAL COST LESS TRADE IN(S) CITY 1 $64,288.00 Esthmated Ainnuapayrnents for 60 rnonths paid hin advainm $11.4,397.87 Munkipall finance foir any essenfiall use vehkIle, requires Ilena.8er apprcwall, WAC. Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS VEHICLE QUOTED BY CHRIS WILSON FLEET SALES MANAGER Ch1ris::Wii.11..S.o11'�..( 11 " ........................... ............. . ........ . . ... g�oj "I Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance. TALLY-BOYNTON BEACH, CITY OF-R1C 101A 148-44203-7—Quote.PDF Pft�j6782 of 1165 Page 783 of 1165 P Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote PHONE (800) ALANJA Y (252-6529) DIRECT 863-402-4234 WWW.ALANJAY.COM 44205-1 Corporate Offi" 2003 U.S. 27 South Sebring, FL 33870 MOBILE 863-381-3411 Mellling P.O. BOX 9200 Sebring, FL 33871-9200 FAX 863-402-4221 Address ORIGINAL /140T02 DATE QUICK QUOTE SHEET REQUESTING AGENCY CONTACT PERSON PHONE BOYNTON BEACH, CITY OF RICKY OPITZ EMAILII"CYII,ICS;I10EPIliiIl3IFIL..,,U.US 561-742-6205 MOBILE FAX URE.VUSED QUOTE DATE 3/14/2023 "1 Want to be Your Fleet Provider" appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time 1 am always happy to be of assistance. TALLY-BOYNTON BEACH, CITY OF-CC10903 1WT_44205-1_Quote.PDF Pa 1784 of 1165 CONTRACT NUMBER 5179 - 2023 CITY OF TALLAHASSEE MODEL CC109031WT MSRP $35,800.00 2023 CHEVY SILVERADO 1500 REGULAR CAB 2WD 8' BED WORK TRUCK 140" WB CUS 1"OlII IIII1!1 MY24 Ilf:.::B III"'IIIMXIIl"'l11: GOVERNMENT PRICE $32,640.00 8' BED ** All vehicles will be ordered white w/ darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION ESTIMATE ESTIMATED INCREASE - 2024 ORDER BANK NOT YET OPEN. THIS IS A BUDGET QUOTE ONLY. ACTUAL PRICE MAY VARY $10,000.00 UP OR DOWN. GAZ H2G EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. $0.00 1_36 MQE Engine, 2.7L Turbo with Transmission, 8 -speed automatic, electronically controlled, also requires the following add $0.00 options; (310 hp [231 kW] @ 5600 rpm, 348 Ib -ft of torque [471 Nm] @ 1500 rpm)(Requires (PEB) WT Value Package, (PCV) WT Convenience Package or (PEF) Work Truck 2.7L Fleet Package, (H1T) or (HOU) Jet Black cloth interior, (C4P) semi-automatic air conditioning, (UE1) OnStar, (KI4) 120 -volt power outlet and (KC9) 120 -volt bed mounted power outlet.lncludes (MQE) 8 -speed automatic transmission and (KW5) 220 -amp alternator. Included with (PEF) Work Truck 2.7L Fleet Package. Not available with (Z71) Z71 Off -Road Package, (PQA) WT Safety Package, (UD7) Rear Park Assist, (VYU) Snow Plow Prep Package or (ZW9) pickup bed delete.)*GROSS* NO HITCH CUSTOMER DID NOT REQUESTA TRAILER HITCH $0.00 PW PL PWR WINDOWS AND LOCKS (INCL) $0.00 BT BLUE TOOTH (STD) $0.00 BUC FACTORY BACK UP CAMERA(STD). $0.00 FACTORY OPTIONS $10,000.00 AFTERMARKET OPTIONS DESCRIPTION HD SOB LG HD Scorpion spray on bed liner (long bed) under rail. $700.00 NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature. $245.00 AFTERMARKET OPTIONS $945.00 TRADE IN TOTAL COST S43.585.00 $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $43,585.00 stllll'ttYImN'U:ed AnII' ua] l3ayr flt..Il' is ]t:Dll" 60 If1tlt:AlrflU;hs Ill Illn a dva111"flce: 9,761.2 lft II'111 ;IIU a SII IYnall'nce fa"81P any essentliall use veil"o Ildawp_ Irequili lre s_ 16,""IYNd elr a ppICa"8va ll, WAC. Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS VEHICLE QUOTED BY CHRIS WILSON FLEET SALES MANAGER chlriie„anriillsaaindleVallm"a „a cnlnn "1 Want to be Your Fleet Provider" appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time 1 am always happy to be of assistance. TALLY-BOYNTON BEACH, CITY OF-CC10903 1WT_44205-1_Quote.PDF Pa 1784 of 1165 Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) Note:Photo may not represent exact vehicle or selected equipment. Window Sticker SUMMARY [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck MSRP:$36,500.00 Interior:Jet Black, Vinyl seat trim Exterior 1:Summit White Exterior 2:No color has been selected. Engine, 2.7L Turbo High -Output Transmission, 8 -speed automatic, electronically controlled OPTIONS CODE MODEL MSRP CC10903 [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab $36,500.00 140" Work Truck OPTIONS 1 WT Work Truck Preferred Equipment Group $0.00 AZ3 Seats, front 40/20/40 split -bench $0.00 E63 Durabed, pickup bed $0.00 FE9 Emissions, Federal requirements $0.00 GAZ Summit White $0.00 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 785 of T'Mt Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) GU6 Rear axle, 3.42 ratio $0.00 H2G Jet Black, Vinyl seat trim $0.00 IOR Audio system, Chevrolet Infotainment 3 system $0.00 L3B Engine, 2.7L Turbo High -Output $0.00 MQE Transmission, 8 -speed automatic, electronically controlled $0.00 QBN Tires, 255/70R17 all -season, blackwall $0.00 QBR Tire, spare 255/70R17 all -season, blackwall $0.00 R7N Not Equipped with Steering Column Lock, see dealer for details ($50.00) RD6 Wheels, 17" x 8" (43.2 cm x 20.3 cm) Ultra Silver painted steel $0.00 Option/package discount ($1,500.00) SUBTOTAL $34,950.00 Adjustments Total $0.00 Destination Charge $1,895.00 TOTAL PRICE $36,845.00 FUELECONOMY Est City:19 MPG Est Highway:22 MPG Est Highway Cruising Range:616.00 mi This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 786 of T'Mt Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) Standard Equipment Package Mechanical Exterior Chevy Safety Assist includes (UHY) Automatic Emergency Braking, (UKJ) Front Pedestrian Braking, (UHX) Lane Keep Assist with Lane Departure Warning, (UE4) Following Distance Indicator, (UEU) Forward Collision Alert and (TQ5) IntelliBeam Engine, 2.7L Turbo High -Output (310 hp [231 kW] @ 5600 rpm, 430 Ib -ft of torque [583 Nm] @ 3000 rpm) (STD) (Not available with (Z71) Z71 Off -Road Package, (VYU) Snow Plow Prep Package or (ZW9) pickup bed delete.) Transmission, 8 -speed automatic, electronically controlled with overdrive and tow/haul mode. Includes Cruise Grade Braking and Powertrain Grade Braking (STD) (Included and only available with (L3B) 2.7L Turbo engine.) Durabed, pickup bed (STD) GVWR, 6800 lbs. (3084 kg) (Requires 2WD model with (1-313) 2.71- Turbo engine or Double Cab or Regular Cab Long Bed 2WD model and (L84) 5.3L EcoTec3 V8 engine.) Rear axle, 3.42 ratio Push Button Start Automatic Stop/Start (Not available with (5W4) Special Services Package, (9C1) Police Pursuit Package or (FHS) E85 FlexFuel capability.) Rear wheel drive Battery, heavy-duty 730 cold -cranking amps/80 Amp -hr, maintenance -free with rundown protection and retained accessory power Alternator, 220 amps (Included with (1-313) 2.71- Turbo engine, (VYU) Snow Plow Prep Package, (5W4) Special Service Package or (9C1) Police Pursuit Package.) Frame, fully -boxed, hydroformed front section Suspension Package, Standard Steering, Electric Power Steering (EPS) assist, rack-and-pinion Brakes, 4 -wheel antilock, 4 -wheel disc with DURALIFE rotors Brake lining wear indicator Capless Fuel Fill Exhaust, single outlet Wheels, 17" x 8" (43.2 cm x 20.3 cm) Ultra Silver painted steel (STD) Tires, 255/70R17 all -season, blackwall (STD) Tire, spare 255/70R17 all -season, blackwall (STD) (Included with (QBN) 255/70R17 all -season, blackwall tires.) Wheel, 17" x 8" (43.2 cm x 20.3 cm) full-size, steel spare This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 787 of PM Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC1 O9O3) 2WD Reg Cab 140" Work Truck (<s' complete ) Exterior Entertainment Interior Tire carrier lock, keyed cylinder lock that utilizes same key as ignition and door (Deleted with (ZW9) pickup bed delete.) Bumpers, front, Black (semi -gloss) Bumpers, rear, Black (semi -gloss) CornerStep, rear bumper Cargo tie downs (12), fixed rated at 500 lbs per corner (Deleted with (ZW9) pickup bed delete.) Headlamps, halogen reflector with halogen Daytime Running Lamps IntelliBeam, automatic high beam on/off Lamps, cargo area, cab mounted integrated with center high mount stop lamp, with switch in bank on left side of steering wheel (incandescent on Regular Cab models, LED on Crew Cab and Double Cab models) Taillamps with incandescent tail, stop and reverse lights Mirrors, outside heated power -adjustable (Standard on Regular Cab models. Included and only available with (ZLQ) WT Fleet Convenience Package or (PCV) WT Convenience Package on Crew Cab and Double Cab models. When (PQA) WT Safety Package is ordered, includes (DP6) high gloss Black mirror caps.) Glass, solar absorbing, tinted Door handles, Black Tailgate and bed rail protection cap, top Tailgate, standard (Deleted with (ZW9) pickup bed delete.) Tailgate, locking utilizes same key as ignition and door (Removed when (QT5) EZ Lift power lock and release tailgate is ordered.) Tailgate, gate function manual, no EZ Lift (Deleted with (ZW9) pickup bed delete.) Audio system, Chevrolet Infotainment 3 system 7" diagonal color touchscreen, AM/FM stereo. Additional features for compatible phones include: Bluetooth audio streaming for 2 active devices, voice command pass- through to phone, wired Apple CarPlay and Android Auto capable. (STD) Audio system feature, 2 -speaker system (Requires Regular Cab model.) Bluetooth for phone, connectivity to vehicle infotainment system Seats, front 40/20/40 split -bench with covered armrest storage and under -seat storage (lockable) (STD) Seat trim, Vinyl Seat adjuster, driver 4 -way manual Seat adjuster, passenger 4 -way manual Floor covering, rubberized -vinyl (Not available with LPO floor liners.) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 788 of T'Mt Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC1 O9O3) 2WD Reg Cab 140" Work Truck (<s' complete ) Interior Safety -Mechanical Safety -Exterior Safety -Interior Steering wheel, urethane Steering column, manual tilt and telescoping (Beginning February 27, 2023 certain vehicles will be forced to include (N37) manual tilt/telescoping steering column that will remove the (N33) Tilt -Wheel manual steering column. Does not include later dealer retrofit. See dealer for details or the window label for the features on a specific vehicle.) Instrument cluster, 6 -gauge cluster featuring speedometer, fuel level, engine temperature, tachometer, voltage and oil pressure Driver Information Center, 3.5" diagonal monochromatic display Exterior Temperature Display located in radio display Window, power front, drivers express up/down Window, power front, passenger express down Door locks, power Remote Keyless Entry, with 2 transmitters Power outlet, front auxiliary, 12 -volt USB Ports, 2, Charge/Data ports located on instrument panel Air conditioning, single -zone manual Mirror, inside rearview, manual tilt Assist handles front A -pillar mounted for driver and passenger, rear B -pillar mounted Automatic Emergency Braking Front Pedestrian Braking StabiliTrak, stability control system with Proactive Roll Avoidance and traction control, includes electronic trailer sway control and hill start assist Daytime Running Lamps with automatic exterior lamp control Airbags, dual -stage frontal airbags for driver and front outboard passenger; Seat -mounted side -impact airbags for driver and front outboard passenger; Head -curtain airbags for front and rear outboard seating positions; Includes front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) HD Rear Vision Camera (Deleted with (ZW9) pickup bed delete.) Lane Keep Assist with Lane Departure Warning This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 789 of PM Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) Safety -Interior WARRANTY Following Distance Indicator Forward Collision Alert Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. An in -vehicle report card gives you information on driving habits and helps you to continue to coach your new driver Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened; times out after 20 seconds and encourages seat belt use, can be turned on and off in Settings menu Tire Pressure Monitoring System, auto learn includes Tire Fill Alert (does not apply to spare tire) Warranty Note: <<< Preliminary 2023 Warranty >>> Basic Years: 3 Basic Miles/km: 36,000 Drivetrain Years: 5 Drivetrain Miles/km: 60,000 Drivetrain Note: HD Duramax Diesel: 5 Years/100,000 Miles; Qualified Fleet Purchases: 5 Years/100,000 Miles Corrosion Years (Rust -Through): 6 Corrosion Years: 3 Corrosion Miles/km (Rust -Through): 100,000 Corrosion Miles/km: 36,000 Roadside Assistance Years: 5 Roadside Assistance Miles/km: 60,000 Roadside Assistance Note: HD Duramax Diesel Years/100,000 Miles 5 Years/100,000 Miles; Qualified Fleet Purchases: 5 Maintenance Note: 1 Year/1 Visit Warranty Note: <<< Preliminary 2023 Warranty >>> Basic Years: 3 Basic Miles/km: 36,000 Drivetrain Years: 5 Drivetrain Miles/km: 60,000 Drivetrain Note: HD Duramax Diesel: 5 Years/100,000 Miles; Qualified Fleet Purchases: 5 Years/100,000 Miles Corrosion Years (Rust -Through): 6 Corrosion Years: 3 Corrosion Miles/km (Rust -Through): 100,000 Corrosion Miles/km: 36,000 Roadside Assistance Years: 5 Roadside Assistance Miles/km: 60,000 Roadside Assistance Note: HD Duramax Diesel Years/100,000 Miles Maintenance Note: 1 Year/1 Visit 5 Years/100,000 Miles; Qualified Fleet Purchases: 5 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 790 of TT6� Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) Technical Specifications Chassis Weight Information 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Standard Weight - Front 0.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight N/A Gross Axle Wt Rating - Front 3700 lbs Gross Axle Wt Rating - Rear 3800 lbs Curb Weight - Front 2594 lbs Curb Weight - Rear 1763 lbs Option Weight - Front 0.00 lbs Option Weight - Rear 0.00 lbs Reserve Axle Capacity - Front 1106.00 lbs Reserve Axle Capacity - Rear 2037.00 lbs As Spec'd Curb Weight 4357.00 lbs As Spec'd Payload 2443.00 lbs Maximum Payload Capacity 2443.00 lbs Gross Combined Wt Rating 14500 lbs Gross Axle Weight Rating 7500.00 lbs Curb Weight 4357.00 lbs Reserve Axle Capacity 3143.00 lbs Total Option Weight 0.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 6800.00 lbs Trailering Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 9500 lbs Wt Distributing Hitch - Max Tongue Wt. 950 lbs Fifth Wheel Hitch - Max Trailer Wt. 9500 lbs Fifth Wheel Hitch - Max Tongue Wt. 2375 lbs Maximum Trailering Capacity 9900 lbs Axle Capacity - Rear 3800 lbs Frame N/A Axle Ratio (1) - Rear 3.42 Frame Type Box Ladder Sect Modulus Rails Only N/A Frame RBM N/A Frame Strength N/A Frame Thickness N/A Suspension Suspension Type - Front Independent Suspension Type - Rear Solid Axle Spring Capacity - Front 3700 lbs Spring Capacity - Rear 3850 lbs Axle Type - Front N/A Axle Type - Rear N/A Axle Capacity - Front 3700 lbs Axle Capacity - Rear 3800 lbs Axle Ratio (1) - Front N/A Axle Ratio (1) - Rear 3.42 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 791 of PM Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC10903) 2WD Reg Cab 140" Work Truck (<s' complete ) Chassis Suspension Shock Absorber Diameter - Front Stabilizer Bar Diameter- Front Tires Front Tire Order Code Spare Tire Order Code Rear Tire Size Front Tire Capacity Spare Tire Capacity Revolutions/Mile @ 45 mph - Rear Wheels Front Wheel Size Spare Wheel Size Rear Wheel Material Steering Steering Type Steering Ratio (:1), On Center Turning Diameter - Curb to Curb Brakes Brake Type Brake ABS System (Second Line) Disc - Rear (Yes or ) Rear Brake Rotor Diam x Thickness Rear Drum Diam x Width Fuel Tank Fuel Tank Capacity, Approx N/A Shock Absorber Diameter - Rear N/A 1.30 in Stabilizer Bar Diameter - Rear N/A QBN Rear Tire Order Code QBN QBR Front Tire Size 255/70R17 255/70R17 Spare Tire Size 255/70R17 3700 lbs Rear Tire Capacity 3800 lbs N/A Revolutions/Mile @ 45 mph - Front N/A N/A Revolutions/Mile @ 45 mph - Spare N/A 17 x 8 in Rear Wheel Size 17 x 8 in 17 x 8 in Front Wheel Material Steel Steel Spare Wheel Material Steel Electric Rack & Steering Ratio (:1), Overall N/A Pinion N/A Steering Ratio (:1), At Lock N/A 44.6 ft Turning Diameter - Wall to Wall N/A Pwr N/A Yes 13.6 x 0.79 in N/A 28 gal Brake ABS System 4 -Wheel Disc - Front (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.5 x 1.18 in Drum - Rear (Yes or ) N/A Aux Fuel Tank Capacity, Approx N/A This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 792 of PM Alan Jay Fleet Sales Chris Wilson 1 863-402-4234 1 chris.wilson@alanjay.com Vehicle: [Fleet] 2023 Chevrolet Silverado 1500 (CC1 O9O3) 2WD Reg Cab 140" Work Truck (<s' complete ) Chassis Fuel Tank Fuel Tank Location Dimensions Interior Dimensions Passenger Capacity Front Leg Room Front Hip Room Second Leg Room Second Hip Room Exterior Dimensions Wheelbase Length, Overall w/rear bumper Width, Max w/o mirrors Overhang, Front Front Bumper to Back of Cab Cab to End of Frame Ground to Top of Frame Ground Clearance, Front Body Length Cargo Area Dimensions Cargo Box Length @ Floor Cargo Box Width @ Floor Cargo Box (Area) Height Cargo Volume N/A Aux Fuel Tank Location N/A 3 Front Head Room 43.11 in 44.53 in Front Shoulder Room 66.02 in 60.9 in Second Head Room N/A N/A Second Shoulder Room N/A N/A 139.5 in Length, Overall w/o rear bumper N/A N/A Length, Overall 229.68 in 81.14 in Height, Overall 75.59 in N/A Overhang, Rear w/o bumper N/A N/A Cab to Axle N/A N/A Ground to Top of Load Floor N/A N/A Frame Width, Rear N/A 7.91 in Ground Clearance, Rear 7.91 in 0.00 ft Cab to Body N/A 98.18 in Cargo Box Width @ Top, Rear N/A 71.4 in Cargo Box Width @ Wheelhousings 50.63 in 22.4 in Tailgate Width N/A 89.1 ft3 Ext'd Cab Cargo Volume N/A This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 18923. Data Updated: Mar 12, 2023 6:47:00 PM PDT. Mar 14, 2023 Page 793 of Pffbd� iloyntoirn I5eana Ricky Opitz 2pitre-bhfl..us. Boynton Beach Duval Ford Jared Davis (Work) 904-381-6595 .iarp davisf2d.iavalmotor.c.om. 5203 Waterside Dr Jacksonville, FL 32210 Pricing through Bradford County Sheriffs Contract BCSO 22-27-1.0. Please note any items in red as they may require additional customer information or clarification. When submitting purchase order, please note billing address, delivery address, and any titling instructions. Thank you! 2023 W2A 2023 Ford Super Duty F250 4x4 Crew Cab, 160" wheelbase OEM freight Factory Destination Exterior Paint Oxford White Interior Medium Dark Slate vinyl, 40/20/40 600A Standard Equipment group --includes trailer brake controller, power 99A 6.8L V8 44F 10-spd automatic 85S Spray -in bedliner, dealer installed 18B Platform running boards Discount Government Concession reflected in Base Vehicle Price Ceiling Markup Primary Awardee Ceiling Markup Discount Net invoice discounts for Account reflected in Base vehicle Pri, 54" Brookings Industries Legion Fit (AMBER; to be mounted on Microns (Amber/White) NOTE W2A 3/22/2023 $ 45,372.00 $ 43,426.33 $ 1,895.00 $ 1,926.27 $ 542.00 1$ 550.94 1.65% 4.25% ffimmomm $ 664.00 $ $ 90.00 $ $ 515.00 $ $ 225.00 $ $ 3,650.00 $ �aaP $ 920.00 $ $ 810.00 $ $ 2.00 $ $ 173.00 $ $ 4,537.00 $ 796.80 216.00 664.35 290.25 4,307.00 810.00 602.00 173.00 537.00 Page °df"I'T65 Complete trailer tow package with heavy-duty bar and ball Additional remote key Tommy Gate G260 1642 TP38--2-pc steel, 15001b Cab guard/backrack with lightbar provision Labor _ Total Labor Hours for installation of parts Freight Freight on Parts 33435 Destination & Fuel to end user zip code ( calculated from 32210 to EU Tag New FL Tag Warranty Extended Warranty excluded 2024 PI Estimated 2024 orice increase NOTE W2A 3/22/2023 $ 45,372.00 $ 43,426.33 $ 1,895.00 $ 1,926.27 $ 542.00 1$ 550.94 1.65% 4.25% ffimmomm $ 664.00 $ $ 90.00 $ $ 515.00 $ $ 225.00 $ $ 3,650.00 $ �aaP $ 920.00 $ $ 810.00 $ $ 2.00 $ $ 173.00 $ $ 4,537.00 $ 796.80 216.00 664.35 290.25 4,307.00 810.00 602.00 173.00 537.00 Page °df"I'T65 F3B iloyntorn I5eana Ricky Opitz 2pitre-bhfl..us. Boynton Beach Duval Ford Jared Davis (Work) 904-381-6595 .iarp davisf2d.iavalmotor.c.om. 5203 Waterside Dr Jacksonville, FL 32210 Pricing through Bradford County Sheriffs Contract BCSO 22-27-1.0. Please note any items in red as they may require additional customer information or clarification. When submitting purchase order, please note billing address, delivery address, and any titling instructions. Thank you! 2023 F3B 2023 Ford Super Duty F350 4x4 Regular Cab, 142" wheelbase OEM freight Factory Destination Exterior Paint Oxford White Interior Medium Dark Slate vinyl, 40/20/40 610A Standard Equipment group --includes trailer brake controller, power eq 99A 6.8L V8 gas 44F 10-spd automatic X3E 3.73 Electronic locking axle 18B Platform running boards 76C Exterior backup alarm Discount Government Concession reflected in Base Vehicle Price Ceiling Markup Primary Awardee Ceiling Markup Discount Net invoice discounts for Account reflected in Base vehicle Price R $ 225.00 54" Liberty II liqhtbar with traffic advisor (A/W/A/W) $ 45,424.00 $ 43,476.98 $ 1,895.00 $ 1,926.27 $ 134.40 6 -switch controller $ 95.00 $ 114.00 r 11 $ 392.00 $ 398.47 $ 291.00 $ 295.80 $ 160.00 $ 162.64 4.25% r Vertex (white) $ 56.00 $ 134.40 6 -switch controller $ 95.00 $ 114.00 r 11 Complete trailer tow package for chassis cab with fixed mount and pintle ball combo $ 515.00 $ 664.35 1000 watt inverter, includes single switch on dash $ 150.00 $ „7 Additional remote key $ 225.00 $ 6” vise and mounted on rear bumper $ 550.00 J290.25 $ 8' Knapheide 696 SRW, 56" CA $ 8,825.00 $ 10,060.50 Includes camera relocate Labor ~ Total Labor Hours for installation of parts $ 1,170.00 $ 1,170.00 n 11111111111111 Freight Freight on Parts $ - $ - S o ® 33425 Destination & Fuel to end user zip code ( calculated from 32210 to EU zip Code) $ 2.00 $ 608.00 Tag New FL Tag $ 173.00 $ 173.00 Warranty Extended Warranty excluded $ - $ - VPI Estimated 2024 vehicle price increase $ 4,728.00 $ 4,728.00 BPI Estimated 2024 body price increase $ 2,500.00 $ 2,500.00 $ $ -N $ $ III NOTE Revised to F-350 pickup w/ 8' body 3/22/2023 Page °df"1165 8.A. Public Hearing 4/18/2023 Requested Action by Commission: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MS PM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) -story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU -C (Mixed -Use Core) zoning district. Applicant: Brian Bartczak, BB1 Development LLC Explanation of Request: Ocean One is a proposed mixed-use development that will be situated on 3.71 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site consists of two vacant parcels. The southern parcel previously contained a bank building with an accessory drive through structure. All structures were demolished in 2013, with the exception of the parking lot, which remains today in poor condition. In 2017, the subject site was rezoned from CBD (Central Business District) to Mixed -Use Core (f.k.a Mixed - Use High), and obtained a Major Site Plan approval for an eight (8) -story mixed-use building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities. The development order was extended pursuant to F.S. 252.363, and remains in effect to date. The applicant is requesting approval of a Major Master Plan Modification, a Major Site Plan Modification, and six (6) Community Design Appeals for the development of Ocean One (see the respective staff reports). The Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) request proposes an 8 -story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial spaces adjacent to North Federal Highway, East Ocean Avenue, and East Boynton Beach Boulevard, and a parking garage with a total of 632 parking spaces. The applicant is also seeking to receive relief through six (6) community design appeals. Two (2) community design appeals (CDPA 23-005, 009) are requested for relief from Part III, Chapter 4, Article III, Section 6. F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. The relief is being requested along East Boynton Beach Boulevard and Northeast 6th Court. The remaining four (4) community design appeals (CDPA 23-001, 002, 003, 004) are requested for relief from Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6th Court) which make up the perimeter of the site. The Planning & Zoning Board recommended approval of this item at the March 28, 2023 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Page 796 of 1165 Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Ty pe D S:aff Repoirt D I ocation Map D 1:::)n -an hung', D I )iravvings D 1.1rawings D Diravvirw s D 1.1rawiings D ('a:nirndifions of Appii,-oval D Ot[ier D OHIEff' D I )(.w(,.a1qpirnent Order Description to Repoirt E)d1ibitA I ocaboin IMalp E)d1ibit IB Master/Site IPIla in E)d-iibit IB Airc[iiteckjiral IPlaains E)d1it)R IB I andscape Plans E)d1it)R IB C:/lull IPla ns E)diit)R IB Rl,iotoirnetirk.-, IPIlain E)dii[Jit C (.'Iloindiboir�s of Appirov,.,31 AIpplicantPire,�.,,a�aintafioin StaffProse ntation 1..)eve1q1,,)irnent C.: riled Page 797 of 1165 TO: THRU: FROM: DATE: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-015 STAFF REPORT Chair and Members Planning and Development Board Amanda Radigan, AICP, LEED AP Planning and Zoning Director Andrew Meyer, Senior Planner March 16, 2023 PROJECT NAME: Ocean One - Hyperion Major Master Plan Modification (MPMD 23-002) and; Major Site Plan Modification (MSPM 23-003) REQUEST: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) -story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site, located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue, in the MU -C (Mixed -Use Core) zoning district. PROJECT DESCRIPTION Property Owner: BB1 Development LLC Applicant: Brian Bartczak, BB1 Development LLC Agent: Bonnie Miskel, Beth Schrantz Dunay Miskel & Backman, LLP Location: 222 & 114 N. Federal Highway - East of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue (see Exhibit "A" - Site Location Map) Existing Land Use: Mixed -Use High (MXH) Proposed Land No change to land use proposed Use: Page 798 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 2 Existing Zoning: Mixed -Use Core (MU -Core) Proposed Zoning: No change to zoning proposed Proposed Use: Mixed-use development consisting of 371 multifamily dwelling units and 25,588 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 3.71 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is a developed mix use project (Casa Costa) zoned MU -C (Mixed - Use Core). South: Right-of-way for East Ocean Avenue, farther south are developed properties zoned CBD (Central Business District), then the "Broadstone" project under construction, zoned MU -C (Mixed -Use Core). East: Right-of-way for NE 6th Court and father east are developed properties (First Financial Plaza) zoned CBD (Central Business District) and Marina Village zoned MU -C (Mixed -Use Core) West: Right-of-way for Federal Highway and farther west is the site of the approved "The Pierce" mixed-use project zoned MU -C (Mixed -Use Core), and other developed commercial properties zoned CBD (Central Business District). To the southwest is 500 Ocean zoned MU -C (Mixed -Use Core). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the Planning & Development Board and City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: Ocean One is a proposed mixed-use development that will be situated on 3.71 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project 2 Page 799 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 3 site consists of two vacant parcels. The southern parcel previously contained a bank building with an accessory drive through structure. All structures were demolished in 2013, with the exception of the parking lot, which remains today in poor condition. In 2017, the subject site was rezoned from CBD (Central Business District) to Mixed -Use Core (f.k.a Mixed -Use High), and obtained a Major Site Plan approval for an eight (8) -story mixed-use building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities (REZN 16-001). The development order was extended pursuant to F.S. 252.363, and remains in effect to date. The applicant is requesting approval of a Major Master Plan Modification, a Major Site Plan Modification, and six (6) Community Design Appeals for the development of Ocean One (see the respective staff reports). The Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) request proposes an 8 -story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial spaces adjacent to North Federal Highway, East Ocean Avenue, and East Boynton Beach Boulevard, and a parking garage with a total of 632 parking spaces. The applicant is also seeking to receive relief through six (6) community design appeals Two (2) community design appeals (CDPA 23-005, 009) are requested for relief from Part III, Chapter 4, Article III, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. The relief is being requested along East Boynton Beach Boulevard and Northeast 6t" Court. The remaining four (4) community design appeals (CDPA 23-001, 002, 003, 004) are requested for relief from Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6t" Court) which make up the perimeter of the site. 3 Page 800 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 4 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area), and therefore is not required to meet the Palm Beach County Traffic Performance Standards. The project would generate 1,880 new daily trips with 156 AM peak trips and 165 PM peak trips. School: The applicant has submitted a School Capacity Availability Determination (SCAD) application to the School District of Palm Beach County to confirm that area schools have adequate capacity to accommodate the potential public -school students who will reside in the proposed dwelling units with their families. Approval of the application request is contingent upon approval of the SCAD application (Exhibit C — Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water demand for this project. The applicant will be making several upgrades to utility lines in the vicinity of the project to meet the fire flow and water demand requirements as part of the site development. At the time of permitting, detailed engineering calculations are required for the wastewater flow for the project and proposed connection points to the existing sanitary sewer system. The project will also be required to provide adequate easements on-site to accommodate utility services (Exhibit C — Conditions of Approval). Police/Fire: The Police and Fire Departments have reviewed the site plan and the applicant has addressed all review comments during the DART review process. The Police Department requests the applicant to provide center arms and skate blocks to benches to deter damage from skateboard traffic (Exhibit C — Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The proposed project's main vehicular access point is located on North Federal Highway with a secondary access point on NE 6th Court. In addition, the project also provides twenty (20) on -street parking spaces along Federal Highway and NE 6th Court to serve the commercial uses on the first floor of the project. Sidewalks are provided along all rights-of-way. 4 Page 801 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 5 On North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, the proposed sidewalks are ten (10) feet wide, lined with street trees for shade, and connect to an eight (8) foot active area that is generally covered and provides additional space within the pedestrian realm. The sidewalk on NE 6th Court ranges in width from five (5) feet to ten (10) feet, and is also lined with street trees for shade. The project has a condition to provide more landscaping between the sidewalk and the building & garage to create a more pleasant environment for the pedestrian (Exhibit C — Conditions of Approval). Parking: Off-street parking for the MU -C zoning district requires 1.33 parking spaces for studios and one -bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 371 units (280 one -bedrooms, and 91 two -bedrooms), which would require 523 parking spaces. Additionally, the code requires guest parking at a rate of 0.15 spaces per unit, which adds an additional 56 required spaces. The commercial space, which would allow a mix of retail, restaurants, and office uses, requires one (1) parking space per 200 square feet of gross floor area. Proposed is 25,588 square feet of retail, thereby requiring an additional 128 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 707 parking spaces would be required. Parking Reduction (Chapter 4, Article V, Section 3.C. Shared Parking): The applicant is utilizing a reduction in required off-street parking per Land Development Regulations Chapter 4, Article V, Section 3.C, which provides applicants the option to calculate required parking based on shared parking methodologies, plus a buffer of 10% of the calculated parking. The applicant provided a report calculated and certified by a licensed traffic engineer using "ITE Parking Generation Manual, 5th Edition" which shows that peak parking demand is between the hours of 12:00 AM and 4:00 AM, and would result in 579 spaces being utilized. As such, the required parking per Section 3.0 totals 637 spaces (579 spaces + 58 spaces [10% buffer]). The site plan proposes 652 parking spaces, an excess of fifteen (15) spaces. Regular parking space dimensions would conform to or exceed code requirements for the CRA of 9 feet by 18 feet for 90 - degree parking and 8 feet by 22 feet for parking parallel spaces. The applicant proposes an eight (8) -story parking garage that would accommodate up to 532 vehicles. The applicant will be required to comply with the City's residential parking requirements to ensure that 5 Page 802 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 6 designated resident parking spaces are reserved for, and made available for the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the applicant (Exhibit C — Conditions of Approval). There are an additional 20 on -street parking spaces and eight (8) on North Federal Highway and twelve (12) on NE 6t" Court. Landscaping: The Plant List (Sheet L-610) indicates that the project would add a total of 96 trees, 52 of them being canopy trees, 44 palms, 1,595 accent and shrub specimens, and 3,666 small shrubs/vines/groundcover plants. Canopy trees are being maximized along rights of way and within plazas to enhance the pedestrian realm and provide shade. Palm trees are located within one of the plazas, as well as within the vehicular drop-off area and the residential amenity area. All plant materials proposed for the landscape areas are required to be at least Florida number one grade and must be identified as having "low" or "medium" watering needs as indicated in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea, Pigeon Plum, Sea Grape, Green Buttonwood, Silver Buttonwood, and Japanese Privet. The applicant has selected several butterfly attracting plants and has exceeded the sustainability code's requirement of utilizing a minimum of 5% of butterfly attracting plant material within the planting scheme. Projects proposed in the Mixed -Use Core (MU -C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and cantilevered awnings to create the streetscape theme. This includes the use of street trees placed between the street and sidewalk in an effort to provide maximum clear pedestrian pathways. Due to the sloping gradients of the lot, the applicant provides a landscaped area between the sidewalk area and the active area throughout the site to accommodate changes in elevation. The project has a condition to enhance the landscaping within this area to improve the pedestrian experience within the pedestrian zone (Exhibit C — Conditions of Approval). CI Page 803 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 7 The project has been conditioned to provide additional landscaping to reduce the development's impact on the pedestrian realm, including along the amenity area wall, parking garage, and building facade along NE 6th Court. (Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 3.71 acres. The proposed mixed-use buillding contains 371 dwelling units and 25,588 square feet of commercial space. The building confurged as such where the commercial spaces are located on the ground floor fronting North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, in alignment with commercial frontage requirements. In addition, the site proposes three (3) pedestrian plazas within the site, which break up the building's facade along the aforementioned rights-of-way and expand the public realm deeper into the site. Residential units are located on floors two through eight, and contain balconies face inward toward the courtyards to allow for visibility. A parking garage is integrated into the structure and is oriented toward NE 6th Court, away from the required pedestrian zone along the other three rights -of -ways. As noted previously, the proposed parking garage has eight (8) levels of parking which are able to be accessed from each level of the building. The applicant is requesting relief from Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way. In order to meet the intent of the Land Development Regulations, the applicant proposes providing a vine system affixed to the exposed wall to disguise the freestanding parking garage from East Boynton Beach Boulevard. The project has been conditioned to provide additional design features in addition to the propsoed vines to further enhance this facade and to require a similar treatment along NE 6th Court to further meet the intent of the code (Exhibit C — Conditions of Approval). The commercial portion of the project totals 25,588 square feet and may include a variety of restaurants and retail along North Federal Highway and Ocean Avenue. The commercial spaces are both oriented toward the rights-of-way but also toward the plazas, creating spaces for outdoor dining. Of the 371 residential units, 42 are studios, 238 are one (1) bedroom units, and 91 are two (2) bedroom units. The units range in size from 551 square feet to 1,209 square feet. Each unit also has a balcony or either faces out towards the street, or in towards one of the plazas Page 804 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 8 or amenity area. The project proposes a zoning density of 67 du/ac per Land Development Regulations Chapter 3, Article III, Section 8.E.6, which allows projects within the Downtown TOD Overlay to count efficiency and one -bedroom units which are 750 square feet or less as one-half (1/2) a unit, as long as the Future Land Use of the site is not exceeded when counted as a whole unit. Boynton Beach Comprehensive Plan Future Land Use Element Policy 1.3.1 provides that properties with a Future Land Use of Mixed -Use High (MXH) (east of 1-95) and located within the Downtown TOD District have a maximum density of 100 dwelling units an acre. Of the proposed 371 dwelling units, 245 are either efficiency or one -bedroom units under 750 square foot which meet the requirement under the LDR section. When calculated under this provision, the proposed zoning density of the site is 67 du/ac, which is under the maximum of 80 du/ac under the Mixed -Use Core (MU -C) zoning district for the site. When calculated as whole units, the proposed future land use density of the site is 100 du/ac, which meets the maximum of 100 du/ac under the MXH Future Land Use designation. Therefore, the proposed density complies with the maximum density permitted within both the MU -C zoning and the MXH future land use. Building Height: The maximum building height allowed in the MU -C zoning district is 150 feet. The proposed building elevations depict the roof slab deck height of the building at 75 feet. The tallest height indicated on the elevations is 95, measured to the top of the rooftop mechanical equipment. Setbacks: The MU -C zoning district requires no building setbacks, but rather a zero (0) build -to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes two and a half (2.5) feet — five (5) feet for street trees, ten (10) feet for sidewalks, and eight (8) feet for active areas. In those instances where a pedestrian zone is required, the building setback is measured from the back of curb to the exterior surface of the building or supporting columns. Please see the corresponding table below for the proposed setbacks, as provided on the architectural site plan (Exhibit B — Project Plans). Building Provided Provided Setbacks Required (Measured from (Measured from back of curb) property line) North Federal 20'6"* 247' — 106'6" 1715" — 9914" Highway 0 Page 805 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 9 East Boynton 20'6"* 30'6" — 191'4" 30'2" — 191' Beach Boulevard NE 6t" Court 51* 14'11" - 108'3" 12'1" — 105'5" East Ocean 20'-6"* 32'— 1017' 21'— 907' Avenue *Measured from back of curb per pedestrian zone requirements. The maximum building height at the property line is 45 feet. This requirement exists so that projects do not build the entire height of the building on the property line. The applicant is requesting four (4) community design appeals (CDPA 23-001, 002, 003, 004) from relief from Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone. The relief is being requested along all four rights-of-way (East Boynton Beach Boulevard, North Federal Highway, East Ocean Avenue, and Northeast 6th Court) which make up the perimeter of the site. The relief is to accommodate the aforementioned building step -back at the ground floor of 5 feet along North Federal Highway, and 10 feet along East Boynton Beach Boulevard, NE 6t" Court, and East Ocean Avenue. Amenities: The project proposes three pedestrian plazas, one along East Ocean Avenue and two along North Federal Highway. The plaza on East Ocean Avenue and the northern plaza on North Federal Highway will have landscaping and contain outdoor dining for the ground floor commercial. The southernmost plaza on North Federal Highway will have benches and a water feature. Behind this plaza is a covered vehicle drop-off area, with a mural along the ground floor of the parking garage. The pedestrian zones include a street tree area, sidewalks, active areas, and covered walkways. The project has been designed with a large amenity area at the corner of East Boynton Beach Boulevard and NE 6t" Court, which includes a lap pool and a pickleball court. This amenity area will have resident -only access to East Boynton Beach Boulevard. The project will be separated by a wall with landscaping, and the project has been conditioned to provide additional landscaping within this area (Exhibit C — Conditions of Approval). In addition, the residential -only indoor fitness area and spa are located along East Boynton Beach Boulevard, providing active uses along this portion of the right-of- way. The project also has been designed with a smaller private plaza, seperated from the northern public plaza with a wall. This 9 Page 806 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 10 smaller private plaza will contain a water feature in addition to tables and chairs for residents and guests. The developer is working with Palm Tran of Palm Beach County to locate and create a new transit shelter on site (Exhibit C — Conditions of Approval), and is conditioned to be designed utilizing some of the architectural characteristics of this project. Design: The intended architectural style for the project is modern, using geometric shapes and material changes to provide articulation and visual interest. The project's materials include concrete painted bright colors, clear glass at the ground floor commercial level, tile - wood finish along the base of the building, and perforated metal balcony railings. Mixed-use projects are designed to create a pedestrian -friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building's mass along East Ocean Avenue and North Federal Highway is broken up by the presence of pedestrian plazas which reduce the perceived mass of the building. The project has been conditioned to provide the discrete base design feature currently present on the North Federal Highway fagade also on East Boynton Beach Boulevard and East Ocean Avenue, in an effort to break up the building's design and provide more visual interest. In addition, the project has been conditioned to provide more architectural features on the facades of the building closest to North Federal Highway and East Boynton Beach Boulevard so that these portions of the building architecturally read as the front of the building (Exhibit C — Conditions of Approval). Sustainability: Mixed-use developments must achieve a minimum of 25 sustainability points (see Exhibit C — Conditions of Approval). The development would satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non -roof impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 10 Page 807 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 11 Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 RECYCLE & WASTE REDUCTION Recycle Station/Dumpster Area - Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Minimum Open Space - Provision of usable common open space in excess of code requirements by up to 20%. 4 TRANSPORTATION Parking Structure - At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Car Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheet C11.00) include 29 freestanding light pole fixtures, with varying pole heights. The light poles proposed along North Federal Highway has been conditioned to have a height of 37 feet and be of a design acceptable to the Engineering department. The light poles proposed along East Ocean Avenue, East Boynton Beach Boulevard, and NE 6t" Court, have been conditioned to be 20' in height and be of a design acceptable to the Engineering department (see Exhibit C — Conditions of Approval). Light poles located within the interior of the site will have a mounting height of 20'. Signage: Site and building signage have not been finalized and a Sign 11 Page 808 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 12 Program must be approved in conjunction with requesting any sign permits for the site (see Exhibit C — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has identified a location for a sculpture at the intersection of Federal Highway and Ocean Avenue. The public art fee has been identified as $1 million, and the budget for the art component of the project is $700,000. RECOMMENDATION Staff has reviewed this request for a Major Master Plan Modification and Major Site Plan Modification, and recommends APPROVAL subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit C — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 12 Page 809 of 1165 Ocean One (MPMD 23-002, MSPM 23-003) Memorandum No PZ 23-015 Page 13 S:\Planning\SHARED\WP\PROJECTS\Ocean One\MSPM 23-003 - MPMD 23-002\Staff Report\MSPM\Staff Report - MSPM - Ocean One 2.docx 13 Page 810 of 1165 EXHIBIT "A" SITE LOCATION MAP 0 20 40 80 120 160 Feet Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved -sage �,c�AOgr�e T65 \ \ / P, 1 C) 25 P UN Mm co "HUI 'M lilt'! \ \ / IR 7�9c ;E 9jS: SII O �` o Y _ _ - .J ❑ � 'l 1 PI ti Q I T I .I Q 4 1 4 Mg LLJ m _ 3nN3AV NV33 W v Y � .. ____— a. fit ion \ \ i \\ O ` ! 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A';. C9 � AWN G� If # Y 1 d 1 4� f� I 5 ON a �� � .!'9 f c W ° {, Y 4 Y � tlX b € 9 d Q W e a d d � Y �� ill, vy6tM1yr J �-2� ! p3C �f KNOW 0_ok h d.EE & e EXHIBIT "C" Conditions of Approval Project Name: Ocean One Major Site Plan Modification & Major Master Plan Modification File number: MSPM 23-003 & MPMD 23-002 Reference: 31d review of Dlans identified as a Maior Site Plan Modification & Maior Master Plan Modification with a February 21, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: 1. Show all existing and proposed easements on all plans (including civil, site, and landscaping plans), including the required 10' utility easement for portions of the lot adjacent to a street per Article VIII X Utility and Infrastructure Design Standards LDR Ch. 4, Art. VIII, Sec. 3.13.4. 2. Provide the following on plans: (a) 50' dimension and lane width dimensions on plan (Sheet AO -02), (b) Extend curbing to parking stall #7, (c) Remove parking stall #54 as it does not meet 9' x 18' X CRA parking dimensions (d) Provide typical parking stall dimensions on site plan and garage plans. 3. A re -platting of the property shall be required. Any existing easements located on the property not proposed to be retained X shall be vacated. 4. Prior to permitting, easements for proper drainage shall be provided where necessary at a width adequate to accommodate X the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. 5. Prior to permitting, demonstrate on the site plan, civil plan and landscape plan how the clear line of sight as required by code shall be maintained at all intersections and driveways. A restriction shall be defined on the plat and landscaping plan prohibiting X construction or plantings over two (2) foot six (6) inches high on corner lots within a safe sight distance based on the crown elevation of the street. 6. Prior to permitting, provide an approval letter from FDOT for the X on -street parking. 7. Prior to permitting, provide FDOT ROW dedication for sidewalks. X 8. Prior to permitting, provide FDOT ROW dedication for 10' of right X of way along North Federal Highway 9. Prior to permitting, obtain approval from Palm Tran for the X proposed bus shelter and stop location. Page 891 of 1165 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Paqe 2 of 5 DEPARTMENTS INCLUDE REJECT 10. An addressing plan shall be submitted and approved by City's X Addressing Committee. 11. At the expense of the developer, a diver shall inspect the 72" drainage under NE 6th Ct. prior to the commencement of the vertical construction and after the completion of the vertical construction. Both the pre and post dive shall be video recorded X and the findings presented in a report within 30 days following the inspection. Developer shall be responsible for any damage caused by construction activities. 12. At the time of permitting, please provide specific details on how the footer will be built to prevent damaging the City's 72" RCP X storm pipe. 13. Upon completion of the site improvements, the developer shall be responsible for the cost and installation of 3/4" Type S -III asphalt and pavement restriping for the full width of Boynton Beach Blvd., X from Federal Hwy eastern edge of pavement to the concrete header curb forming the paver crosswalk at NE 6th Ct. 14. At time of permitting, drainage plans and calculations in accordance with the 2010 LDR, Chapter 4, Article VIII, Section X 3.G. will be required at which point a more in depth review will be made. 15. The developer shall be responsible to replace all existing street lights along Federal Hwy with FPL 37' concrete poles and replace existing street lights along Ocean Ave., NE 6th Ct. and Boynton X Beach Blvd. with FPL 20' aluminum poles. The poles shall be of a design acceptable to the City's Engineering department. 16. The developer shall underground all existing overhead lines within and adjacent to the subject project. Easements shall be coordinated with requisite utility authorities and shall be provided for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules X and regulations. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. 17. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does X not ensure that additional comments may not be generated by the commission and at permit review. Page 892 of 1165 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Paqe 3 of 5 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS / UTILITIES Comments: 18. The applicant is required to extend the water main to Boynton Beach Blvd in order to accommodate a fire hydrant branch of an X allowable length. 19. The developer is responsible to replace the portion of the 20" force main along the property line on NE 6th Court in order to X connect to the City's Master Lift Station 356. 20. Ensure all required easements are provided per Land X Development Regulations Chapter 4, Article VII, Section 3.B.4 21. Revise the plans so that the Double Detector Check Valve (DDCV) and the meter assembly along NE 6th Court are located X outside of the sidewalk in an area which does not impact pedestrian and vehicular circulation. 22. At time of permitting, a general Hold Harmless Agreement is X required for all Boynton Beach utilities located under the sidewalk. 23. The developer is responsible to upsize the water lines at NE 6th Court, E Ocean Avenue, and N Federal Hwy in order to provide X adequate pressure and fire protection for the project. FIRE Comments: None. All previous comments acknowledged at DART meeting. POLICE Comments: 24. Consider adding center arms and skate blocks to benches to deter X sleeping and damage from skateboard traffic. BUILDING Comments: None. All previous comments acknowledged at DART meeting. PUBLIC ART Comments: 25. Move the western -most mahogany on East Ocean at least 12 feet X to east to ensure that the sculpture at the southwest corner of the Page 893 of 1165 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Paqe 4 of 5 DEPARTMENTS INCLUDE REJECT site at East Ocean and North Federal Hwy is not obstructed from view. 26. Provide up -lighting for the sculpture at the southwest corner of the X site at East Ocean and North Federal Hwy. 27. Provide adequate lighting for all proposed artwork. X PLANNING AND ZONING Comments: 28. The application requests must be publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, radius map, and copy of mailing X labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 29. Approval of the Major Master Plan and Site Plan applications are contingent upon the approval of the concurrent Community Design X Appeals (CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23- 004, CDPA 23-005, CDPA 23-009). 30. Approval of the Major Master Plan and Site Plan applications are contingent upon the approval of the School Capacity Availability X Determination (SCAD) application. At time of permit, please submit a letter of approval for the SCAD application. 31. Any revised plans developed to address conditions of approval which substantially change the architectural or site design will first X be required to obtain the applicable Master Plan Modification and/or Site Plan Modification prior to permitting. 32. Revise all applicable plans (including elevations) to modify the architecture, location of art, or site to reduce any potential conflicts X between required public art and architectural features. 33. Expand the width of the entire active area in front of the middle commercial space (which begins approximately 180-200 feet X south of the northern property line) from five (5) feet to eight (8) feet. 34. Revise the landscape plan to include 3 flowering shrub species on X both sides of the project entrance. 35. At time of permitting, all proposed fences and walls on the site will be reviewed by staff for compliance with the Land Development X Regulations. 36. The developer shall comply with the City's residential parking requirements to ensure that designated resident parking spaces are reserved for, and made available to the residents to minimize X the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer. 37. The building shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical X equipment, stairs, and elevator towers. All rooftop equipment must be completely screened from view at a minimum distance of 600 Page 894 of 1165 Ocean One (MSPM 23-003 & MPMD 23-002) Conditions of Approval Paqe 5 of 5 DEPARTMENTS INCLUDE REJECT feet. At the time of permitting, provide an updated line of sight drawing(s) showing compliance with this requirement. 38. At time of permit, revise the building elevations to provide for the variation of height along the roof line. Increase the height of the X roof line break at strategic locations. 39. A Sign Program is required to be submitted and approved prior to the approval of any sign permits for the project. X 40. The applicant shall provide the quantity of on -street parking on North Federal Highway, and NE 6t" Court as depicted on the site X plan. 41. The applicant shall dedicate a 10' x 30' easement and place, at their cost, a bus shelter designed utilizing architectural elements, materials, and colors matching the proposed building along X Federal Highway. 42. All charging stations proposed on-site shall be "level -two (2)" or greater power charging stations capable of servicing two (2) X parking spaces. 43. All street trees shall be set in a flexible pavement material acceptable to the City. X 44. Prior to permitting, ensure all sight visibility triangles are clear of obstructions as per City Code. Adjust the wall along NE 6th Ct at X the parking garage to not encroach the visibility triangle. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. Page 895 of 1165 6666 M 50f 9166£ UPPOIA b0191 [megW 12-S M951 WK 5608 11 '1H 271 H�Y3B NNA68A'dMHOIH'IVH3O3H N KI aup ueaap )OSSV V VSOMDN3• NVWU33HA- NRH00 1 1� .. 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L- L G x U � C i7)Q (� J . • Cl* -m 0) r O ■ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean One (NWSP 22-004 & MPMD 22-005) APPLICANT: Brian Bartczak, BB1 Development LLC APPLICANT'S ADDRESS: 888 Biscayne Blvd, Suite 101, Miami, FL 33132 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2023 APPROVAL SOUGHT: Approve request for Major Master Plan Modification (MPMD 23-002) and Major Site Plan Modification (MSPM 23-003) to the Ocean One project to allow the construction of a mixed-use development consisting of an eight (8) - story building with 371 dwelling units, 25,588 square feet of commercial space, associated recreational amenities, and parking, on a 3.71 -acre site. LOCATION OF PROPERTY: 222 & 114 N. Federal Highway — Generally located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Ocean One\MSPM 23-003 - MPMD 23-002\Staff Report\MSPM\Development Order - MSPM - Ocean One.doc Page 935 of 1165 8.B. Public Hearing 4/18/2023 Requested Action by Commission: Approve requests for two (2) Community Design Appeals (CDPA 22- 005& 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Explanation of Request: The application submitted for the Community Design Appeals (CDPA 23-001, 23-002, 23-003, 23-004, 23- 005, 23-009) is pursuant to the following: Part III, Chapter 4, Article III, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, and; Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone (build -to line) Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As described, the parking garage is wrapped with habitable space along North Federal Highway and East Ocean Avenue, but is not wrapped with habitable space along Boynton Beach Boulevard or NE 6th Court, and accordingly, is one of two subjects of this appeal request. The other subject of this appeal request is that the building is set back further from the required build -to line, which is normally 20'6" measured from back of curb on North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, and 5' measured from back of curb on NE 6th Court. On North Federal Highway, the building is set back 247' — 106'6" from the back of curb, on East Boynton Beach Boulevard, the building is set back 30'6" — 191'4" from the back of curb, on NE 6th Court, the building is set back 14'11" - 108'3" from the back of curb, and on East Ocean Avenue, the building is set back 32'— 1017' from the back of curb. The strict application of the site design standards for a parking garage wrapped with habitable space from all rights-of-way, in this instance, would create a condition which would push the parking garage closer to North Federal Highway and would severely limit or eliminate the public and private plazas along North Federal Highway. Providing an unwrapped garage allowed the applicant to optimize the amount of available usable open space for both the public and private residential amenities. The strict application of the standards for a build -to line, in this instance, would reduce the flexibility of the applicant to provide alternative design solutions which promote the expansion of the public realm. Allowing the building to be set back a distance from the build -to line allows for expanded landscaping along the pedestrian zone and provides opportunities for public plazas along East Boynton Beach Boulevard, East Ocean Avenue, and North Federal Highway. These proposed architectural features and landscape material, in addition to the conditions of approval, will Page 936 of 1165 allow the parking garage elevations to appear as habitable spaces and remain consistent with the architectural design of the multi -family building, and will allow the increased setback to create more pedestrian features which further enrich the downtown environment in which it is located. The Planning & Zoning Board recommended approval of this item at the March 28, 2023 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D Staff 1lRelpolrt Staff 1lRepolrt. D 1.....ocatlion Map C:::::.A)ilbit A 1.....ou:Nat.iion lMap D i:::.7G1ii bit i.'.::Xt' iI bit B. 1 J u.bsfif carntllonn 7taNtelrr'nelnt °° Garage (North i:::::.lev<:gtllfblrii) D i.'.::xhll%bllt i:::::.)lhli blit I:::'.2 ... Justification n t° tateirn"nelrmt °° Gja::nlr'aage (li.:::ast II'.::::Ileva=ifllol"n) D :::::'.bcl"b lliblll i.:::)d1ltbllt B.3 °° Justification Statelr ea i nt °° t:••BuIIIId°° ta;b (....Jne (West Elevation) D i..::bdl)ibit i:::.xl"inliant BA Ju.bstnfccitnon Stat(asiry*',,'nnt C:: UIld Fo I.....nnne (North Elevation) D is )diit)Iit i.'. )dI"' i bll't B.5 a tu.nstll'flca'tllon Statelrnrnein't f:.tuiId R) 1.....linne (IC:::::.ast Ii:::::.11e atlion) D i. )d'ilibil I::: )d'ilibit li::.6 Justification Statelrnei nt Bu.bnlldfab I.....IIII" e (Sou"ntl"n Elevation) D Drawings ngs i::: )d1'ni bit. C.1IMasteirf>Ii .? I-IIlalrn D i..tn a:nwllings i:: )dii bit C.2 Architectural If 11anns D Dinawllnng ,, i:::::.)lintbit C.3 I.....andscapn: 1=11a i ns D f..;ondlltll4: i ns of Approval i:::::.YJi"nIibit li...f Conditions of Approval D Development Order C:: evf..)I :blplrrnenu: Order Page 937 of 1165 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-016 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, Senior Planner DATE: March 16, 2023 PROJECT NAME: Ocean One — Hyperion (CDPA 23-001, 002, 003, 004, 005, 009) REQUEST: Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. Property BB1 Development LLC Owner: Applicant: Brian Bartczak, BB1 Development LLC Agent: Bonnie Miskel, Beth Schrantz Dunay Miskel & Backman, LLP Location: 222 & 114 N. Federal Highway - East of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue (see Exhibit "A" - Location Map) Site Details: The applicant has submitted development applications for a Major Master Plan Modification, Major Site Plan Modification, and six (6) Community Design Appeals for a mixed-use project known as Ocean One, which proposes 371 multifamily dwelling units and 25,588 square feet of commercial space within a mixed-use building, recreational amenities, parking, and other related site improvements. The total area of the subject properties is 3.71 acres. Page 938 of 1165 Ocean One (CDPA 23-001, 23-002, 23-003, 23-004, 23-005, 23-009) Memorandum No PZ 23-016 Page 2 BACKGROUND AND ANALYSIS The application submitted for the Community Design Appeals (CDPA 23-001, 23-002, 23-003, 23-004, 23-005, 23-009) is pursuant to the following: Part III, Chapter 4, Article III, Section 6.F.2.d. of the Land Development Regulations, which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, and; Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 of the Land Development Regulations, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone (build -to line) Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As described, the parking garage is wrapped with habitable space along North Federal Highway and East Ocean Avenue, but is not wrapped with habitable space along Boynton Beach Boulevard or NE 6th Court, and accordingly, is one of two subjects of this appeal request. The other subject of this appeal request is that the building is set back further from the build -to line which is required, which is normally 20'6" measured from back of curb on North Federal Highway, East Boynton Beach Boulevard, and East Ocean Avenue, and 5' measured from back of curb on NE 6th Court. On North Federal Highway, the building is set back 247' — 106'6" from the back of curb, on East Boynton Beach Boulevard, the building is set back 30'6" — 191'4" from the back of curb, on NE 6th Court, the building is set back 14'11" - 108'3" from the back of curb, and on East Ocean Avenue, the building is set back 32'— 1017' from the back of curb. The applicant has submitted a Justification Statement for each elevation of the parking garage (Exhibits B.1 & B.2) and each of the four rights-of-way (Exhibits B.3, B.4, B.5, & B.6) addressing each of the following review criteria: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed, d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5601 D14E-A49C-4734-8007-072B62306B54\Boynton Beach.37941.1. Staff _Report _-_ CDA _-_Ocean_One_2.docx Page 939 of 1165 Ocean One (CDPA 23-001, 23-002, 23-003, 23-004, 23-005, 23-009) Memorandum No PZ 23-016 Page 3 g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The proposed building site totals 3.71 acres, with East Boynton Beach Boulevard to the north and developed commercial properties further, NE 6t" Court to the east and developed commercial properties further, East Ocean Avenue to the south, and developed properties and the "Broadstone" project under construction further, North Federal Highway to the west, further the site of the approved "The Pierce" mixed-use project. The proposed mixed-use development is comprised proposes an 8 -story mixed-use development consisting of 371 dwelling units ranging in size from 551 square feet to 1,209 square feet, approximately 25,588 square feet of ground floor commercial space, and a residential amenity area and parking garage. As shown on the architectural site plan (Exhibit C.2), the proposed parking garage is not wrapped with habitable floor area fronting East Boynton Beach Boulevard and NE 6t" Court, and the building is not built to the build -to line along all four rights-of-way (East Boynton Beach Boulevard, NE 6t" Court, East Ocean Avenue, North Federal Highway). The strict application of the site design standards for a parking garage wrapped with habitable space from all rights-of-way, in this instance, would create a condition which would push the parking garage closer to North Federal Highway and would severely limit or eliminate the public and private plazas along North Federal Highway. Providing an unwrapped garage allowed the applicant to optimize the amount of available usable open space for both the public and private residential amenities. The strict application of the standards for a build -to line, in this instance, would reduce the flexibility of the applicant to provide alternative design solutions which promote the expansion of the public realm. Permitting the building to be set back a distance from the build -to line allows for expanded landscaping along the pedestrian zone and provides opportunities for public plazas along East Boynton Beach Boulevard, East Ocean Avenue, and North Federal Highway. In lieu of wrapping the parking structure on East Boynton Beach Boulevard and NE 6t" Court, the applicant proposes a vine system attached to a wall on the East Boynton Beach Boulevard fagade and alternative architectural fagade treatments on the NE 6t" Court fagade of the parking garage to ensure that the design would be compatible with the architectural design of the multi- family residential building. Furthermore, the fact that the lot is surrounded on all sides by rights- of-way makes it difficult for the garage to be wrapped, and the applicant has oriented the exposed sides of the garage towards the rear of the property, away from areas of high pedestrian circulation. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5601 D14E-A49C-4734-8007-072B62306B54\Boynton Beach.37941.1. Staff _Report _-_ CDA _-_Ocean_One_2.docx Page 940 of 1165 Ocean One (CDPA 23-001, 23-002, 23-003, 23-004, 23-005, 23-009) Memorandum No PZ 23-016 Page 4 In lieu of building to the build -to line, the applicant proposes a pedestrian zone with areas of landscaping between the active area and the sidewalk area, and also provides multiple plazas which break up the fagade of the building along the rights-of-way and provide opportunities for rest and relaxation, in addition to outdoor seating. The applicant proposes the following treatments for each elevation: North Elevation - The north elevation will incorporate the following architectural and landscape design features: Enhanced landscaping along the amenity area, the orientation of indoor resident amenities fronting the right-of-way, stucco, balconies, English Ivy vines affixed to the garage fagade, six (6) royal palms to create a layered look to further screen the north elevation. The project has been conditioned to generally enhance the appearance of this elevation. First, the project has been conditioned to provide additional architectural enhancements, such as additional windows (functional of faux), balconies, or additional architectural enhancements beyond affixing geometric framework on the side of the building which create more visual interest and avoid a "blank wall" appearance. The project has also been conditioned to create more of an architectural base to the structure to further break up the fagade. Finally, the project has been conditioned to provide a more detailed plan and design for the vines to be affixed to the garage, and designed and incorporated in a way with the architectural grid feature imposed on the remainder of the building (Exhibit D — Conditions of Approval). East Elevation — The east elevation will feature stucco, perforated metal panels, a gridded architectural framework design feature, and additional landscaping along the residential amenity area. The project has been conditioned to revise the elevation to provide for a facade which further incorporates design features to conceal the garage's fagade, including options such as a vine treatment similar to the one proposed on East Boynton Beach Boulevard (with all conditions), or providing additional architectural features such as faux windows or faux balconies. The project has also been conditioned to increase the landscaping along the base of the parking garage, including additional shrubs and trees in addition to the proposed street trees (Exhibit D — Conditions of Approval). South Elevation — The south elevation will include a pedestrian plaza with landscaping and outdoor seating, balconies featuring perforated metal which face the right-of-way and the plaza, stucco, an architectural grid feature, and the ground floor portion covered with a cantilevered awning. The project has been conditioned to create more of an architectural base to the structure to further break up the fagade (Exhibit D — Conditions of Approval). West Elevation — The west elevation will include two pedestrian plazas, including one with a water feature located in front of the vehicular drop-off area, a covered vehicular drop-off area with a mural along the ground floor of the garage, balconies featuring perforated metal which face the right-of-way and the plaza, architectural grid features, a framed wood -tile base to break up the design of the fagade, and the ground floor portion covered with a cantilevered awning. The project has been conditioned to provide additional architectural enhancements, such as additional windows (functional of faux), balconies, or additional architectural enhancements beyond affixing geometric framework on the side of the building which create more visual interest and avoid a "blank wall" appearance. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5601 D14E-A49C-4734-8007-072B62306B54\Boynton Beach.37941.1. Staff _Report _-_ CDA _-_Ocean_One_2.docx Page 941 of 1165 Ocean One (CDPA 23-001, 23-002, 23-003, 23-004, 23-005, 23-009) Memorandum No PZ 23-016 Page 5 These proposed architectural features and landscape material, in addition to the conditions of approval, will allow the parking garage elevations to appear as habitable spaces and remain consistent with the architectural design of the multi -family building and mixed-use projects, and will allow the increased setback to create more pedestrian features which further enrich the downtown environment in which it is located. RECOMMENDATION Staff has reviewed the requests for the Community Design Appeals and recommends APPROVAL based on the analysis contained herein, contingent upon City Commission approval of concurrent requests for the Major Site Plan Modification (MSPM 23-003) and Major Master Plan Modification (MPMD 23-002) applications, and satisfying all comments indicated in Exhibit D — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5601 D14E-A49C-4734-8007-072B62306B54\Boynton Beach.37941.1. Staff _Report _-_ CDA _-_Ocean_One_2.docx Page 942 of 1165 EXHIBIT "A" SITE LOCATION MAP 0 20 40 80 120 160 Feet Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved -tage l,igep AOgr�e T65 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir" a I[Nepaki Sara V I"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for Boynton Beach Boulevard Garage Facade Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9urta Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 944 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the integrated parking garage has been redesigned in order to accommodate all required parking to ensure that no viewsheds provide sightlines to exposed surface parking areas, and instead provides a view to the attractive building facades, and lushly landscaped open spaces. The reorientation of the parking garage results in the mechanical/electrical/plumbing back -of -house areas being placed along the east parking garage facade along NE 6th Court without a habitable space liner, and significant recreational amenities being placed along the north parking garage facade without a habitable space lined. Part III, Chapter 4, Article III, Section 6.F.2.d of the City's LDRs requires that habitable floor area must wrap all upper -levels of the parking structure where an integrated parking structure has frontage along a public right-of-way with the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along a minimal portion of the north garage fagade adjacent to recreational amenities along Boynton Beach Boulevard where the building is set back from the street, there is minimal street level activity, and passerby traffic does not exist as the road dead -ends immediately to the east is not feasible without Page 2 of 9 Page 945 of 1165 compromising the Project's ability to provide high quality recreational amenities such as a resort style pool and pickle ball court. As such, Petitioner proposes alternative architectural facade treatments as shown in the excerpts from the architectural elevations provided below, including English Ivy (Hedera Helix) that will create an attractive green wall over this portion of the parking structure. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street -level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. NORTH FACADE TREATMENT si ;r ETP.ICCU1* PAdW1.T BIG CHILL GVU 7B49 F7UCCO x PAINT � V a '& ,p�d�J� �II WU9IIUUIJVVV;U�IIII➢I IIVIIlI�VII�IpI /yIJVIiIII�VIIIIrVII rJ,IIII�IIIIIIIIIIIIIIVIIIIIIIIIVUIIVVpUUUUIIIlllly�l�yyllylUUUI�U�UI yl yJSTUCCO PIAIN,T METAL �MESH ESH T F i , ' EGRET VVHITE SW.. 7570 STUCCO PARIT HlrH REFLECTIVE YklPE 7AFJFPrg34 LIGHT AWTANI E7 dES JL SW 7757 TLXTEDGLASS E,) GRA IuIUI LC tie wr,ll ISI I I,,r �, ��� ryry In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide high-quality architectural fagade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part 111, Chapter 4, Article 111, Section 6.F.2.d to provide alternative design elements and fagade treatment to shield the north facades of the integrated parking garage that fronts Boynton Beach Boulevard in lieu of wrapping this portion of the fagade with habitable floor area. ("Parking Garage CDA ") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA Page 3 of 9 Page 946 of 1165 In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide more appropriate architectural fagade treatment for the portion of the integrated parking garage fagade that fronts the eastern portion of Boynton Beach Boulevard just before the road dead -ends at the Intracoastal Waterway. The portion of Boynton Beach Boulevard that is subject to this request serves as the private recreational uses located within the Project. Considering that the road ends immediately east of the Property, there is not a high level of pedestrian activity in this area and commercial ground floor uses located in this area are not likely to be viable. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and Page 4 of 9 Page 947 of 1165 transportation choices — Approval of the requested Community Design Appeal will allow development of the project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Boynton Beach Boulevard than was contemplated under the Original Approval. • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Parking Garage CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Parking Garage CDA will not significantly detract from the livability or appearance of the City the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along portion of the garage fagade adjacent to the end of the road where street level activity and passerby traffic does not exist would not serve any beneficial purpose. As such, Petitioner proposes alternative architectural facade treatments to meet the intent of the LDRs, including English Ivy (Hedera Helix) that will create an attractive green wall over this portion of the parking structure. Further, Page 5 of 9 Page 948 of 1165 a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street -level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. Further, approval of the requested Parking Garage CDA is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. Approval of the requested Parking Garage CDA will allow for the higher density development encouraged by such provisions in the City's LDRs. As such, approval of the Parking Garage CDA will not detract from the livability or appearance of the City, and is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Parking Garage CDA is consistent with the purpose of this provision. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The alternative architectural fagade treatments proposed (a green wall comprised of English Ivy and added tiered landscaping with Royal Palms that will grow taller than the proposed shade trees to provide a tiered screening effect) meet the intent of the LDRs. The proposed architectural treatment, in combination with the proposed recreational amenities and Pedestrian Zone meets the purpose of the standard. Page 6 of 9 Page 949 of 1165 (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. Approval of the requested Parking Garage CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. In addition six (6) Royal Palms are proposed in this immediate area in order to provide a tiered landscape screen with the palms growing taller than the shade trees proposed for the Project. This specific request relates to habitable space along the garage and is required to provide world class recreational amenities for the residents. As noted above, the garage has been designed to with a living wall comprised of English Ivy that will complement the livable space in the associated residential building. As such, this criterion is not applicable to the Project. (e) Whether the proposed request will have on adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Parking Garage CDA will not have an adverse environmental impact. Rather, approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (fJ Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Parking Garage CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. Page 7 of 9 Page 950 of 1165 (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Parking Garage CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the requirement to provide habitable space wrapping the portion of the integrated parking garage that fronts Boynton Beach Boulevard. Approval of the requested Parking Garage CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested Parking Garage CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the requirement to wrap a minimal portion of the integrated parking garage with habitable space in order to be able to develop the project and further these objectives. Approval of this request is necessary to redevelop this underdevelopment aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (iJ Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the integrated parking garage and create continuity in street -level activity by maintaining interest Page 8 of 9 Page 951 of 1165 for pedestrians and passing automobile traffic. Habitable space along the Boynton Beach Boulevard frontage immediately before it dead-ends at the Intracoastal Waterway, where street level activity and passerby traffic does not exist, does not provide a beneficial purpose. As such, Petitioner proposes an alternative living wall to meet the intent of the LDRs, including English Ivy (Hedera Helix) that will create an attractive green wall over this portion of the parking structure. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street-level environment for any pedestrians. Six (6) Royal Palms (Roystonea Regia) have also been added to provide tiered landscaping that grow above the shade trees to provide further screening of the wall, making it barely visible, if at all, from the pedestrian level. The project is designed to comply with all other site development standards and requirements. As such, the requested Parking Garage CDA complies with this criterion. Page 9 of 9 Page 952 of 1165 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir" a I[Nepaki Sara V I"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for NE 6 t Court Garage Facade Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9urta Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 953 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the integrated parking garage has been redesigned in order to accommodate all required parking to ensure that no viewsheds provide sightlines to exposed surface parking areas, and instead provides a view to the attractive building facades, and lushly landscaped open spaces. The reorientation of the parking garage results in the mechanical/electrical/plumbing back -of -house areas being placed along the east parking garage fagade along NE 6th Court without a habitable space liner. Part III, Chapter 4, Article III, Section 6.F.2.d of the City's LDRs requires that habitable floor area must wrap all upper -levels of the parking structure where an integrated parking structure has frontage along a public right-of-way with the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along a minimal portion of the east garage fagade adjacent to back -of -house and parking areas along NE 6th Court where there is minimal street level activity and passerby traffic does not exist is not feasible without compromising the Project's ability to provide high quality urban plazas along the active property frontages. As such, Petitioner proposes alternative architectural fagade treatments as shown in the excerpts from the architectural elevations provided below, including painted relief and reveals and perforated metal panels that provide the Page 2 of 8 Page 954 of 1165 appearance of window fenestration, architectural articulation through recesses, projections, and variations in roofline. Further, a full Pedestrian Zone with a tree planting area, 10' wide sidewalk and 8' active area are provided along this frontage to create additional screening and ensure a pleasant street - level environment for any pedestrians. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide high-quality architectural facade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part 111, Chapter 4, Article 111, Section 6.F.2.d to provide alternative design elements and fagade treatment to shield the east facades of the integrated parking garage that fronts NE 6th Court in lieu of wrapping this portion of the faVade with habitable floor area. ("Parking Garage CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. Page 3 of 8 Page 955 of 1165 As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide more appropriate architectural fagade treatment for the portion of the integrated parking garage fagade that fronts NE 6th Court. The portion of NE 6th Court that is subject to this request serves as the entry for back -of -house parking areas for the small scale retail uses located within the Project. As such, there is not a high level of pedestrian activity in this area and ground floor uses located in this area are not likely to be viable. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — Approval of the requested Community Design Appeal will allow development of the project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along NE 6th Court than was contemplated under the Original Approval. • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. Page 4 of 8 Page 956 of 1165 • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Parking Garage CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Parking Garage CDA will not significantly detract from the livability or appearance of the City the intent to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along portion of the garage fagade adjacent to back -of -house and parking areas where street level activity and passerby traffic does not exist would not serve any beneficial purpose. As such, Petitioner proposes alternative architectural fagade treatments to meet the intent of the LDRs, including painted relief and reveals along with perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline. Further, a Pedestrian Zone streetscape comprised of a 5' wide street tree area, a 10' wide sidewalk, and 8' active area is proposed along the garage frontage along NE 6t" Court that will provide additional screening and ensure a pleasant street -level environment for any pedestrians. Further, approval of the requested Parking Garage CDA is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area Page 5 of 8 Page 957 of 1165 also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. Approval of the requested Parking Garage CDA will allow for the higher density development encouraged by such provisions in the City's LDRs. As such, approval of the Parking Garage CDA will not detract from the livability or appearance of the City, and is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Parking Garage CDA is consistent with the purpose of this provision. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. The alternative architectural fagade treatments proposed (painted relief and reveals and perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline) meet the intent of the LDRs. The proposed architectural treatment, in combination with the proposed Pedestrian Zone meets the purpose of the standard. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health and species of trees sought to be protected. Approval of the requested Parking Garage CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the garage and is required to provide a safe and functioning garage facility. As noted above, the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criterion is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Page 6 of 8 Page 958 of 1165 Approval of the requested Parking Garage CDA will not have an adverse environmental impact. Rather, approval of the requested Community Design Appeal will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (fJ Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Parking Garage CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Parking Garage CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the requirement to provide habitable space wrapping the portion of the integrated parking garage that fronts NE 6t" Court. Approval of the requested Parking Garage CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 39.25% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Parking Garage CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Page 7 of 8 Page 959 of 1165 Approval of the requested Parking Garage CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the requirement to wrap a minimal portion of the integrated parking garage with habitable space in order to be able to develop the project and further these objectives. Approval of this request is necessary to redevelop this underdevelopment aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The intent of the requirement to provide habitable space wrapping an integrated parking garage is to disguise the integrated parking garage and create continuity in street -level activity by maintaining interest for pedestrians and passing automobile traffic. Habitable space along the NE 6th Court garage fagade adjacent to back -of -house and parking areas where street level activity and passerby traffic does not exist does not provide a beneficial purpose. As such, Petitioner proposes alternative architectural fagade treatments to meet the intent of the LDRs, including painted relief and reveals and perforated metal panels that provide the appearance of window fenestration, and architectural articulation through recesses, projections, and variations in roofline. Further, a Pedestrian Zone is provided adjacent to this frontage that will provide additional screening and ensure a pleasant street - level environment for any pedestrians. The project is designed to comply with all other site development standards and requirements. As such, the requested Parking Garage CDA complies with this criterion. Page 8 of 8 Page 960 of 1165 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir" a I[Nepaki Sara V I"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for Federal Highway Build -To Line Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9urta Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 961 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian con nections/streetsca pe, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build -to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required Pedestrian Zone (PZ), and a zero foot (0') build -to line along NE 6th Court. The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas, open spaces, and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows Page 2 of 9 Page 962 of 1165 deviations from the build -to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and utilize alternative design elements and high-quality architectural fagade treatment to screen and disguise the garage while also providing for a pleasant pedestrian experience at the street level: Relief from Part ill, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 to provide a Build -To Line of 17'-5" to 99'4" along Federal Highway in lieu of a 0' Build -To Line ("Federal Highway CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article 11, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate belowthat the Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 17'-5" to 99'-4" is required to provide a larger pedestrian promenade along Federal Highway, create public plazas, and provide an active plaza amenity in the central portion of the Property, as shown in the excerpt from the illustrative site plan below. Page 3 of 9 Page 963 of 1165 Federal Highway is a heavily trafficked arterial thoroughfare along which a comfortable pedestrian experience cannot be created without wider sidewalks, and places of refuge such as public plazas. The proposed design of the Project provides a more expansive pedestrian area along Federal Highway to create an active and comfortable pedestrian environment that allows for greater interaction with the proposed commercial uses. The provision of a public plaza nestled into the northern portion of the building, along with a plaza in the central portion of the frontage and an art plaza at the southwest corner of the Property further activates the street while providing a mix of uses and opportunities for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — Approval of the requested Federal Highway CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Federal Highway than was contemplated under the Original Approval. • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. Page 4 of 9 Page 964 of 1165 • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the facade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Federal Highway CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Federal Highway CDA will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, and open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and residential recreational amenities to create a comfortable pedestrian environment, promote pedestrian activity, and promote a variety of active uses along Federal Highway. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 17'-5" to 99'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit - Page 5 of 9 Page 965 of 1165 supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape, creating places of refuge for pedestrians, and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Federal Highway CDA is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build -to -line requirements in order to provide wider sidewalks to promote pedestrian activity along Federal Highway and create public plazas. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5" to 99'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. In addition, the Property location provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the Page 6 of 9 Page 966 of 1165 future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. Approval of the requested Federal Highway CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas, public plazas, and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Federal Highway CDA will not have an adverse environmental impact. Rather, approval of the requested Federal Highway CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Federal Highway CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (fJ Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Federal Highway CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. Page 7 of 9 Page 967 of 1165 (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Federal Highway CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and larger recreational open spaces to promote pedestrian activity and integration of the streetscape with the active uses along Federal Highway. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 17'-5" to 99'-4" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Federal Highway CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Federal Highway CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested Federal Highway CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and recreational open space to promote pedestrian activity and integration of the open spaces with the active uses along Federal Highway and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a comfortable pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5" to 99'-4" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible Page 8 of 9 Page 968 of 1165 with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build -to -line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and residential recreational amenities to promote pedestrian activity and integration with the active uses along Federal Highway. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 17'-5" to 99'-4" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested Federal Highway CDA complies with this criterion. Page 9 of 9 Page 969 of 1165 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir"aa I[Nepaki Sara VI"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for Boynton Beach Boulevard Build -To Line Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9uraa Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 970 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian con nections/streetsca pe, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build -to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required Pedestrian Zone (PZ), and a zero foot (0') build -to line along NE 6t" Court. The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6t" Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas, open spaces, and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and Page 2 of 9 Page 971 of 1165 residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows deviations from the build -to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part lll, Chapter 3, Article 111, Section 5.C.1, Table 3-22, Footnote 7 to provide a Build -To Line of 30'-5" to 191'-4" along Boynton Beach Boulevard in lieu of a 0' Build - To Line ("Boynton Beach Boulevard CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate belowthat the Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. Page 3 of 9 Page 972 of 1165 The requested relief to provide a setback of 30'-5" to 191'-4" is required to provide a larger pedestrian promenade along East Boynton Beach Boulevard and create an active recreational amenity in the eastern portion of the Property, as shown in the excerpt from the illustrative site plan below. East of Federal Highway, Boynton Beach Boulevard becomes a local road servicing only a handful of properties. The proposed design of the Project provides a more expansive pedestrian area along Boynton Beach Boulevard to create an active pedestrian environment that allows for greater interaction with the proposed commercial uses. The provision of an active residential amenity at the northeast corner further activates the street while also providing for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — Approval of the requested Community Design Appeal will allow development of the project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Boynton Beach Boulevard than was contemplated under the Original Approval. Page 4 of 9 Page 973 of 1165 • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Boynton Beach Boulevard CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Boynton Beach Boulevard CDA will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, and open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and residential recreational amenities to promote pedestrian activity and create active uses along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building 30'-5" to 191'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 5 of 9 Page 974 of 1165 Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit - supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Boynton Beach Boulevard CDA is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks to promote pedestrian activity along East Boynton Beach Boulevard and to provide active recreational amenities at the northeast corner of the Property. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 6 of 9 Page 975 of 1165 Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. Approval of the requested Boynton Beach Boulevard CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Boynton Beach Boulevard CDA will not have an adverse environmental impact. Rather, approval of the requested Boynton Beach Boulevard CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Boynton Beach Boulevard CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Boynton Beach Boulevard CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future Page 7 of 9 Page 976 of 1165 transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Boynton Beach Boulevard CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and larger recreational open spaces to promote pedestrian activity and active uses along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 30'-5" to 191'- 4" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Boynton Beach Boulevard CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Boynton Beach Boulevard CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested Boynton Beach Boulevard CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and recreational open space to promote pedestrian activity and active use along East Boynton Beach Boulevard and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along Page 8 of 9 Page 977 of 1165 this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build -to -line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and active use along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 30'-5" to 191'-4" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested Boynton Beach Boulevard CDA complies with this criterion. this criterion. Page 9 of 9 Page 978 of 1165 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir" a I[Nepaki Sara V I"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for NE 6 t Court Build -To Line Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9urta Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 979 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian con nections/streetsca pe, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build -to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required Pedestrian Zone (PZ), and a zero foot (0') build -to line along NE 6th Court. The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6th Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas, open spaces, and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows Page 2 of 9 Page 980 of 1165 deviations from the build -to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part ill, Chapter 3, Article /it, Section 5.C.1, Table 3-22, Footnote 7 to provide a Build -To Line of 12'-1" to 105'-5" along NE 6' Court in lieu of a 0' Build -To Line ("6`" Court CDA") Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 12'-1" to 105'-5" is required to provide a larger pedestrian promenade along NE 6t" Court and create an active recreational amenity in the northeastern portion of the Property, as shown in the excerpt from the illustrative site plan below. Page 3 of 9 Page 981 of 1165 1 NE 6th Court is classified as a local street and not technically subject to the requirement to provide a Pedestrian Zone. Nevertheless, in order to provide the highest quality pedestrian experience possible and ensure that the City's pedestrian network is complete, Petitioner proposes to provide the same Pedestrian Zone along the majority o\f NE 6th Court as is provided along the City's arterial and collector streets. As such, the proposed design of the Project provides a more expansive pedestrian area along NE 6th Court to create an enjoyable pedestrian environment. The provision of an active residential amenity at the northeast corner further activates the street while also providing for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — Approval of the requested 6th Court CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along NE 6th Court than was contemplated under the Original Approval. • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize Page 4 of 9 Page 982 of 1165 personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fagade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested 6t" Court CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested 6t" Court CDA will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, and open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and create active uses along NE 6t" Court. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 12'-1" to 105'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit - supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Page 5 of 9 Page 983 of 1165 Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape and providing the necessary recreational amenities to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested NE 6th Court CDA is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks to promote pedestrian activity along NE 6th Court and to provide active recreational amenities at the northeast corner of the Property. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1" to 105'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. Page 6 of 9 Page 984 of 1165 (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. Approval of the requested 6th Court CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested 6th Court CDA will not have an adverse environmental impact. Rather, approval of the requested 6th Court CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the 6th Court CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (fJ Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested 6th Court CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Page 7 of 9 Page 985 of 1165 Approval of the requested 6th Court CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and larger recreational open spaces to promote pedestrian activity and active uses along NE 6th Court. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 12'-1" to 105'-5" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested 6th Court CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the 6th Court CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested 6th Court CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and recreational open space to promote pedestrian activity and active use along NE 6th Court and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1" to 105'-5" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. Page 8 of 9 Page 986 of 1165 (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build -to -line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, and residential recreational amenities to promote pedestrian activity and active use along NE 6t" Court. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 12'-1" to 105'-5" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested 6t" Court CDA complies with this criterion. Page 9 of 9 Page 987 of 1165 Gm y Duinaay 11 lop e CaDIIaaun 11,flcoIte,.daaeger, I3e111111,0e Ilyorllae, IDwayuae II)Icllae eur°r IDawirtI. 0 III,mrdge mimuml minim uuuu,,,,,,, Scott IBaaaullaurraan IEIte caehr�ao iadee D >ttaa*y Schneider 1.".V"�e Coffman Matthew IID Seca Kristen W ! s mum I wD.l,, CIII Isfiiir" a I[Nepaki Sara V I"rwrali meo"r Hyperion — Boynton Beach Statement of Use and Justification for Community Design Appeal for Ocean Avenue Build -To Line Submitted: November 2, 2022 Resubmitted: January 17, 2023 BBI Development, LLC ("Petitioner") is the owner of a +/- 3.71 acre assemblage of two (2) parcels located at 114 N Federal Highway (PCN: 08-43-45-27-01-000-0410) and 222 N Federal Highway (PCN: ("Property'), which is generally located on the east side of Federal Highway between Ocean Avenue and East Boynton Beach Boulevard in the City of Boynton Beach ("City"). The Property is designated MXH, Mixed Use High, on the City's Future Land Use Map and located within the City's MU -C, Mixed Use — Core, zoning district. The Property is also located within the boundaries of the City's Community Redevelopment Agency ("CRA"), as well as the DTODD, Downtown Transit -Oriented Development District. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. PRIOR APPROVALS On April 4, 2017, the City Commission granted the following approvals to allow for development of the Property: • Ordinance No. 17-008 amending Ordinance 02-013 to Rezone the Property from the CBD, Central Business District, zoning district to the current MU -H zoning district in order to make the zoning consistent with the MXH Future Land Use designation; 0 Ordinance 17-009 authorizing Abandonment of a portion of the Boynton Beach Boulevard right- of-way running east from Federal Highway and abutting the north property line of the subject site in addition to the abandonment of the west 10 feet of NE 6t" Court, between Boynton Beach Boulevard and Ocean Avenue; Development Order for Major Site Plan Approval (NWSP 16-002) for a multi -family residential (rental apartment) development consisting of an eight (8) story building with 231 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities, subject to 28 conditions of approval, which are detailed under STATUS OF CONDITIONS OF APPROVAL below; and Development Order for Community Design Appeal Approval of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards', which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with the habitable space. 14 S E, 4Dir aHtor et, amLD[tO 16, I.9urta Raton, F: L 33432 11d l561I 405-3300 Fax" f5611 4M2W www, cdInitb( amcoIra Page 988 of 1165 The foregoing approvals are collectively referred to herein as "Original Approval". APPLICATION REQUEST At this time, the Petitioner has submitted a Major Master Plan Modification and Major Site Plan Modification in order to develop the Property as a mixed use development generally consistent with the Original Approval, but with significantly improved site design. In reviewing the approved site plan, Petitioner identified certain improvements to the use mix and site design that can be made to substantially improve the quality of the development by: • Reconfiguring the buildings, open spaces, parking structure, and art to provide a focus on open spaces and public plazas along Ocean Avenue and Federal Highway and eliminate the proposed phasing of the development, • Increasing the unit count to 371 dwelling units and changing the unit mix for the residential component of the development, • Increasing the commercial component of the development to 25,588 square feet, • Expanding the recreational amenities to increase usable open space by 36.75% (from 2.5% to 39.25%), and • Reconfiguring the site plan to eliminate surface parking, insulate the parking garage and add more lush plantings to ensure no viewsheds to the garage from adjacent roadways. (collectively referred to herein as "Major Master Plan Modification and Major Site Plan Modification"). Redevelopment of the Property with higher density mixed use residential is consistent with the goal contemplated by the TOD district. The Major Master Plan Modification and Major Site Plan Modification provides a meaningfully higher quality of life for the future residents of the project and the City by providing world class recreational amenities and creating an urban environment in the City's downtown while respecting the surrounding area by ensuring that the parking areas do not impact the adjacent roadways. As noted above, the building is designed to create and accentuate urban pedestrian con nections/streetsca pe, public plazas, open spaces, and active private residential amenities. The City's Land Development Regulations ("LDRs") Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7 requires a build -to line along Ocean Avenue, Federal Highway, and Boynton Beach Boulevard of zero feet (0') from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required Pedestrian Zone (PZ), and a zero foot (0') build -to line along NE 6t" Court. The Project is designed to provide a Pedestrian Zone comprised of a 5' wide tree planting area, 10' wide sidewalk, and 8' active area along all project frontages in order to create a well-connected pedestrian experience of the highest quality possible, though the Pedestrian Zone is not specifically required along NE 6t" Court. In addition to the Pedestrian Zone provided, the building is designed with more substantial setbacks at strategic locations to create public plazas, open spaces, and private recreation areas. The building placement and orientation required to create these Pedestrian Zones and the significant usable public plazas, open spaces, and Page 2 of 9 Page 989 of 1165 residential amenities proposed creates setbacks in excess of fifteen (15') along Ocean Avenue, Federal Highway, Boynton Beach Boulevard, and NE 6th Court. LDR Chapter 3, Article III, Section 5.C.2. allows deviations from the build -to line requirements in excess of fifteen feet (15') upon the approval of a Community Design Appeal application. In consideration of the foregoing information, Petitioner respectfully requests approval for the following community design appeal in order to provide urban open spaces along the City's public rights-of-way and create a pleasant pedestrian experience at the street level: Relief from Part lll, Chapter 3, Article /it, Section 5.C.1, Table 3-22, Footnote 7 to provide a Build -To Line of 21'-0" to 115'-5" along Ocean Avenue in lieu of a 0' Build -To Line Approval of the requested Community Design Appeal will allow the Major Master Plan Modification and Major Site Plan Modification and ultimately development of the project. COMPLIANCE WITH COMMUNITY DESIGN APPEAL CRITERIA In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's LDRs, Petitioner will demonstrate below that each Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Pion. As noted above, the Property has a future land use designation of Mixed -Use High. Per the City's Comprehensive Plan, the MX -H category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -H category east of I- 95 specifically provides for high density residential and mixed use development. As such, the Project is consistent with the higher -density residential development clearly contemplated in the City's Comprehensive Plan. The requested relief to provide a setback of 21'-0" to 115'-5" is required to provide a larger pedestrian promenade along Ocean Avenue and create public plazas in strategic locations to further activate and Page 3 of 9 Page 990 of 1165 integrate the proposed ground floor commercial uses, as shown in the excerpt from the illustrative site plan below. Ocean Avenue is the downtown heart of the City and requires treatment through active, well programmed open spaces that integrate the commercial uses and the public realm. The proposed design of the Project provides a focal point for art at the intersection of Ocean Avenue and Federal Highway to create an iconic moment in the downtown core, which then leads into an expansive urban plaza that further activates the street while providing a mix of uses and opportunities for light and air at the ground level. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. — The requested Community Design Appeal is consistent with the LDRs, CRA's Downtown Master Plan, Florida Building Code, and subdivision regulations. • Policy 1.3.1.d — The requested Community Design Appeal provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices—Approval of the requested Ocean Avenue CDA will allow development of the Project, which provide for compact development, pedestrian friendly streets, improved recreational amenities, and a higher quality view along Ocean Avenue than was contemplated under the Original Approval. Page 4 of 9 Page 991 of 1165 • Objective 1.7 — The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. — The project proposes to redevelop an aggregation of underdeveloped parcels along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. — Approval of the requested Community Design Appeal provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalk. - The Project proposes a wide sidewalk along all project frontages to create a safe area for pedestrian activities. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — A well landscaped pedestrian area is provided along the project frontages to promote a safe pedestrian environment. Lush landscaping is proposed adjacent to the portion of the fa4ade for which relief is sought, which will provide a pleasant, shaded pedestrian experience. Considering the foregoing, approval of the requested Ocean Avenue CDA is consistent with the City's Comprehensive Plan. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. Approval of the requested Ocean Avenue CDA will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, and open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and iconic moments to create a downtown pedestrian environment, promote pedestrian activity, and promote a variety of active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be placed between 21'-0" to 115'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 5 of 9 Page 992 of 1165 Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit - supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts are also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations while creating a walkable streetscape, creating iconic moments in the City's downtown, and providing the necessary integration of the public realm and commercial uses to provide a high quality of life and ensure light and air at the ground level. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. Approval of the requested Ocean Avenue CDA is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public plazas and open space. Petitioner is requesting relief from the build -to -line requirements in order to provide wider sidewalks to promote pedestrian activity along Ocean Avenue, create public plazas, and to provide iconic moments in the City's downtown. Further, the sidewalks will be buffered from the street through a tree planting area in order to create a true pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0" to 115'-5" from the property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Page 6 of 9 Page 993 of 1165 Further, the Project will redevelop this vacant lot with highly amenitized residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development existing or proposed to the north, south, east and west, as well as the commercial redevelopment in the area. In addition, the Property location provides access to adjacent municipalities due to its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individuals can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health and species of trees sought to be protected. Approval of the requested Ocean Avenue CDA will not have an impact on existing trees or desired flora. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to relief to allow expanded pedestrian areas, public plazas, and recreational amenities, thus increasing open space and available tree planting area. (e) Whether the proposed request will have on adverse environmental impact that cannot be prevented by the imposition of conditions. Approval of the requested Ocean Avenue CDA will not have an adverse environmental impact. Rather, approval of the requested Ocean Avenue CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the environmental quality of the current proposal is significantly higher than the Original Approval. Considering that approval of the Ocean Avenue CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive environmental impact. (fJ Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. Approval of the requested Ocean Avenue CDA will not have an adverse impact on property values of abutting or adjacent land. The Property is currently underdeveloped and vacant, not serving the needs of the community or meeting the intent of the City's adopted regulations and plans. Approval of this request will allow for revitalization of the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This Page 7 of 9 Page 994 of 1165 district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component coincides with the goal contemplated by the TOD district and will provide the needed residential density and lodging to serve as an economic stimulus to the surrounding commercial uses. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. Approval of the requested Ocean Avenue CDA will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration of the streetscape with the active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through tree planting area in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located between 21'-0" to 115'-5" from the property line in order to create such an environment. This enhanced pedestrian realm and increased open space will act to improve the quality and quantity of light and air available to adjacent properties. Further, approval of the requested Ocean Avenue CDA will allow for approval of the requested Major Master Plan Modification and Major Site Plan Modification, which is designed to provide 36.65% usable open space (where the Original Approval provided only 2.5% usable open space). As such, the quality and quantity of light and air available to adjacent properties will be significantly increased by the current proposal than was provided under the Original Approval. Considering that approval of the Ocean Avenue CDA is necessary for the approval of the Major Master Plan Modification and Major Site Plan Modification, approval of this request will have a positive impact on the quality and quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. Approval of the requested Ocean Avenue CDA is necessary to further the City's objectives to assist with economic development and business promotion. As noted above, the Property is located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development with a ground -floor retail component an coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration of the open spaces with the active uses along Ocean Avenue and further these objectives. The sidewalks will be buffered from the street through a tree planting area in order to Page 8 of 9 Page 995 of 1165 create a comfortable pedestrian feel along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0" to 115'-5" from the property line in order to create such an environment. Approval of this request is necessary to redevelop this underdeveloped aggregation of parcels with the vertically integrated mixed-use project, which provides public art and recreational amenities that will promote the City as a first class destination and place to live. The proposed Project is compatible with development in the adjacent areas. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criterion. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are set back, and main buildings are pushed forward towards the Property line. The LDRs provide for major variations to build -to -line requirements through the approval of a Community Design Appeal Application where portions of buildings are proposed in excess of the distance specified in order to enhance sidewalks, public plazas, or open spaces. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, public plazas, and iconic moments to promote pedestrian activity and integration with the active uses along Ocean Avenue. Further, the sidewalks will be buffered from the street through a tree planting area in order to create an enjoyable pedestrian environment along this frontage. Petitioner is proposing relief to allow the building to be located 21'-0" to 115'-5" from the property line in order to create such an environment. The project is designed to comply with all other site development standards and requirements. As such, the requested Ocean Avenue CDA complies with this criterion. Page 9 of 9 Page 996 of 1165 \ \ / P, 1 C) 25 P UN Mm co "HUI 'M lilt'! \ \ / IR 7�9c I Y o Y tm a 4 v I_ I �r� 1 p -� _ 3nN3/I t1 Nk/3J0 w v Y � fit ion \ \ i \\ O ` ! 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O N W � Q E =o z o ® w Z a > a � � o o x N w z x LL U 'v, N U 2 m O Z Q `; o __ n E --2 E U' o N > o aQ i E a. m _ E E �w - m - •• - - .. 0'. > Y ESE,E� ry m o a• o N m uts �5 o o U E a ni °EC) N °❑ o U vii a` U U o E«u = - __ E m .. :'C' `m U y 0 •- m o y •- u v of Z 0 3 `m U °' •- •- c `m U •- c c �> uEcEE vo -r a i 0 - mho - - $ vE a� dy E v E °a E o�`� sE o .ENFa3 Em o l T¢vn RNs u°E of E .o cr _=E a Ew ae - .. dEE o £ ° o 'En --p u m.E _ E _ ccs E° o _ -c__ - '; 1 _ c ova aa`a a°aqo` -"m nE� '°'wim3 oaE2 oo - ;o; _ Ev o;m m_qEc a 1 o Ea m E i m O O ❑ Z 0 of U 2P c 0 �O cw U Z 00 o � a oP a z O J W � Q J oZj W LU W J J M W O Cn W z O z LUQ U LO O 0 V O N d a z o ® w Z a > a � � o o x N w z x m O O ❑ Z 0 of U 2P c 0 �O cw U Z 00 o � a oP a z O J W � Q J oZj W LU W J J M W O Cn W z O z LUQ U LO O 0 V O N d LL U 'v, N U 2 m O Z Q `; o r o `m n E --2 E U' o N > o m' cc) U 3 d wo m r �> 0'. > Y ry m o a• o N m �5 o o U E a ni °EC) N °❑ o U vii a` U U o z o t o o o `m U y 0 •- m o y •- u v of Z 0 3 `m U °' •- •- c `m U •- c c �> m O O ❑ Z 0 of U 2P c 0 �O cw U Z 00 o � a oP a z O J W � Q J oZj W LU W J J M W O Cn W z O z LUQ U LO O 0 V O N d EXHIBIT "D" Conditions of Approval Project Name: Ocean One (Community Design Appeals) File number: CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23-004, CDPA 23-005, CDPA 23-009 Reference: 31d review of plans identified as Community Design Appeals with a February 21, 2023 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Revise the building elevations of the faces of the building closest to East Boynton Beach Boulevard and East Ocean Avenue to include a design which reads as an architectural base. Consider X the option of replicating the design of the base of facades closest to North Federal Highway onto the aforementioned facades. 2. Revise the building elevations of the faces of the building closest to East Boynton Beach Boulevard and North Federal Highway to provide for architectural enhancements which create more visual interest and avoid a "blank wall" appearance. Treatment options X include additional windows (functional of faux), balconies or French balconies, or additional architectural enhancements beyond affixing geometric framework on the side of the building. 3. Revise the building elevations to provide a more transparent X balcony material. 4. Revise the garage elevations on East Boynton Beach Boulevard to provide a more detailed plan and design for the vines to be affixed to the garage. Ensure the vine work is attached and X designed in a way to architecturally compliment the grid architectural vernacular imposed on the remainder of the building. 5. Revise the garage elevation on NE 6t" Court to provide for a facade which incorporates design features which further conceal the garage's fagade. Possible solutions may include a vine X treatment similar to the one proposed on East Boynton Beach Boulevard (with all conditions), or providing additional architectural features such as faux windows or faux balconies. 6. Revise the hardscape plan to provide at least three (3) different hardscape materials. Provide a detailed description with samples X and/or images of the actual material to be used. 7. Revise the landscape plan to provide layered landscaping within the turnaround island and around the turnaround area within the X vehicle drop-off area off of North Federal Highway. 8. Within the active area along East Boynton Beach Boulevard adjacent to the outdoor residential amenity area, amend all applicable plans to provide shade coverings through structures X like a trellis or similar features to enhance the active area component of this section. 9. Revise all applicable plans to reduce the sidewalk width to 5 feet along NE 6th Court next to the building and garage to provide for a X larger foundation planting. Page 1048 of 1165 Ocean One (CDPA 23-001, CDPA 23-002, CDPA 23-003, CDPA 23-004, CDPA 23-005, CDPA 23-009) Conditions of Approval Paqe 2 of 2 DEPARTMENTS INCLUDE REJECT 10. Revise the landscape plan to provide a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted X in continuous rows or clusters along NE 6th Court. 11. Revise the landscape plan along NE 6th Court to add another layer of trees west of the sidewalk in addition to the existing street trees. Plant selection and planting patterns that optimize the display of X plant texture and color are encouraged. If utilities are required in this area, root barriers will be required. 12. Revise the landscape plan to include more shrubs to the landscaped area between the sidewalk and active areas to enhance the streetscape and meet the intent of the step back to X reduce the impact of the fagade on all rights-of-way. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. Page 1049 of 1165 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean One (CDPA 23-001, 002, 003, 004, 005, 009) APPLICANT: Brian Bartczak, BB1 Development LLC APPLICANT'S ADDRESS: 888 Biscayne Blvd, Suite 101, Miami, FL 33132 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2023 APPROVAL SOUGHT: Approve requests for two (2) Community Design Appeals (CDPA 22-005 & 23-009) of Part III, Chapter 4, Article III, Section 6.F.2.d., which requires habitable floor area to wrap all upper -levels of the parking structure where the structure has frontage along a public right-of-way, to allow for alternative design solutions for the fagades of the parking garage as proposed and four (4) Community Design Appeals (CDPA 23-001, 23-002, 23-003, & 23-004) for Part III, Chapter 3, Article III, Section 5.C.1, Table 3-22, Footnote 7, which requires that buildings be placed at a distance from the property line no greater than to accommodate for the pedestrian zone, to allow for a stepback provided at the ground floor. LOCATION OF PROPERTY: 222 & 114 N. Federal Highway — Generally located east of North Federal Highway between East Boynton Beach Boulevard and East Ocean Avenue DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk \\Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Ocean One\MSPM 23-003 - MPMD 23-002\Staff Report\MSPM\Development Order - MSPM - Ocean One.doc Page 1050 of 1165 10.A. Unfinished Business 4/18/2023 Requested Action by Commission: Continue discussion and selection of a Sister City in Ukraine. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1051 of 1165 12.A. Legal 4/18/2023 Requested Action by Commission: Proposed Ordinance No. 23-008- First Reading. Amending Chapter 2, "Administration" Article X, "Personnel Policy Manual" of the Code of Ordinances to update the Employee Handbook (fka Personnel Policy Manual) of the City of Boynton Beach. Explanation of Request: The current Personnel Policy Manual (PPM) the City utilizes was made effective March 1, 1998. The PPM was last revised and approved by the Commission in June 2011. The modifications added and revised will finalize personnel policies to ensure the best interest for the employees and the City. How will this affect city programs or services? Protect employees and the City by bringing the handbook in compliance with local, state and federal laws. Modifications include: City Manager Welcome Message, City Profile to include the City's Vision, Mission and Values, Paid Parental Leave, Probationary Period reduced to six (6) months, Anti Retaliation language added. The City is in compliance with Local, State and Federal laws with the changes. Fiscal Impact: Alternatives: Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1052 of 1165 Type D Ordnance DAltachimellIt D Altachiment D Addeinduirn Description Ordinance qppircMing arneindirneint to EimlployeE�, C iaindbook (fka Personnel Policy Mallhial) Eirnployee Il iandbook IPresentation Employee I iandbook �P IP IM Approved li in 20 1111 Page 1053 of 1165 I ORDINANCE 23-008 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2, "ADMINISTRATION" ARTICLE X, 5 "PERSONNEL POLICY MANUAL" OF THE CODE OF 6 ORDINANCES TO UPDATE THE EMPLOYEE HANDBOOK (FKA 7 PERSONNEL POLICY MANUAL) OF THE CITY OF BOYNTON 8 BEACH; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of 12 the City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton 13 Beach, which document was further amended by Ordinance No. 098-34 dated 14 September 3, 1998, Ordinance 098-44, dated December 1, 1998; Ordinance 02-031, 15 dated August 6, 2002, Ordinance 03-047, dated September 2, 2003, Ordinance 03-049, 16 dated September 16, 2003, Ordinance 05-048, dated September 6, 2005; Ordinance 17 09-018, dated April 7, 2009 and Ordinance 11-015, dated May 3, 2011; and IF 19 WHEREAS, the Human Resources Director is charged with the responsibility 20 of reviewing the document on a continual basis and making recommendations for 21 amendments to the policies from time to time, to correctly reflect the intent and 22 purposes of the City's personnel program; 23 24 WHEREAS, the Human Resource Director with the assistance of administrative 25 staff has undertaken a comprehensive review of the Employee Handbook (fka PPM) and 26 has recommended numerous changes. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2. City of Boynton Beach's Code of Ordinances, Chapter 2, "Administration" Article X, "Personnel Policy Manual" is hereby amended as follows: Sec. 2-151. Personnel Policy Manualfw9loyee Handbook adopted by reference. The City Commission of the City of Boynton Beach, Florida, hereby formally adopts the Pe.rsennel PeliEy MaRualEn2ployee Handbook, and all subsequent amendments thereto, which document is designated as Exhibit "A" of Ordinance No. QR -9623- , which is incorporated herein as if set out in its entirety. Page 1054 of 1165 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance and the amendments to the Employee Handbook adopted thereby shall become effective on passage. The amendments to the Employee Handbook which constitute mandatory subjects of bargaining, if any, shall take effect when implemented through collective bargaining or waiver of bargaining. FIRST READING this 18th day of April, 2023. SECOND, FINAL READING AND PASSAGE this day of May, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 2 Page 1055 of 1165 W '0 ) N U Q N (u LI. - 0 cu U) Q N N > (Q (� D M 4.1 N U O E U O N O Q A �r�U)M �N��m�, LO c0 T T 0 LO Q T 0 LL r) Z D 0 ry CD v 2111111g�—.s 5 17 4 8, 1,2 IN H Gpf5 405 Nil i, t V, 8 1 lw Pl LO c0 T T 0 LO Q T 0 LL W } \V L =3 cu c O N co O (u N 0 0 0 E a) U co U E O(B c _O = N Q 0 O E N O W O � �^ E W o c VJ (u J m _U Wo � W (� U z (� O 4-1 o > 7 E E O O O > _0 _0 >}' E v U -0 N U X Q Q > LO c0 T T 4H 0 Q Q T 0 0) LL cn `0^ i 0 E E OW BOYNTON EMPLOYEE HANDBOOK Many of the policies contained in this manual are based on policy determinations, legal provisions, interpretations of law, and employee relations principles, all of which are subject to change. For this reason, this manual is considered to be a guideline and is subject to change with little notice. This manual does not constitute a contract ofemployment. Nothing in this manual shall be construed to constitute a contract or offer of a contract. The City has the right, at its discretion, to modify this manual at any time with or without notice. The provisions set forth in this manual are not intended to create a property right or entitlement. Nothing herein limits the City's rights to terminate employment. Page Welcome and Introduction from City Manager...................................................................... 4 CityProfile.............................................................................................................. 5 I. GENERAL PROVISIONS 01. Purpose of These Policies.........................................................................................................6 02. Organization for Personnel Administration..................................................................................6 03. Equal Employment Opportunity Statement................................................................................7 04. Code of Ethics.........................................................................................................................8 05. Anti-Harassment.....................................................................................................................8 06. Violence in the Workplace......................................................................................................10 07. Drug and Alcohol Use.............................................................................................................11 08. Americans with Disabilities Act (ADA)......................................................................................11 09. Effective Date of Policies.........................................................................................................12 II. EMPLOYMENT 01. Types of Employees...............................................................................................................12 02. Recruitment and Selection......................................................................................................12 03. Nepotism...............................................................................................................................15 04. Hours of Work........................................................................................................................15 05. Human Resources Information / Employee Files......................................................................16 06. Probationary Period................................................................................................................16 III. COMPENSATION 01. Overtime...............................................................................................................................17 02. Callback and On Call...............................................................................................................18 03. Compensatory Time...............................................................................................................18 04. Incentive Pay System.............................................................................................................19 06. Demotions/Transfers..............................................................................................................19 07. Travel....................................................................................................................................20 IV. BENEFITS 01. Legal Holidays........................................................................................................................21 02. Furlough Hours................................................................................................................................... 22 03. Vacation Leave.......................................................................................................................22 04. Sick Leave with Pay................................................................................................................22 06. Bonus Hours...........................................................................................................................24 07. Leave With Pay.......................................................................................................................25 08. Leave of Absence...................................................................................................................27 09. Family and Medical Leave Act(FMLA).....................................................................................27 10. Paid Parental Leave................................................................................................................28 11. Retirement Benefit.................................................................................................................28 V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training...................................................................................................29 02. Tuition Assistance...................................................................................................................29 City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 2 Page 1063 of 1165 19��1L•Y�II��l�ld 01. Disciplinary Actions................................................................................................................29 Misconduct...............................................................................................................................30 SeriousMisconduct...................................................................................................................31 ExtremeMisconduct..................................................................................................................32 Procedure for Disciplinary Action................................................................................................33 02. Disposition of Criminal Charges........................................................................................................36 03. Formal Grievances..................................................................................................................37 VII. RESIGNATION / TERMINATION 01. Resignation/Termination.........................................................................................................39 02. Lay Off.................................................................................................................................. 39 VIII. APPENDIX 01. DEFINITIONS..........................................................................................................................40 City of Boynton Beach Employee Handbook Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1064 of 1165 WELCOME AND INTRODUCTION FROM CITY MANAGER The City of Boynton Beach known as "America's Gateway to the Gulfstream" is a great place to live, work, raise a family and grow a business. Located in the heart of Southeast Florida, the center of Palm Beach County, our coastal community is highly personable with a big heart and plenty of opportunities. Everywhere you look, you see growth. The City of Boynton Beach is the third largest municipality in Palm Beach County, consisting of 16.5 square miles (including forur miles of the Intracoastal Waterway) . Our city has outstanding schools, superb healthcare, numerous opportunities for growth, a wide variety of shopping and dining opportunities as well as natural resource and recreation areas. We are a place where families go to raise their children or to retire. However, as we continue to grow, let's not forget the past. The City of Boynton Beach has a rich and unique history. I encourage everyone to celebrate our history and the historical landmarks that are meaningful to our great City. Historic preservation provides an opportunity to recognize the important role of history. Historic preservation is also effective for economic development, tourism promotion, growth management, neighborhood revitalization, fostering local pride, enhancing livability, and maintaining community character. I believe it is important to celebrate the history of our community as it has shaped our reality today. Excellence is a moving target, and our City Commission and Mayor are to be commended for their commitment to the betterment of our community, their courage and leadership. City staff are superb, whole-heartedly dedicated to the constituents of Boynton Beach. Theirs is a job that is not 8-5 but instead a 24-hour commitment. They excel at customer service and performing their duties at a high level. They are an extraordinary group of individuals that define what Thomas Jefferson said, "Good governing with good intentions is the hallmark of our government. Implementation with integrity should be our core passion." I am truly humbled to be a part of this team and thankful every day for their service. The safety and well-being of our constituents is always at the forefront of our activities. As our city continues to experience growth, challenges will arise and must be overcome for the growth to be productive, positive, and successful. As the City Manager, I am thankful for the constituents we serve, our small-town atmosphere, and our friendly community. I encourage you all to get out, get involved and be a part of this wonderful community. DGl�i. DuGJ�EI' City Manager City of Boynton Beach Employee Handbook 4 Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1065 of 1165 CITY PROFILE Our Future Aspiration Vision: A welcoming and progressive coastal community that celebrates culture, innovation, and business development. Our Core Purpose Mission: The City of Boynton Beach is a vibrant, and sustainable community that provides exceptional services. How We Work Values: Leadership and Service Oriented, Ethical, Vitality/Vibrant, Agile/Adaptable, Unified and Compassionate, Innovative, Creative, and Inclusive City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 Page 1066 of 1165 I. GENERAL PROVISIONS 01. Purpose of These Policies A.The Employee Handbook is a collateral document pertaining to all personnel including full-time, part-time, temporary, volunteer, and contractural services. If the bargaining agreement that covers an employee or an employee's employment letter does not address specific issues then these policies shall apply as to that issue. B. An employee who is promoted or reclassified from classifications previously covered by a bargaining unit agreement or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission. Codification The City Administration reserves the right to re -codify the Employee Handbook to facilitate its use. 02. Organization for Personnel Administration City Commission The City Commission shall: A. Have the power to approve or amend the Policies after receiving a recommendation from the City Manager. B. Have the power to appoint the City Manager. City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the Employee Handbook. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all employees. The City Manager may, in his/her discretion, delegate administrative authority to his/her designee to approve personnel actions. The City Manager may enter into letters of employment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary. C. Perform other duties and have executive power in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these City of Boynton Beach Employee Handbook Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1067 of 1165 policies. D. Appoint a Director who shall be responsible to the City Manager for the administration of the City's Human Resources programs. Human Resources Director The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination programs to source qualified applicants to meet the needs and core values of the City. C. Develop, administer and maintain job descriptions/classification specifications that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels, in the area, to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the Human Resources programs. F. In cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City's Human Resources programs. Administer the Employee Benefit Programs. J. Periodically, review the Employee Handbook and make recommendations to the City Commission through the City Manager for amendments. K. Administer the Performance Evaluation Program. 03. Equal Employment Opportunity Statement The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. It is the policy and practice of the City of Boynton Beach to treat all employees with dignity and respect and to provide equal opportunity to all persons without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, City of Boynton Beach Employee Handbook Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1068 of 1165 veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. The City's responsibility as a public agency is to ensure an on-going commitment to Equal Opportunity and making the workforce profiles more closely reflect the available labor force of the community. Equal opportunity encompasses all aspects of employment practices, including but not limited to recruiting, hiring, training, compensation, benefits, promotions, transfer, layoffs, recall from layoffs, discipline, and department -sponsored education, social, and recreational programs. It is the policy of the City of Boynton Beach government that all personnel actions and employment practices are based solely on the requirements of the position and the qualifications of the applicant without regard to race, age, color, religion, sex, pregnancy, national origin, physical or mental disability, genetic information, marital status, veteran or military status, sexual orientation, gender identity or expression, or any other category protected by applicable federal, state, or local law. In addition, the City prohibits retaliation against any individual who reports discrimination or harassment or who participates in any investigation of such reports, or who engages in any other activity protected by applicable law. This policy covers all personnel actions affecting hiring, job assignments, training, promotions, transfers, compensation, discipline, termination of employees, or any other tangible employment benefit or term or condition of employment. The City will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship or where doing so would cause a direct threat to the health or safety of the individual or others. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. If, during the course of employment, an employee sustains any type of physical or mental impairment which limits the employee's ability to perform the essential functions of his or her job, the City may require that the employee provide medical documentation regarding any such impairment and, if appropriate, identify specific accommodations which may assist the employee. The City will engage in an appropriate interactive process with the employee in determining potential accommodations when requested by the employee. All information provided regarding any impairment will be handled confidentially to the extent required by law. 04. Code of Ethics In accordance with the City of Boynton Beach current Ordinance, all City employees are subject to and must comply with the Palm Beach County Code of Ethics and City policy number 02- 002. Employees are required to complete City ethics training programs and submit a signed proof of training to Human Resources for inclusion in the employee's personnel file. 05. Anti -Harassment Pursuant to the Equal Employment Opportunity Commission (EEOC): "Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act Ammendments Act (ADAAA) passed by Congress in 1990. Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 Page 1069 of 1165 orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti -discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following: • The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. • The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. • Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti -harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation." Provisions 1. All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. 2. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive only if employees feel safe to address their concerns with the alleged perpetrator. If the behavior continues, the employee is required to immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may City of Boynton Beach Employee Handbook Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1070 of 1165 not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. 3. Employees are required to complete Preventing Harassment and Discrimination policy training on-line as directed. Procedures 1. Employees should report any harassment complaint immediately. Employees have the option of reporting the complaint as follows: a. To their supervisor or department director; and b. To the Director of Office of Internal Investigations and Accountability; 2. A written statement will be requested of the complainant. The Office of Internal Investigations and Accountability will begin coordinating and conducting the investigation process in a timely manner. 3. The Office of Internal Investigations and Accountability will provide an administrative response in to the employee filing the complaint and to the individual(s) involved in the harassment in a timely and reasonable manner. 4. Human Resources will be responsible for determining, processing and delivering corrective action, if any, to the appopriate party(ies). 5. If the City has placed the Subject on Administrative Leave and the employee still perceives the situation to be threatening, that employee may request authorization to use accrued annual leave, leave without pay or a job transfer. Approvals will be determined on a case- by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or one who does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. The Director of Human Resources shall determine the administrative operating procedures for this policy. 06. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the intent of the City to provide a workplace free from intimidation, threats, or violent acts 1. Violence, potential for violence, or the threat of violence, by or against any employee of the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicles, unless such possession or use of a weapon is a necessary and approved job requirement . 3. Any person who exhibits unusual behavior or makes threats, exhibits potential for violence City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 10 Page 1071 of 1165 or threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City employees are responsible for notifying management of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, employees should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify management of such activity will subject the employee to serious disciplinary action up to and including termination, and criminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 7. Employees are required to complete Violence in the Workplace Policy training upon employment and every even year 07. Drug and Alcohol Use The City of Boynton Beach does not tolerate any type of substance abuse including the use of illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Employees are required to comply with the terms and conditions of the City's Drug Free Workplace policy as approved in the most current City Ordinance. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (EAP) that offers short-term counseling, assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet the requirements of the Department of Transportation and the City's Drug Free Workplace Policy and the City's Safety Manual. 08. Americans with Disabilities Act as Amended (ADAA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. In compliance with the U.S. Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated the Human Resources Director as the City's ADA Coordinator for employment related purposes. It is the policy of the City to fully comply with the Americans with Disabilities Act (ADAA). City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 11 Page 1072 of 1165 Anti -Retaliation The city is prohibited from engaging in retaliation as an adverse employment action against a covered employee because he or she engaged in a protected activity. 09. Effective Date of Policies The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002, 2003, 2005, 2009 and 2011. The Employee Handbook has been updated from the Personnel Policy Manual (PPM) effective DATE, DAY, 2023. H. EMPLOYMENT 01. Types of Employees City employees are divided into three (3) groups: contract employees, regular employees and bargaining unit employees. 1. Contract Employees are senior management positions who may be hired by the City Manager by letters of employment. The letter of employment shall state salary, benefits, terms and conditions of employment and will specify which provisions of the Employee Handbook shall not apply to the employee. 2. General Employees are employees whose terms and conditions of employment are covered by the Employee Handbook. General employees are not otherwise designated as contract employees or as bargaining unit employees. 3 Bargaining Unit Employees are those employees whose positions are covered by a specific bargaining unit and whose terms and conditions of employment are covered by that agreement. 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency, vacant positions shall be filled with the most qualified candidates in the best interests of the City through recruitment, selection, promotion/demotion or hiring of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for employment. Departments do not have the authority to modify or waive the provisions of the Employee Handbook. 3. Human Resources has primary responsibility for hiring employees. All employment discussions by department representatives are to be considered non -obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 12 Page 1073 of 1165 employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. Procedures A. Applications and Interviews 1. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice on the City's website, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. Individuals desiring consideration for employment must submit an Application for Employment, to Human Resources via the City's website or any other approved method. All information provided in the Application for Employment will be subject to verification. 3. Current employees who are interested in and qualify for a posted vacancy are encouraged to apply by submitting their applications via the City's website or any other approved method. Veterans' preference will be given in compliance with current legislation. 4. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee regardless of the employee's length of service. 5. Departments should not accept applications or resumes.Applicants should be referred to the City's website or the City's Human Resources department. 6. Human Resources will accept applications for employment when a job vacancy has officially been announced through the posting of the Employment Opportunity notice on the City's website. 7. Human Resources will conduct comprehensive background checks including but not limited to verification of employment, professional references, criminal history, motor vehicle records, academic degrees, certifications, licenses, and pursuant to the Drug Free Workplace policy. If the City finds that the background check demonstrates an arrest or conviction or any other information in which the applicant or employee is unfit for the job (or unfit for employment in general), the City may not hire upon assessing the seriousness and materiality of the criminal history to the job itself. 8. Certain classifications may require meeting applicable testing requirements prior to candidates being given consideration. Human Resources will administer examinations for classifications that require tests as part of the selection process. 9. Human Resources will forward passing appicants that meet the minimum qualifications of the position to the appropriate Department Head/Department Head Designee or the hiring manager. 10. Upon receipt of applications, Human Resurces will: a. Review and evaluate all applications based on, but not limited to; minimumqualifications, knowledge, abilities, skills, education, degree requirements, experience, and certifications or licenses required in accordance with current classificationper job posting. b. Determine that the applicant pool is sufficient prior to proceeding to the interview and/or applicant testing step and prior to making a City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 13 Page 1074 of 1165 recommendation for employment. C. Prepare an interview schedule and conduct interviews with eligiblle applicants. d. Determine which candidate is most qualifiedfor further consideration and proceed with applicant testing, if applicable, or additional interviews, if necessary. e. Re -post the position if a selection cannot be made by the hiring panel. B. Conditional Offer Process 1. Following interviews, the department will notify Human Resources of their candidate selections and determined salary and provide salary justification if applicable. Human Resources will submit the application and salary for review and approval by the appropriate leadership. If approved, Human Resources will extend a conditional offer to the candidate. 2. Human Resources Department is responsible for and not limited to: a. Providing the appropriate preboarding checklists and forms to the applicant for completion. b. Review all results of verification, inclusive of, but not limited to: relative current and previous employment verifications, professional references, academic diplomas and degrees, certifications and licenses, background check, Motor Vehicle Report (MVR), drug screen results, Department of Transportation Clearinghouse results, and/or physical exam. There may be additional components in the conditional offer process, which will be outlined to the candidate when the conditional offer is extended. Please note, all information provided on the Application for Employment will be subject to verification. Based on the results reviewed during the conditional offer, Human Resources will submit the information for review with the Director of Human Resources & Risk Managerment for final approval. 3. It is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itself, the determinative or controlling factor. C. Finol Offer Acceptonce 1. Employment acceptance must be made by the applicant, within three (3) business days of the conditional offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment process. Employment Procedures shall be followed in either case. 2. Upon acceptance of a final offer, the applicant will provide their available start and Human Resources will confirm with the department D. Orientation Human Resources shall schedule and conduct a general orientation program for all new employees City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 14 Page 1075 of 1165 to explain the City's history and organization, to review City Policies including the Code of Ethics, to assist with the completion of benefit program enrollment forms, and to emphasize the use of safe work practices. New employees must provide proof of work eligibility and verification of identity to the City within three (3) business days of their first work day in accordance with the Department of Homeland Security's employment eligibility requirements. Upon hire, Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. 03. Nepotism This Section establishes the City's policy regarding nepotism, which complies with the current Palm Beach County Code of Ethics, Section 2-445, Anti -nepotism law. A. All employees who are employed in, appointed to, promoted to, or transferred to a position shall disclose at the time of the appointment, employment, promotion or transfer the name(s) of any relative(s) serving as an elected or appointed City official(s) or employee(s) then employed by the City. B. If employees become related after their appointment, employment, promotion or transfer, the affected Department Director(s) and the Human Resources Director shall resolve the matter consistent with the Palm Beach County Code of Ethics. Resolution may include transfer of one or both employees. Department policies may also apply. C. "Relative" as used herein, means a person who is related by blood, marriage or adoption, as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter—in-law, step -father, step -mother, step -son, step -daughter, step- brother, step -sister, half-brother, half-sister or domestic partner. D. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department/division, if the related City official or employee is, or would be the person's supervisor or would exercise any authority or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any authority or control over or otherwise regulate the duties and responsibilities of the related City official or employee. E. The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any provision of this Policy. 04. Hours of Work The City Manager shall establish the hours of work for all departments and employees of the City, considering the functions and operations involved. The City Manager shall establish uniform starting and ending times for supervisors and employees on all shifts pursuant to the Fair Labor Standards Act (FLSA). A. The scheduled number of work hours per week by department is normally 40 hours; however, weekly hours for specific job classifications may vary as determined in accordance with each department's needs and operations. The individual Department Director establishes the work start times and stop times. B. The workweek for payroll purposes is Monday to Sunday and is used for calculating overtime. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 15 Page 1076 of 1165 05. Human Resources Information / Employee Files The official personnel file of each employee is electronically maintained by the Human Resources Department. All documents in the file, with certain exceptions, are subject to the Florida Public Records Statute 119.07 that requires information in the file be made available for review upon request. Any record related to an employee that is maintained by the Ctiy will be made available if requested. Human Resources will review the file and make any required redactions based on exemption(s). Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are the following as a non -exhaustive list: ■ Social Security Number ■ Medical information ■ Benefit Information ■ Banking Information ■ Home Address and telephone number of employees designated in F.S. 119.07 o Spouse's work and children's school addresses and telephone numbers of these employees When there is a request to review an employee's personnel file, the employee must be notified in writing within ten (10 days) (E-mail is acceptable notification). Employees must initiate an employee online process, within ten (10) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. 06. Probationary Period The probationary period is regarded as an integral part of the placement process. It permits careful observation of the employee's performance to either provide an effective adjustment of the new employee to the position or to terminate an employee whose performance has not met the required work standards. An initial six (6) month probationary period shall begin immediately upon hire of all employees (regardless of employment status). Probationary periods may be extended upon recommendation from Department Director through the Human Resources Director and City Manager. All Probationary employees: • Have no property entitlements to their positions. • Shall be subject to termination without cause, after review by the Human Resources Department and City Manager. • Have no right to appeal or grieve any type of employment action. Change in Position: The following position changes will result in a probationary period of six(6) months from the effective date; • Transfer • Promotion City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 16 Page 1077 of 1165 • Demotion The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. Exceptions to this policy may occur if there is a departmental restructuring that results in an involuntary demotion for one or more employees. III. COMPENSATION 01. Overtime The City has the right to assign work and overtime. Overtime will not be granted for less than a fifteen (15) minute period. In calculating eligible overtime compensation, only actual hours worked shall be counted. No employee may work overtime without prior approval by their supervisor and Department Director. Failure to obtain this authorization can result in disciplinary action, up to and including termination of employment. Scheduling Department Directors are responsible for scheduling the work in their departments in order to be fiscally responsible. All overtime designated by the department supervisor or Department Director is approved overtime within budgetary limitations. NON-EXEMPT EMPLOYEES Unless otherwise specified in the applicable collective bargaining agreement, overtime is paid to non- exempt employees at one and one-half (11/2) times the hourly rate for all hours worked in excess of forty (40) hours per week. Non -Exempt employees are prohibited from working "off the clock" and must report all time worked. Supervisors and managers are prohibited from allowing employees to work "off the clock." It is a serious violation of City policy to falsify or alter actual time worked by an employee. SALARIED (EXEMPT) EMPLOYEES Exempt employees are paid a salary that is designed to cover all hours worked in any given workweek, including those hours worked in excess of forty (40) hours. Salaried employees are not authorized overtime compensation because the predetermined salary covers all hours worked. The salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work performed, subject to certain statutory exceptions. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. City of Boynton Beach Employee Handbook 17 Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1078 of 1165 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work, at the request of a Department Director or his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not overtime or holiday if work is scheduled in advance and a regularly recurring call to duty. Any employee who has physically left work (clocked out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an unscheduled or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. On Call To provide for after -hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one-half for time and one-half). Compensatory time can be earned, accumulated, and used, with the Department Director's approval or direction, in accordance with the Fair Labor Standards Act. Compensatory time will be accrued and used at the same rate the overtime rate would be paid. Employees may accumulate a maximum of eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Requests to use compensatory time shall be reviewed on a first come, first served basis, and approved based on the operational needs of the department for the time period requested, as determined by the Department Director or designee, so that department's operations are not unduly disrupted by the use of compensatory time. Unduly is defined as imposing an unreasonable burden on the department's ability to provide service of acceptable quality and quantity to the public without the use of the employee's services. However, employees who request the use of compensatory time shall be permitted to use such time within a reasonable period after making the request, which shall be determined by the facts and circumstances of each case. If the City is unable to grant a request for compensatory time off within that time frame, the employee may elect to be paid for the amount City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 18 Page 1079 of 1165 of compensatory time requested. Compensatory time may be taken as earned subject to the approval of the Department Head/Designee who shall schedule the time off to meet the operating requirements of the Department. If an employee's collective bargaining agreement addresses this issue, the contract language will be followed. 04. Incentive Pay System Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive Pay System during any fiscal year by memorandum to the City Comission. The City of Boynton Beach has established the Incentive Pay System to motivate and reward individuals or groups of employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and identify individual ability for assuming more responsibility. All employees should be continually working towards the values, goals, and objectives of the City. Incentive payments will be considered for the following type of activities (although they are not limited to just these types of activities): ■ Customer service improvements. ■ Cost efficiencies (savings). ■ Improvements in operations. ■ Productivity enhancements. ■ Expanding hours of operations. ■ Doing work in-house rather than engaging a consultant. Incentive pay and bonuses will not be included in the employee's base pay and may not be carried forward in subsequent years in accordance with See Florida Statute 166.021(7). 05. Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary period, are eligible for this program per the City Manager's discretion. 06. Demotions/Transfers Demotions A demotion occurs when an employee leaves one position and moves to a position with a lower classification and position grade. For example, when a position is vacant and through the internal City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 19 Page 1080 of 1165 job posting process an employee applies for the position and is selected to fill the position, if the vacant position is a lower classification and position grade than the employee's current position, then this is considered to be a demotion. Demotions generally result in a decrease in salary which must be approved by the Human Resources Director and with final approval from the City Manager. Transfer of an employee from a higher graded position to a lower graded position may be initiated due to any of the following reasons: • The City demoting an employee as part of a departmental restructuring; • Realignment of responsibilities for failing to meet standards of performance; • The inefficiency or ineffectiveness of an employee in the performance of assigned duties; • The failure of an employee to comply with employment conditions such as licensure or certification; • The employee requesting a voluntary demotion to a lower graded position; • Any other valid reason for a demotion which is not stated herein. All demoted employees will have a six (6) month probationary period. See Section II Employment, 06 Probationary Period for guidelines regarding probationary employees. Transfers A transfer occurs when an employee changes job within the same position grade but to a different or same job title, and without a change in salary. This may occur when an employee applies for a vacant position and is selected to fill the position that has the same position grade or title as the employee's current position. The City retains the exclusive right to transfer employees from one location to another, one shift to another, or from one starting time to another. • Employees transferring from one position to another in the same pay grade, whether in the same or in a different department will maintain the same pay rate. • All transferred employees will have a six (6) month probationary period. c See Section II Employment, 06 "Probationary Period" for guidelines regarding probationary employees. 07. Travel This policy applies to all departments budgeting travel expenses and to all employees and authorized persons incurring and requesting reimbursement of travel expenses. Regular full-time employees may attend conferences, conventions, training programs or other meetings if such attendance is in connection with the employee's official duties. In all cases the best interest of the City shall prevail in granting time off from work. The Department Directors shall approve the time off and shall notify the City Manager. The City Manager or designee, in their sole discretion, may authorize travel time and/or expenses necessary to attend such meetings. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 20 Page 1081 of 1165 1. Attendance at selected professional association meetings, technical training courses, and business meetings provide a benefit to the City and its taxpayers through an increased awareness of technical and administrative developments. 2. The traveler and the approving authority must keep all associated expenses to a minimum. 3. Travel must be authorized well in advance as last minute arrangements and changes can be costly. 4. Travel expense reimbursements will be made within limitations of this policy. The complete policy is administered by the Financial Services Department. IV. BENEFITS 01. Legal Holidays Unless required to be on regular duty, legal holidays to be observed by the City's employees are: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Non-exempt (hourly) employees must work their regularly scheduled workday immediately before and after the holiday in order to receive pay for the holiday, or be in an authorized paid status immediately before and after the holiday. Part-time, temporary, and emergency appointed employees are not eligible for holidays pay. Full time employees shall be compensated for City observed holidays as follows: • When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours of holiday pay at his/her straight time pay rate. • When an observed holiday falls on an employee's non-scheduled work day it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. • Employees on vacation, annual military leave, jury duty, sick leave, compassionate leave, or any other absence, but in an active pay status on the day the holiday is observed shall use the holiday on the same day that it is earned. • Holidays that occur during vacation leave shall not be charged against such vacation leave. • If an employee's collective bargaining agreement addresses City observed holidays, the contract language will be followed. Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be specifically designated from time -to -time by the City Manager and approved by the City Commission. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 21 Page 1082 of 1165 02. Furlough Hours Furlough leave is the placement of an employee in a temporary non -duty, non -paid status for budgetary related reasons. The implementation of furloughs is a policy decision reserved to the City Commission. The City Manager shall have the authority to exempt certain employees from furloughs during periods of declared emergencies. 03. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the schedule outlined below. The number of hours credited per year will not increase after the 21st year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees may use vacation hours as accrued and approved. Employees, who end their employment with the City within the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. VACATION ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 80 2 - 3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16 — 20 Years 192 21 years and after 200 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years. Vacation leave accrued during October 1 — September 30 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that October 1 — September 30 will be forfeited as of September 30 of that fiscal year. However, employees who have been denied vacation shall have the excess vacation hours paid to them at their regular straight time rate of pay in the last pay check of the fiscal year. Employees who were covered by the vacation accrual and sick leave payout policies in effect prior to 1991 will continue to be covered by those schedules. Exempt employees shall accrue vacation hours in accordance with the Management Package and/or their Employment Letter. 04. Sick Leave with Pay City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 22 Page 1083 of 1165 Sick leave with pay shall be granted to contract and general full time employees, including employees serving a probationary period, at the rate of eight (8) hours for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick leave in accordance with their collective bargaining agreement. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of: personal sickness, including mental health, disability, legal quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be taken for general and contract employees for the illness of an immediate family member (spouse, child, parent). In the case of a serious medical condition within the family, an employee may take additional accrual time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a qualifing event for FMLA leave, additional time may only be taken if a medical letter is provided by the treating physician and submitted to the Human Resources Director. The Human Resources Director shall notify the Deparment Director and City Manager of the time needed for absence. In this scenerio it may be extended to forty (40) hours for a total of eighty (80) hours. Family sick leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted if it falls on regular days off or on a holiday. In order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor or supervisor's designee at least one (1) hour before the beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non -elective, necessary medical procedures. C. Complete a sick leave request following departmental procedures. D. For absences of more than three (3) consecutive workdays, sick leave must be documented by a medical note completed by the treating physician explaining the absence and/or inability to work. In the case of extended absences, four (4) days or more, it is the duty of the employee to contact his/her Supervisor or Department Manager on a weekly basis until he/she is cleared for return to work. The City reserves the right to require an interim medical note completed by the treating physican/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave for ninety (90) days and a doctor's certificate will be required for any sick leave related absence. If there is a violation of the restricted sick leave policy, or additional incidents of absences, progressive discipline shall be applied and the employee will be placed on another ninety (90) day period of restrictive sick leave beginning on the date of the policy violation). F. No sick leave will accrue for any week in which the employee is not in a paid status for twenty-four (24) or more hours. G. In computing sick leave taken, all employees shall be charged one (1) hour sick leave for each hour not worked because of illness. H. General employees who have exhausted their accumulated sick leave and are still unable to return to work may draw against their vacation leave account. Bargaining Unit employees City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 23 Page 1084 of 1165 will follow their respective collective bargaining agreement. I. Claiming sick leave when physically and/or mentally fit shall be cause for progressive disciplinary action, which may include the recommendation of termination of employment. J. All general employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below for the total number of hours accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years 0% More than 5 full years, but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 05. Emergency Cash -In of Vacation and/or Sick Leave Time Employees faced with sudden extraordinary circumstances of hardship who have accrued vacation leave hours are eligible to request emergency cash in lieu of vacation. If approved, employees may convert up to one hundred and twenty (120) hours to cash (less applicable deductions) provided they have forty (40) hours remaining in their vacation leave bank after the cash -in. Conversions must be done in increments of eight (8) hours. Employees who do not have enough vacation leave hours may consider including sick leave hours. Sick leave hours cash -in will be calculated at fifty percent (50%) of the employee's hourly rate. The total of vacation and sick leave hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. Payment for sick leave hours may only be granted provided that they have eighty (80) hours remaining in their sick leave bank. A request must be made in Neogov eForms outlining the emergency, including supporting documentation. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once each fiscal year. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. 06. Bonus Hours This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. Accrual A. General/full-time employees are covered by this policy are eligible to receive eight (8) bonus hours for continuous attendance at work at the completion of each calendar quarter that the City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 24 Page 1085 of 1165 employee has not used sick time, FMLA leave timecoded as sick time, or family sick during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bargaining Unit employees will follow their respective collective bargaining agreement. B. Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation leave. 07. Leave With Pay Jury Duty/Witness Fees: In order to receive pay for jury duty supporting documentation must be submitted to payroll within two (2) weeks of the date the jury duty was served. If the appropriate documentation is not received, time away from the office will be charged as vacation leave. If no vacation leave is available employee will be coded as excused absence without pay. Leave with pay may be authorized in order that general employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive his/her regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those hours that coincide with his/her regular workhours, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. All pay granted under this section must be approved by the Department Director. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to a leave of absence granted as a matter of legal right under the provisions of Florida Statute 115.07 not to exceed 240 working hours per fiscal year in order that these employees may fulfill their military obligations. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 25 Page 1086 of 1165 to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility. Workers' Compensation: Whenever an employee is unable to work in their position for a period of no more than seven (7) calendar days because of a workplace injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the employee is unable to work for a period that is greater than seven (7) calendar days, the employee will be eligible to receive compensation up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay up to three (3) months. In no case will the salary supplement be extended beyond the three (3) months from the date of injury, unless approved by the Human Resources Director. At the end of the three (3) months, or sooner, the Risk Manager will review the medical note from the employee's authorized workers' compensation treating physician for a determination of pay status. If the authorized medical note justifies temporary total disability, the supplement continuation will be granted. If the continuation of the salary supplement is granted, it shall continue at the same rate as defined above for up to an additional three (3) months. In no case will the salary supplement be extended beyond six (6) calendar months from the date on which the salary supplement began. After three (3) months from the date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the Risk Manager and Payroll to qualify for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan he/she is a member of, or the insurance plan he/she is covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere during this period, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to termination. Anti -Retaliation: The City may not terminate or threaten to terminate, "intimidate or coerce" employees who City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 INN Page 1087 of 1165 have filed a valid claim or attempt to file for Worker's Compensation benefits. See Florida's Workers Compensation Law specifically Section 440.205, Florida Statutes. Compassionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, domestic partner, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a general employee, the employee shall be entitled to paid compassionate leave not to exceed twenty-four (24) hours for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, forty (40) consecutive work hours shall be allowed. In order to receive pay for compassionate leave, employees must submit proof of death to payroll within two (2) weeks of the date they returned from compassionate leave. If the appropriate documentation is not received, time away from the office will be charged as vacation leave, until such time that the appropriate documents are submitted to payroll. If no vacation leave is available, employee will be coded as excused absence without pay. The City Manager may grant additional leave under this section when he/she deems it appropriate. Bargaining Unit employees will follow their respective collective bargaining agreement. 08. Leave of Absence A general employee may be granted leave of absence without pay for a period not to exceed six -(6) months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the City. Requests must be in writing. A leave of absence without pay of up to thirty (30) calendar days can be approved by the employee's Department Director and the Human Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved by the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding thirty (30) days Employees who are in a personal disability status and not working will have their positions held for a maximum of six (6) months from the date of injury or illness. Employees may request sick leave, vacation leave or an unpaid leave of absence for time away from the job. 09. Family and Medical Leave Act (FMLA) Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 CFR Part 825, as amended January 16, 2009). Eligible employees are entitled to take leave from work for qualified reasons pursuant to the Federal City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 27 Page 1088 of 1165 Regulations of the Family and Medical Leave Act (FMLA). Human Resources will provide employees with information on FMLA and the required forms, when needed. Employees granted leave under FMLA are required to use accrued compensatory time, sick leave, and vacation (in this order)while on FMLA. The accrued paid leave used will be considered FMLA- protected leave and counted against the FMLA leave entitlement. Accrued sick leave used while on FMLA leave will be counted against bonus hours eligibility. When medically necessary, an employee may take leave intermittently or on a reduced leave schedule for his/her own serious health condition or that of a family member. Intermittent or a reduced leave schedule is not available for the birth and care or placement of a child. Employees on FMLA who have exhausted their sick and vacation accruals may be eligible for donated leave time from City employees per their respective department and if they did not utilize Short Term Disability (STD) For more information related to FMLA employees may contact Human Resources by phone or email at FMLA@bbfl.us. Anti -Retaliation: The City is prohibited from retaliating against covered employees under FMLA by preventing the employee's exercise of, or even employee's attempt to exercise, their FMLA right. The City is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right. The City cannot discharge or in any other way discriminate against any person, whether or not an employee, for complaining about any unlawful practice under the FMLA. The City is prohibited from firing or in any other way discriminating against any person, whether or not an employee, because that individual has: • Submitted a FMLA-related charge or complaint; • Provided, or is about to provide, any information related to the inquiry or proceeding relating to any right under the FMLA; or • Testified, or is about to testify, in any FMLA-related inquiry or proceeding 10. Paid Parental Leave An employee who has worked for the City for at least twelve (12) months and who has worked at least one thousand two hundred fifty (1,250) hours in the preceding twelve (12) months is eligible to request Paid Parental Leave. The employee shall be granted up to four (4) weeks of Paid Parental Leave pursuant to the City's policy. Requests for leave under Paid Parental Leave must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under Paid Parental Leave are approved by the Director of Human Resources and Risk Management and the City Manager or their designee. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 28 Page 1089 of 1165 For more information regarding Paid Parental Leave, contact the Human Resources and Risk Management Department. 11. Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. V. PROFESSIONAL DEVELOPMENT 01. Professional Career Training Any employee may be afforded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (See Section IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1), full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires it. 02. Tuition Assistance Employees who are eligible to participate in this program are full time, non -probationary, unrepresented (General) employees and full-time, non -probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. Employees must refer to the Tuition Assistance Policy No. 05-003 for more information pertaining to the tuition Assistance. All forms needed to enroll and apply for assistance can be found on Neogov in eForm. VI. DISCIPLINE Verbal Coaching or other instructive verbal communications will not consitute discipline. Verbal Coaching or other instructive verbal communication may be used to establish that an employee knew or should have know that the performance, work habits, or behavior was not appropriate. 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 29 Page 1090 of 1165 The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including termination can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, termination may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 1. Counseling and written notices should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged, when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Misconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: 1St Infraction —Written Counseling 2nd Infraction — Written Notice 3'd Infraction — Suspension Without Pay or Termination Examples of Misconduct include, but are not limited to: ■ Conduct unbecoming of a City employee ■ Abuse of sick leave privileges, sick leave policy or excessive absenteeism ■ Failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change ■ Failure to report any outside employment ■ Poor quality of work ■ Failure to provide name and official title to any person requesting same when performing work related duties ■ Abuse of personal privileges, including the extension of lunch or break periods City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 30 Page 1091 of 1165 ■ Abuse of attendance policy, including late for work without reason. ■ Smoking in prohibited areas ■ Unauthorized solicitation, posting of material, or non-productive behavior ■ Loitering ■ Inattention to job duties ■ Careless use of vehicles or equipment ■ Failure to use all safety restraints when riding in or operating a City vehicle ■ Failure to wear and/or use prescribed uniforms or equipment. ■ Disregard of safe work procedures NOTE: All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1St and 2nd infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3r6 infraction will normally result in termination. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plan The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90 -day evaluation period or face terminsation. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: 1St Occurrence - Written Notice or Suspension Without Pay 2nd Occurrence - Suspension Without Pay or Termination 3rd Occurrence - Termination Examples of Serious Misconduct include, but are not limited to: ■ Inappropriate use of City resources, time or equipment ■ Inappropriate or disorderly conduct Making offensive remarks; use of abusive, profane or sexually graphic language • Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status Sleeping on the job Absent without calling in to the department within thirty (30) minutes before shift start time Disrupting or hindering departmental operations City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 31 Page 1092 of 1165 • Outside employment which conflicts, interferes or otherwise hampers the performance of the employee in the City job. • Inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. • Refusal to perform assigned duties and responsibilities. NOTE: All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Written Notice for Serious Misconduct, they are ineligible to receive a salary increase (including lump sum payments), promotion, or to apply for jobs within the City for a period of six (6) months or based on respective Department Director's discretion. Serious Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Bargaining Unit employees will follow their respective collective bargaining agreement. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate termination without prior warning. The discipline for Extreme Misconduct is normally: 1st Occurrence - Suspension Without Pay or Termination 2"d Occurrence - Termination Examples of Extreme Misconduct include (but are not limited to): ■ Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor ■ Supervisor's failure to report an employee's on the job injury to Risk Management within 24 hours and/or completion of necessary documentation ■ Violent acts or threats of violence ■ Operating a City vehicle or equipment without a required and valid driver's license ■ Job Abandonment ■ Insubordination ■ Possession of a firearm or concealed weapon on City property or while performing official City duties, (excluding law enforcement officers) ■ Gambling during work hours ■ Suspension or revocation of any required job-related licenses or certifications. ■ Disruption of the workplace ■ Willful spoilage, destruction or waste of City property or resources ■ Unauthorized personal use of City equipment or funds City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 32 Page 1093 of 1165 ■ Conducting personal and/or private business on City time; improper use of City time for such activity • Violation of City security regulations and policies ■ Theft or removal of City property without proper authorization ■ Falsifying documentation ■ Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statutes ■ Giving false information, or failure to fully cooperate or provide full, truthful information in City initiated investigations ■ Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test ■ Possession or use of alcohol while on duty; or reporting to work under the influence ■ Refusal to submit to a City required drug or alcohol test ■ Falsifying or attempting to falsify a City -ordered drug test Violation of the City's Harassment policy ■ Conviction of a felony (including non -work related) ■ Unauthorized disclosure of confidential information ■ Refusal to participate, if offered, in a drug/alcohol rehabilitation program ■ Abuse of other department procedures and work rules ■ Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone ■ Falsifying employment application or concealing information during pre-employment screening or processing Procedure for Disciplinary Action 1. When immediate supervisors become aware of evidence of the need for employee discipline, they become responsible and shall investigate the circumstances of the misconduct or lack of performance prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The Director of Office of Internal Investigations and Accountability will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. a. Administrative Review: Investigations of non -criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Director of the Office of Internal Investigations and Accountability, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources will review the information to determine the level of discipline to be issued.Administrative investigations shall be conducted expeditiously. Verbal counseling and written counseling will not be subject to administrative review by Human Resources. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 33 Page 1094 of 1165 b. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. 2. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. 3. A recommendation for disciplinary action by the Human Resources Director or designee may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. Types of Disciplinary Action: 1. Written Counseling - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Written Counseling serves as a warning against further repetition of employee behavior. Further violations will result in discipline up to and including termination. Written Counseling doucmentation must be completed by the supervisor and reviewed by Human Resources before issuing to the employee. The supervisor will present the documentation to the employee and employee is required to sign the Written Counseling Documentation acknowleding that he/she has read and discussed the contents with the supervisor. The signed Written Counseling Documentation must be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. Written Notice - Consists of an immediate supervisor issuing a written notice to improve performance, work habits or behavior. A written notice should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which requires improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written notices shall be signed by the employee to acknowledge receipt and forwarded to the immediate Supervisor and the management witness and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The employee signature does not constitute agreement with the contents. Employees may submit comments for inclusion in the record. The employee may be required to complete a Performance Improvement Plan for correction of the behavior. 3. Suspension Without Pay - Consists of an employee being prohibited from returning to work until his/her specified period of suspension has passed. Suspensions without pay shall be used City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 34 Page 1095 of 1165 when an employee is removed from the job due to misconduct or unlawful behavior, or when instances, of progressive discipline, support a suspension without pay for a specified period of time. a. With the written authorization of the Department Director,Human Resources, and the City Manager or designee, immediate supervisors have the authority to issue a suspension without pay for two (2) working days or less. b. All other suspensions without pay beyond two (2) working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. c. Employees being suspended without pay shall be notified in writing by department leadership and/or human resources . The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. d. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. 4. Termination - Termination is a result of an employee's involuntary dismissal which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with his/her chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. The employee may submit comments for inclusion in his/her Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 35 Page 1096 of 1165 At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. Right to Predetermination Hearing Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The predetermination hearing shall be conducted by the Human Resources Director and the City Manager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his/her choice. Prior to or at the inception of the hearing, the City shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and, at the same time, establish the suspension or termination date(s) if appropriate. Information gathered before, during and after a pre -determination conference constitutes part of the City's investigation or an act of admission that can result in discipline. Employee Appeals 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of written notice and suspensions of two (2) workdays or less with or without pay, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to appeal to the City Manager suspensions without pay greater than two (2) workdays or termination, by requesting a final review by the City Manager within ten (10) business days of the employee's receipt of formal notification of recommended suspension or termination. The decision of the City Manager shall be final. 02. Disposition of Criminal Charges When a City employee is arrested and charged with a felony offense, the employee shall be placed on administrative leave without pay until final disposition of the criminal charges. An employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be terminated from his/her employment with the City. An employee placed on administrative leave without pay, under these circumstances, may use accrued vacation and accrued sick time during the leave period. If found innocent or if the State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 36 Page 1097 of 1165 03. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal promptly with any that may arise. Counseling documents and Performance Evaluations cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances will be handled and transmitted through supervisors in the following order, according to the department's chain of command: ■ Immediate Supervisor ■ Department Director ■ Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is right rather than who is right. This process should be considered a "last resort" alternative to resolving conflicts of compensation, benefits or working conditions as identified in this document. Free discussion between employees and supervisors will lead to better understanding of practices, policies and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the City. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. Time limits have been established in the interest of prompt adjustment of grievances. They may be extended within reason through the written mutual consent of both parties involved. It is the spirit of this procedure that all grievances be settled quickly and fairly without any subsequent discrimination against an employee who may seek to adjust a grievance, real or imagined and without any recrimination on the part of the employee with regard to his/her superiors. VII. RESIGNATION / TERMINATION 01. RESIGNATION Resignation is the separation of an employee from the City service through the submittal of a written notice expressing a desire to resign. The employee wishing to leave the City service in good standing shall notify his immediate supervisor at least two (2) weeks before leaving, stating the date the resignation is to be effective and the reason for leaving. The City reserves the right to accept the resignation on the day it is submitted if deemed appropriate by the Department Director. Employees on employment letters shall provide thirty (30) days' notice. Failure to provide sufficient notice may be cause for denying such employee re-employment by the City. Department Heads shall immediately forward the notice of resignation to Human Resources so that an a -form can be completed and the separation process can begin. Resignation includes those employees who do not retire under the City's General Retirement Fund City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 37 Page 1098 of 1165 or the Fire and Police Retirement Fund, but who do retire under either the 401(a) or 457 plans. Employees who terminate from City employment shall not be eligible for reemployment with the City for six (6) months following their date of termination, unless approved by the City Manager. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. RETIREMENT Certain City employees are eligible to join the applicable Retirement Plan. Details of said plan are contained in the City General Retirement Fund and City Fire and Police Retirement Fund Ordinances. Retirement occurs under the terms of each plan. DISABILITY An employee may be separated for disability when the employee cannot perform the essential functions of the job with or without a reasonable accommodation because of a physical or mental impairment and an alternate existing and vacant position for which the employee is qualified is not available. In all cases, such separations shall be supported by medical evidence acceptable to the City Manager. The City may require examinations at its expense to be performed by health care providers of its choice. Such examinations may include physical and or medical evaluations, as well as the completion of current medical history reports. An employee's application for benefits under the Long Term Disability policy and approval for such benefits constitutes an inability to perform the essential functions of the position with or without reasonable accommodation and shall result in termination of employment. Employees unable to return to work from workers' compensation leave within six (6) months will be separated from employment where an alternate existing and vacant position for which the employee is qualified is not available. DEATH Separations shall be effective as of the date of death. All compensation due to the employee as of the effective date of separation shall be paid in accordance with Florida Statute 222.15 (1) to the surviving spouse, if any. If there is no spouse, to the children over the age of 18. If there are no such children, to the mother or father. If there are no such relatives as stated, the City will accept letters of administration issued by the probate judge to determine the proper payee. Department Heads shall forward the notice of resignation to Human Resources so that an Employee Activity Report (EAR) can be completed immediately upon receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a period of three (3) consecutive working days is considered job abandomnent and will be treated as a resignation with no appeal rights. Termination or Severance Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein, however, some individual letters of employment may include City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 38 Page 1099 of 1165 severance pay provisions. 02. Lay Off Employees selected for lay off will be at the City Manager's discretion in consultation with the department head and the Human Resources Department. By the direction and authority of the City Manager, an employee or employees may be laid off when deemed necessary by reason of shortage of funds, lack of work, the elimination of the position, or other material changes in the duties or organization, or for related reasons which are outside the employee's control and which do not reflect discredit upon the service of employees. The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate classifications. City of Boynton Beach Employee Handbook 39 Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1100 of 1165 VIII. APPENDIX 01. DEFINITIONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The disciplinary actions which qualify for Administrative Review include, reprimands, suspensions with pay, demotions, and suspension without pay of two (2) workdays or less ALLOCATE the act of assigning each position to its proper class. ANNIVERSARY DATE an employee's date of hire or re -hire, whichever is later. APPEAL a request for an administrative review by the Human Resources Director or a final review by the City Manager, depending upon the severity of discipline. CERTIFY the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS a position or group of positions which have similar duties and responsibilities, require similar qualifications, can be properly designated by a title, indicative of the nature of work, and are assigned to the same pay range. COMPENSATORY TIME time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA CONTINUOUS SERVICE employment which is uninterrupted. CONTRACT EMPLOYEE an employee hired by direct Letter of Employment from the City Manager. DEMOTION the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE a person who has been found qualified for appointment to a position in a particular classification. EEOC the Equal Employment Opportunity Commission. EXAMINATION any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions; such as,evaluations of training and experience, performance tests, oral interview, written tests, and previous performance evaluations. FULL-TIME EMPLOYEE an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. JOB TITLE a definite descriptive designation for a job classification. LAY OFF the dismissal from employment because of shortage of work or funds, the abolishment of City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 40 Page 1101 of 1165 a position, consolidation of departments or divisions, privatization, reclassification or reorganization. OVERTIME PAY pay for non-exempt employees who are authorized and directed to work in excess of 40 hours in a seven (7) day workweek. PAY RANGE a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE an employee who is scheduled to work less than 36 hours per week. POSITION a group of duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. PROBATIONARY EMPLOYEES any employee who is currently serving in a new position either by appointment, promotion, demotion, or reclassification, and has not completed his/her probationary period. PROBATIONARY PERIOD a period of twelve (12) months for any newly hired employee. If a new hire employee fails to meet standards during the probationary period, he/she is subject to discharge, demotion, or suspension without warning or statement of cause. Promoted, demoted or transferred employees have a six (6) month probationary period. PROMOTION the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR STATUS an employee who has completed a probationary period. New hires are considered probationary and cannot move to another postion until their twelve (12) month probationaly period is completed. SUSPENSION the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION all positions that are not designated regular. TERMINATION the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE an employee whose position is covered by a collective bargaining agreement and who has terms and conditions of their employment covered by that agreement. VACANCY a position existing or newly created, which is not occupied. City of Boynton Beach Employee Handbook 41 Effective Date: 03/01/1998 Last Revised: 01/06/2023 Page 1102 of 1165 City of Boynton Beach Effective Date: 03/01/1998 Employee Handbook Last Revised: 01/06/2023 42 Page 1103 of 1165 PERSONNEL POLICY MANUAL CITY OF BOYNTON BEACH IMPORTANT NOTICE Many of the policies contained in this manual are based on policy determinations, legal provisions, interpretations of law, and employee relations principles, all of which are subject to change. For this reason, this manual is considered to be a guideline and is subject to change with little notice. This manual does not constitute a contract of employment. Nothing in this manual shall be construed to constitute a contract or offer of a contract. The City has the right, at its discretion, to modify this manual at any time with or without notice. The provisions set forth in this manual are not intended to create a property right or entitlement. Nothing herein limits the City's rights to terminate employment. Page 1104 of 1165 1 01. TABLE OF CONTENTS 15 2 Recruitment and Selection......................................................................................................10 Callback and On Call...............................................................................................................14 Page 3 I. GENERAL PROVISIONS.................................................................................................. 5 4 01. Purpose of These Policies..........................................................................................................5 18 5 02. Organization for Personnel Administration..................................................................................5 19 6 03. Equal Employment Opportunity Statement.................................................................................6 7 04. Code of Ethics..........................................................................................................................6 8 05. Harassment.........................................................................................................................................7 9 06. Violence in the Workplace.........................................................................................................8 10 07. Drug and Alcohol Use...............................................................................................................9 11 08. Americans with Disabilities Act (ADA)........................................................................................9 12 09. Effective Date of Policies...........................................................................................................9 13 II. EMPLOYMENT..................................................................................................................9 14 01. Types of Employees....................................................................................................................9 15 02. Recruitment and Selection......................................................................................................10 Callback and On Call...............................................................................................................14 16 03. Employment of Relatives.........................................................................................................12 Compensatory Time................................................................................................................15 17 04. Hours of Work........................................................................................................................13 Incentive Pay System.............................................................................................................15 18 05. Human Resources Information / Employee Files.......................................................................13 Bonus Awards.......................................................................................................................16 19 06. Probationary Period................................................................................................................13 Demotions / Transfers............................................................................................................16 f►Zi>�II1WK0]ul»►6y_11to] ► �I 21 01. Overtime...............................................................................................................................14 22 02. Callback and On Call...............................................................................................................14 23 03. Compensatory Time................................................................................................................15 24 04. Incentive Pay System.............................................................................................................15 25 05. Bonus Awards.......................................................................................................................16 26 06. Demotions / Transfers............................................................................................................16 27 07. Travel....................................................................................................................................17 28 08. Disability / Leave Without Pay.................................................................................................23 f:��l►��:3�►1��rt� �i 30 01. Legal Holidays........................................................................................................................17 31 02. Furlough Hours..........................................................................................................................18 32 03. Vacation Leave.......................................................................................................................18 33 04. Sick Leave with Pay................................................................................................................19 34 05. Emergency Cash -In of Vacation and / or Sick Leave Time.............................................................20 35 06. Bonus Hours..........................................................................................................................20 36 07. Leave With Pay......................................................................................................................21 37 08. Disability / Leave Without Pay.................................................................................................23 38 09. Family and Medical Leave Act..................................................................................................23 39 10. Retirement Benefit.................................................................................................................23 40 V. PROFESSIONAL DEVELOPMENT....................................................................................24 41 01. In -Service Training.................................................................................................................24 42 02. Tuition Assistance...................................................................................................................24 43 VI. DISCIPLINE................................................................................................................24 44 01. Disciplinary Actions.................................................................................................................24 45 Misconduct.............................................................................................................................25 46 Serious Misconduct.................................................................................................................26 47 Extreme Misconduct................................................................................................................27 48 Procedure for Disciplinary Action..............................................................................................28 49 02. Disposition of Criminal Charges.................................................................................................31 City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 3 Last Revised May 2011 Page 1105 of 1165 1 2 3 4 5 6 7 8 03. Formal Grievances..................................................................................................................31 VII. RESIGNATION / TERMINATION..................................................................................32 01. Resignation/Termination.........................................................................................................32 02. Lay-Off..................................................................................................................................32 VIII. APPENDIX...............................................................................................................33 01. DEFINITIONS..........................................................................................................................33 City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 4 Last Revised May 2011 Page 1106 of 1165 2 I. GENERAL PROVISIONS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 46 47 48 49 50 51 52 01. Purpose of These Policies These policies are to provide guidance for the administration of the City's Personnel program. A.These policies shall apply to all classifications, unless a classification is covered by a collective bargaining agreement or an appointment letter. If the bargaining agreement that covers an employee or an employee's appointment letter does not address specific issues then these policies shall apply as to that issue. B. An employee who is promoted or reclassified from classifications previously covered by a bargaining unit agreement or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. In the event of any conflict between these rules and any other existing policies, rules or regulations which are in conflict with these policies, these policies shall prevail. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission., Codification The City Ad m in istration reserves the right to re -codify the Personnel Policy Manual to facilitate its use. 02. Organization for Personnel Administration City Commission: The City Commission shall: A. Have the power to approve or amend the Policies after receiving a recommendation from the City Manager. B. Ratify letters of appointment when required by the City Charter. City Manager The City Manager shall: A. Be responsible to the City Commission for the administration of the personnel system. B. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant City Manager to approve personnel actions. The City Manager may enter into letters of appointment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the City Commission is not required unless City of Boynton Beach Effective Date: 03/01/1998 5 Personnel Policy Manual Last Revised May 2011 Page 1107 of 1165 3 4 9 7 8 9 10 1111 113 15 1176 18 1199 21 22 25 �7 2288 30 3311 33 34 335 39 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 otherwise required by the City Charter. C. Perform other duties and have and exercise other powers in personnel administration as is vested in the City Manager by the provisions of the City Charter, applicable law and these policies. D. Appoint a Human Resources Director who shall be responsible to the City Manager for the administration of the City's Human Resources programs. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination programs to source competent applicants to meet the needs of the City. C. Develop, administer and maintain job descriptions/classification specifications that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels, in the area, to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the Human Resources programs. F. In cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City's Human Resources programs. I. Administer the Employee Benefit Programs. J. Periodically, review the Human Resources Personnel Policy Manual (PPM) and make recommendations to the City Commission through the City Manager for amendments of the PPM. K. Administer the Performance Appraisal Program. 03. Equal Employment Opportunity Statement The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 04. Code of Ethics In accordance with the City of Boynton Beach current Ordinance, all City employees are subject to and must comply with the Palm Beach County Code of Ethics. Employees are required to complete City ethics training programs and submit a signed proof of training to Human Resources for inclusion in the employee's personnel file. New hires are required to complete the ethics training and submit their proof of training form to Human Resources within one (1) month of employment. City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 6 Last Revised May 2011 Page 1108 of 1165 1 05. Harassment 2 3 The City of Boynton Beach is committed to providing a work environment that is free of unlawful 4 harassment. Harassment (both overt and subtle) is a form of discrimination when a person is 5 subjected to a hostile or offensive work environment because of threatening, intimidating, 6 embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national 7 origin, sexual orientation, or other protected class status. 8 9 Unlawful harassment is a serious offense and a violation of the City's standards of conduct. Any 10 employee who engages in harassment of another employee or encourages such behavior by 11 others shall be subject to disciplinary action up to and including dismissal. By way of illustration, 12 but not limitation, the following shall constitute inappropriate workplace behavior: 13 14 1. Disparaging remarks (written or verbal) of a discriminatory nature. Includes slurs toward 15 a protected group; 16 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 17 3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of 18 a protected group; 19 4. Disparate treatment of individuals in the protected categories involving recruitment, 20 promotional opportunities and application of policies, procedures and regulations; 21 5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to 22 promote a hostile work environment because of an individual(s) membership in a 23 protected group; 24 6. Sexual harassment can include unwelcome sexual advances, request for sexual favors, 25 and other verbal or physical conduct of a sexual nature that creates a hostile or 26 intimidating environment. The policy prohibits behavior that is not welcomed by the 27 employee and is personally offensive such as, but not limited to: 28 ■ Sexual flirtations, advances or propositions. 29 ■ Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or 30 degrading comments about an employee's appearance, or the display of sexual objects 31 or pictures. 32 ■ Any uninvited physical contact or touching, such as patting, pinching or intentionally 33 brushing against another's body. 34 35 Provisions 36 1. All levels of supervisors are responsible for communicating this policy, and for 37 recognizing, responding, taking corrective actions, and/or preventing the harassment of 38 City employees. 39 2. Employees who feel they are a victim of harassment have an obligation and a duty to 40 advise the individual instigating the harassment that the conduct or behavior is unwelcome 41 and offensive. If the behavior continues, the employee is required to immediately report 42 the behavior to their own supervisor or to Human Resources. The individual instigating the 43 harassment may not necessarily be another employee, co-worker, or supervisor, but may 44 also be any other person conducting business for or with City employees. 45 3. Employees are required to complete Preventing Harassment and Discrimination policy 46 training on-line as directed. 47 48 Procedures City of Boynton Beach Effective Date: 03/01/1998 7 Personnel Policy Manual Last Revised May 2011 Page 1109 of 1165 1 1. Employees should report any harassment complaint immediately. Employees have the 2 option of reporting the complaint as follows: 3 a. to their supervisor or department director, or 4 b. to the Director of Human Resources or a Human Resources Department designee. 5 2. If the supervisor or department director is the person accepting the complaint, he or she 6 will try to resolve the problem and will also notify the Director of Human Resources of the 7 complaint. 8 3. A written statement will be requested of the complainant. Human Resources will begin 9 coordinating and conducting the investigation process in a timely manner. 10 4. The City will provide an administrative response in a timely and reasonable manner. The 11 response will indicate corrective actions, if any, to the employee filing the complaint and to 12 the individual(s) involved in the harassment. 13 5. If the employee perceives the situation to be threatening, that employee may request 14 authorization to use accrued annual leave, leave without pay or a job transfer. Approvals 15 will be determined on a case-by-case basis. 16 6. Disciplinary and/or corrective actions shall be imposed based upon the severity of 17 confirmed harassment. 18 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed 19 by law to the persons involved in any investigation of a complaint. 20 S. Employees exercising their rights by filing a complaint in good faith will not be retaliated 21 against by the City regardless of the findings of the investigation; however, any employee 22 found to have provided false or misleading information or one who does not fully 23 cooperate with an investigation when filing a complaint may be subject to disciplinary 24 action. 25 9. The Director of Human Resources shall determine the administrative operating procedures 26 for this policy. 27 28 06. Violence in the Workplace 29 30 The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. It is the 31 intent of the City to provide a workplace free from intimidation, threats, or violent acts. 32 33 1. Violence, potential for violence, or the threat of violence, by or against any employee of 34 the City of Boynton Beach, is unacceptable and will subject the perpetrator to serious 35 disciplinary action up to and including termination, and criminal charges. 36 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not 37 permitted at work, or on City property, including City vehicles, unless such possession or 38 use of a weapon is a necessary and approved job requirement . 39 3. Any person who exhibits unusual behavior or makes threats, exhibits potential for 40 violence or threatening behavior, or engages in violent acts on City property shall be 41 removed from the premises as quickly as safety permits, and shall remain off the City's 42 premises pending the outcome of an investigation. 43 4. All City personnel are responsible for notifying a supervisor of any threats, which they 44 have witnessed, received, or have been told that another person has witnessed or 45 received. 46 a. Even without an actual threat, personnel should report any behavior they have 47 witnessed which they regard as threatening or violent. 48 b. Failure to notify a supervisor of such activity will subject the employee to serious 49 disciplinary action up to and including termination, and criminal charges. City of Boynton Beach Effective Date: 03/01/1998 8 Personnel Policy Manual Last Revised May 2011 Page 1110 of 1165 1 5. No employee acting in good faith, who reports real or implied violent behavior will be 2 subject to retaliation or harassment. 3 6. The actions of a supervisor, manager, or other employee will be dependent upon the 4 seriousness of the situation. However, consistent with personal safety, managers and 5 supervisors have a responsibility to make a good faith effort to defuse violent or 6 potentially violent situations as quickly as possible in order to prevent their escalation and 7 creating a threat to others. 8 7. Employees are required to complete Violence in the Work Place Policy training. 9 10 07. Drug and Alcohol Use 11 12 The City of Boynton Beach does not tolerate any type of substance abuse including the use of 13 illegal drugs, the abuse of prescribed drugs or alcohol abuse. This prohibition includes the 14 unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in 15 or away from the workplace. Employees are required to comply with the terms and conditions 16 of the City's Drug Free Workplace policy as approved in the most current City Ordinance. Any 17 employee who violates this policy is subject to disciplinary action up to and including dismissal. 18 (See Section VI Discipline .01 Disciplinary Actions, Extreme Misconduct.) 19 20 The City recognizes drug dependency as an illness and a major health problem. Consequently, it 21 provides an Employee Assistance Program (EAP) that offers short-term counseling, assessment 22 and referral services to an employee or an employee's immediate family members. 23 24 Drug and alcohol testing for employees will be performed in accordance with City policy and as 25 required to meet the requirements of the Department of Transportation and the City's Drug Free 26 Workplace Policy and the City's Safety Manual. 27 28 08. Americans with Disabilities Act (ADA) 29 30 The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and 31 employees are treated fairly in all aspects of employment. It is the policy of The City of Boynton 32 Beach to provide a workplace free from unlawful discrimination in which all applicants and 33 employees have equal opportunity in all areas of employment. In compliance with the U.S. 34 Department of Labor, Code of Federal Regulations, 28 C.F.R. 35.107, the City has designated 35 the Human Resources Director as the City's ADA Coordinator for employment related purposes. 36 It is the policy of the City to fully comply with the Americans with Disabilities Act (ADA). 37 38 09. Effective Date of Policies 39 40 The original effective date of the PPM is March 30, 1998, with amendments in 2000, 2002, 41 2003, 2005, 2009 and 2011. 42 43 H. EMPLOYMENT 44 01. Types of Employees 45 City employees are divided into three (3) groups: contract employees, regular employees and 46 bargaining unit employees. 47 48 1. Contract employees are individuals hired by direct Letter of Appointment. Senior 49 management positions, professional and technical employees may be hired by the City 50 Manager by Letters of Appointment. Salary, benefits and other terms and conditions of City of Boynton Beach Effective Date: 03/01/1998 9 Personnel Policy Manual Last Revised May 2011 Page 1111 of 1165 1 employment shall be negotiated on an individual basis. The Letter of Appointment shall 2 specify which provisions of the PPM shall not apply to the employee. 3 4 2. Regular Employees are employees whose terms and conditions of employment are 5 covered by the PPM. Regular employees are not otherwise designated as contract 6 employees or as bargaining unit employees. 7 8 3 Bargaining Unit Employees are those employees whose positions are covered by a 9 specific bargaining unit and whose terms and conditions of employment are covered by 10 that agreement. 11 12 02. Recruitment and Selection 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 83443 35 36 37 38 g 4 41 442 V 45 46 47 4g8 90 51 52 53 54 In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency, vacant positions shall be filled with the most qualified candidates in the best interests of the City through recruitment, selection, promotion/demotion or hiring of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. 2. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments do not have the authority to modify or waive the provisions of the PPM. 3. Human Resources has primary responsibility for hiring employees. All employment discussions by department representatives are to be considered non -obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. Procedures A. Applications and Interviews Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice on the City's website, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. Individuals desiring consideration for employment must submit an Application for Employment, to Human Resources via the City's website. All information provided in the Application for Employment will be subject to verification. 3. New hires are required to complete a twelve (12) month probationary period before they can apply for another position in the City. During certain economic conditions the City Manager may waive this rule. Current employees who are interested in and qualify for a posted vacancy are encouraged to apply by submitting their applications via the City's website. Veterans' preference will be given in compliance with current legislation. 4. Falsification of any part of the Application for Employment or any related documents may, upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee regardless of the employee's length of service. City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 10 Last Revised May 2011 Page 1112 of 1165 1 2 i 5 6 9 119 N 12 13 154 16 1g7 a9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 442 41 45 4476 48 4p9 �1 52 53 54 99 57 5. Departments should not accept applications or resumes since applicants are required to apply on-line. Applicants should be referred to the City's website. 6. Human Resources will only accept applications for employment when a job vacancy has officially been announced through the posting of the Employment Opportunity notice on the City's website. 7. Human Resources will conduct background checks including but not limited to verification of academic degrees, certifications and licenses as applicable. 8. Certain classifications may require meeting applicable testing requirements prior to candidates being given consideration. Human Resources will administer examinations for classifications that require tests as part of the selection process. 9. Human Resources will forward test results and applications that meet the minimum qualifications of the position to the appropriate Department Head/Department Head Designee or the hiring manager. 10. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications based on, but not limited to; relative qualifications, knowledge, abilities, skills, education, degree requirements, experience, and certifications or licenses required in accordance with current classification specifications. b. Determine that the applicant pool is sufficient prior to proceeding to the interview and/or applicant testing step and prior to making a recommendation for employment. C. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or interviewing of applicants at the request of the department. d. Determine which candidate is most suitable for further consideration and proceed with applicant testing, if applicable, or additional interviews, if necessary. e. If a selection cannot be made the department should notify Human Resources to re -post the Employment Opportunity Notice to solicit additional candidates. B. Selection, Reference Checks and the Recommendation Process Once the interview process has determined suitable applicants, the department is responsible for checking employment history and references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 2. Human Resources may also conduct verifications regarding academic degrees, licenses and certifications, as applicable, verifying previous employments, and references. All information provided on the Application for Employment will be subject to verification. 3. Once the results of reference checks and other verifications are determined to be satisfactory, the department will be notified. 4. The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. If the Department Director proposes a salary that exceeds the minimum of the position's pay range, written justification must be included for consideration of the salary. 5. Upon approval of a recommendation for employment and in conjunction with a City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 11 Last Revised May 2011 Page 1113 of 1165 1 tentative offer of employment, a pre-employment physical and a drug test may be 2 conducted. Medical results must be satisfactory to determine fitness for duty. At this 3 step of the hiring process, Human Resources, shall also conduct the appropriate 4 background verification and may verify credit, following the requirements of the Fair 9 Credit Reporting Act. 7 6. After review and acceptance of an applicant's background history and other pre - 8 employment screening, the Human Resources Director may authorize proceeding with 18 the hiring process. 11 7. It is the City's intent to employ the most qualified applicant best suited for the 12 position. Current employment with the City is a factor, but is not, in and of itself, the 13 determinative or controlling factor. 14 15 C. Employment Acceptance 16 17 1. Employment acceptance must be made by the applicant, within three (3) workdays of 18 the department's employment offer, unless otherwise extended by Human Resources. 19 If employment acceptance is declined, the department may consider another applicant 20 from the recruitment's applicant pool, or the department may choose to begin a new recruitment process. Employment Procedures shall be followed in either case. 23 2. Human Resources and the department will collectively establish the hire date upon 24 pre-employment clearance. New employees must provide proof of work eligibility 25 and verification of identity to the City within three (3) business days of their first 26 work day in accordance with the Department of Homeland Security's employment 27 eligibility requirements. Upon hire, Human Resources will forward the necessary 28 employee paperwork to the Finance Department for payroll purposes. 29 N D. Orientation 32 Human Resources shall schedule and conduct a general orientation program for all new 33 employees to explain the City's history and organization, to review City Policies including 34 the Code of Ethics, to assist with the completion of benefit program enrollment forms, and 35 to emphasize the use of safe work practices. 36 37 03. Employment of Relatives 38 39 An employment decision that results in the hiring of a relative of another City employee must be 40 in compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring 41 practices that result in conflicts of interest, favoritism or the appearance of impropriety. 42 43 A. No person may be hired or transferred into a department in which he/she has an 44 "immediate family" member working if it would necessitate one to supervise or evaluate 45 the other. 46 47 B. Persons becoming husband and wife while working within the same department may not 48 both continue their employment in the same department, if one supervises or evaluates 49 the other. 50 51 C. The provisions of Florida Statute 112.3135, regarding nepotism shall supersede any 52 provision of this Policy. 53 City of Boynton Beach Effective Date: 03/01/1998 12 Personnel Policy Manual Last Revised May 2011 Page 1114 of 1165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 954 36 37 38 39 40 41 04. Hours of Work Hours of work will be determined by Department Directors, subject to the approval of the City Manager and shall: A. be determined in accordance with the needs of the City, and B. be established in a manner that promotes environmental sustainability by conserving financial and environmental resources, and C. be established to provide the public with convenient access to City resources and services. 05. Human Resources Information / Employee Files The official personnel file of each employee is electronically maintained in Human Resources. All documents in the file, with certain exceptions, are subject to the Florida Public Records Statute 119.07 that requires information in the file be made available for review upon request. Documents/information exempted by this Law (with some exceptions, e.g. a Court Order) are: ■ Social Security Number ■ Medical information ■ Benefit Information ■ Home Address and telephone number of employees designated in F.S. 119.07 ■ Spouse's work and children's school addresses and telephone numbers of these employees When there is a request to review an employee's personnel file, the employee must be notified in writing within ten (10 days) (E-mail is acceptable notification). Employees must notify Human Resources in writing, within ten (10) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. 06. Probationary Period In order to determine that each employee is placed in a position most likely to result in a successful career at the City, all newly hired or promoted/demoted or transferred employees shall be required to complete a probationary period. All Probationary employees: • Have no property entitlements to their positions. • Shall be subject to demotion without the City being required to state a reason. The probationary employee can not appeal the demotion. • Shall be subject to dismissal without cause, after review by Human Resources. • Have no right to appeal or grieve any type of disciplinary action. New Hire (Full-time): Each new full-time employee must successfully complete a probationary period of twelve (12) months from the date of hire. During the twelve (12) month probationary period new hires are not eligible to apply for other positions. Part -Time to Full -Time: A part-time employee who accepts a full-time position must successfully complete a City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 13 Last Revised May 2011 Page 1115 of 1165 4 5 6 7 8 9 10 1111 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4488 50 51 552 N 55 probationary period of twelve (12) months from the date of the status change. Promotion to a Higher Graded Position: Each promoted employee must successfully complete a probationary period of six (6) months from the date of promotion. /Vote: Applicants for promotion must have been in their current position for a minimum of six (6) months and have a "Meets Standards" or higher performance rating. The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. Exceptions to this policy may occur if there is a departmental restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. Transfer to a different position, whether in the same pay grade or as a demotion: Each transferred or demoted employee must successfully complete a probationary period of six (6) months from the date of transfer or demotion. III. COMPENSATION 01. Overtime The City has the right to assign work and overtime. Exempt employees are not eligible for overtime compensation. Overtime pay for non-exempt employees may be given only for authorized or directed time worked in excess of 40 hours in a seven (7) day workweek. Overtime will not be granted for less than a fifteen (15) minute period. In calculating eligible overtime compensation, only actual hours worked shall be counted. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work, at the request of a Department Director or his/her designee, outside of officially scheduled work hours or on a holiday or day off. It is not overtime or holiday if work is scheduled in advance and a regularly recurring call to duty. Any employee who has physically left work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an unscheduled or emergency assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitle to Call Back Pay. In this case the finishing time for that particular work day will be adjusted accordingly. On Call To provide for after -hour service needs, some operations within the City may designate non- exempt employees to be on-call. Restricted on-call: time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 14 Last Revised May 2011 Page 1116 of 1165 1 designated to be available for call-back. The employee is free to pursue personal activities but 2 must respond to pager or cellular phone contact within designated guidelines set by the 3 department head. This is not considered time worked. If called back, however, call-back 4 compensation will be paid. 5 6 03. Compensatory Time 7 8 An employee eligible for overtime may be granted compensatory time off at the same rate it was 9 earned (i.e., straight time for straight time, time and one-half for time and one-half). 10 Compensatory time can be earned, accumulated, and used, with the Department Director's 11 approval or direction, in accordance with the Fair Labor Standards Act. Compensatory time will be 12 accrued and used at the same rate the overtime rate would be paid. Employees may accumulate 13 a maximum of eighty (80) hours of compensatory time. At no time may an employee accumulate 14 more than eighty (80) hours of compensatory time. Compensatory time may be taken as earned 15 subject to the approval of the Department Head/Designee who shall schedule the time off to meet 16 the operating requirements of the Department. If an employee's collective bargaining agreement 17 addresses this issue, the contract language will be followed. 18 19 The choice of whether to grant overtime pay or compensatory time rests solely with management 20 and depends on the most efficient and economical delivery of services. 21 22 04. Incentive Pay System 23 24 Due to budgetary constraints the City Manager, at his/her discretion, may suspend the Incentive 25 Pay System during any fiscal year by memorandum to the City Comission. 26 27 The City of Boynton Beach has established the Incentive Pay System to motivate and reward 28 individuals or groups of employees according to their job performance and contributions toward 29 the accomplishment of major objectives. The purpose of the system is to promote continuous 30 improvement and quality performance through individual and cooperative effort, assist in career 31 development and advancement, identify individual training needs, determine suitability for 32 assignment, effectiveness in the assigned position and identify individual ability for assuming 33 more responsibility. All employees should be continually working towards the values, goals, and 34 objectives of the City. 35 36 Incentive payments will be considered for the following type of activities (although they are not 37 limited to just these types of activities): 38 39 ■ Customer service improvements. 40 ■ Cost efficiencies (savings). 41 ■ Improvements in operations. 42 ■ Productivity enhancements. 43 ■ Expanding hours of operations. 44 ■ Doing work in-house rather than engaging a consultant. 45 46 Incentive pay and bonuses will not be included in the employee's base pay and may not be 47 carried forward in subsequent years in accordance withSee FloridaStatute 166.021(7). 48 49 Eligibility 50 City of Boynton Beach Effective Date: 03/01/1998 15 Personnel Policy Manual Last Revised May 2011 Page 1117 of 1165 1 Regular budgeted employees, both full-time and part-time, who have successfully passed their 2 probationary period, are eligible for this program. 3 4 05. Bonus Awards 5 6 Due to budget constraints the City Manager, at his/her discretion, may suspend the Bonus Awards 7 Program. 8 9 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus up 10 to $500.00 when the City Comission has appropriated funds for bonus payments and, when such 11 a bonus is justified, in writing, by the Department Head. This bonus will not affect the employees 12 pay grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and 13 administered under the direct control of the City Manager. Employees are not automatically 14 entitled to bonus money and only one bonus will be allowed to an employee in a fiscal year. This 15 approach is a system where the immediate supervisor and Department Director can recognize top 16 performance and reward the employee promptly. 17 18 Bonuses will not be included in the employee's base pay, are not pensionable income and will 19 not be carried forward in subsequent years, in accordance with FloridaStatute 166.021(7). 20 Adoption of the PPM by the City Comission constitutes Commission approval of an extra 21 compensation program. 22 23 06. Demotions/Transfers 24 25 Demotions 26 Transfer of an employee from a higher graded position to a lower graded position may be 27 initiated due to any of the following reasons: 28 • The City demoting an employee as part of a departmental restructuring; 29 • Realignment of responsibilities for failing to meet standards of performance. 30 • The inefficiency or incompentence of an employee in the performance of assigned duties; 31 • The failure of an employee to comply with employment conditions such as licensure or 32 certification; 33 • The employee requesting a voluntary demotion to a lower graded position. 34 • Any other valid reason for a demotion which is not stated herein. 35 36 Each demoted employee must successfully complete a probationary period of six (6) months from 37 the date of demotion. Failure of an employee to successfully complete probation shall result in 38 termination of employment. 39 o See Section II Employment, 06 Probationary Period for guidelines regarding 40 probationary employees. 41 Transfers 42 The City retains the exclusive right to transfer employees from one location to another, one shift 43 to another, or from one starting time to another. 44 . Employees transferring from one position to another in the same pay grade, whether in 45 the same or in a different department will maintain the same pay rate. 46 • Each transferred employee must successfully complete a probationary period of six (6) 47 months from the date of transfer. 48 c See Section II Employment, 06 "Probationary Period" for guidelines regarding City of Boynton Beach Effective Date: 03/01/1998 16 Personnel Policy Manual Last Revised May 2011 Page 1118 of 1165 1 2 3 4 5 6 9 9 10 11 12 13 14 15 16 17 18 1p9 �1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 probationary employees. 07. Travel This policy applies to all departments budgeting travel expenses and to all employees and authorized persons incurring and requesting reimbursement of travel expenses. Occasional travel by City authorized persons is considered necessary and advantageous to the conduct of City business. 1. Attendance at selected professional association meetings, technical training courses, and business meetings provide a benefit to the City and its taxpayers through an increased awareness of technical and administrative developments. 2. However, the time and cost of travel, the resulting absence from normal duties, and the public's sensitivity to these issues demand examination of alternative means of accomplishing travel purposes. Consider telephone conference calls, webinars, in-house and local sessions, and written communications prior to requesting travel authorization. 3. When no feasible substitute for travel exists, the traveler and the approving authority must keep all associated expenses to a minimum. 4. Travel must be authorized well in advance as last minute arrangements and changes can be costly. 5. Travel expense reimbursements will be made within limitations of this policy. The complete policy administered by the Financial Services Department, to include definitions, procedures and forms, is included in the Administrative Policy Manual. IV. BENEFITS 01. Legal Holidays Unless required to be on regular duty, legal holidays to be observed by the City's employees are: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Hourly rate employees must work their regularly scheduled workday immediately before and after the holiday in order to receive pay for the holiday, or be in an authorized with pay status immediately before and after the holiday. Part-time, temporary, and emergency appointed employees are not eligible for holidays with pay. Full time employees shall be compensated for City observed holidays as follows: • When a City observed holiday falls on an employee's scheduled work day, the employee will receive eight (8) hours of holiday pay at his/her straight time pay rate. • When an observed holiday falls on an employee's non-scheduled work day it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 17 Last Revised May 2011 Page 1119 of 1165 1 leave bank. 2 • Employees on vacation, annual military leave, jury duty, sick leave, compassionate leave, 3 or any other absence, but in an active pay status on the day the holiday is observed shall 4 use the holiday on the same day that it is earned. 5 • Holidays that occur during vacation leave shall not be charged against such vacation leave. 6 • If an employee's collective bargaining agreement addresses City observed holidays, the 7 contract language will be followed. 8 9 Due to budgetary constraints legal holidays may be suspended and designated as unpaid time by 10 the City Manager when approved by the City Commission. Other days off, paid or unpaid, may be 11 specifically designated from time -to -time by the City Manager and approved by the City 12 Commission. 13 02. Furlough Hours 14 Furlough leave is the placement of an employee in a temporary non -duty, non -paid status for 15 budgetary related reasons. The implementation of furloughs is a policy decision reserved to the 16 City Commission. The City Manager shall have the authority to exempt certain employees from 17 furloughs during periods of declared emergencies. 18 19 03. Vacation Leave 20 Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined 21 below. The number of hours credited per year will not increase after the 21st year of service 22 unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for 23 any week in which the employee is not in a paid status for 24 or more hours. A regular employee 24 shall, upon termination of employment with the City, be paid for unused accumulated vacation 25 leave. Employees on their initial one (1) year probation are not eligible to take vacation for the 26 first six (6) months of employment. Employees, who end their employment with the City within 27 the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. 28 VACATION ACCRUAL POLICY 29 (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 80 2 - 3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16 — 20 Years 192 21 years and after 200 30 31 Employees may accrue vacation leave to a maximum of the leave earned in the most recent 32 two employment years. Vacation leave accrued during October 1 — September 30 may exceed 33 this stated policy, however, any amount over the allowable maximum that has not been used 34 during that October 1 — September 30 will be forfeited as of September 30 of that fiscal year. 35 However, employees who have been denied vacation shall have the excess vacation hours paid 36 to them at their regular straight time rate of pay in the last pay check of the fiscal year. City of Boynton Beach Effective Date: 03/01/1998 18 Personnel Policy Manual Last Revised May 2011 Page 1120 of 1165 1 Employees who were covered by the vacation accrual and sick leave payout policies in effect 2 prior to 1991 will continue to be covered by those schedules. 3 4 04. Sick Leave with Pay 5 6 Sick leave with pay shall be granted to contract and regular full time employees, including 7 employees serving a probationary period on an original appointment, at the rate of eight (8) 8 hours for each completed month of service (96 hours/year). Such leave shall be computed on an 9 employment year basis. Sick leave pay will be paid at the same rate as a regular workday. 10 Unlimited accumulation of sick leave is authorized. Bargaining Unit employees will be granted sick 11 leave in accordance with their collective bargaining agreement. 12 13 Sick leave shall not be considered as a right which an employee may use at his/her discretion, but 14 rather as a privilege which shall be allowed only in case of: personal sickness, disability, legal 15 quarantine or because of exposure to contagious disease. Up to 40 hours per fiscal year may be 16 taken for regular and contract employees for the illness of an immediate family member(spouse, 17 child, parent). 18 19 In the case of a prolonged, catastrophic illness within the family, an employee may take additional 20 family sick time in accordance with Family and Medical Leave Act (FMLA). If the illness is not a 21 qualifing event for FMLA leave, additional time may only be taken if a doctor's letter is submitted 22 and the Department Director , the Human Resources Director and the City Manager approve. In 23 this scenerio it may be extended to forty (40) hours for a total of eight (80) hours. Family sick 24 leave not covered by FMLA may be extended, but not to exceed twelve (12) weeks in a rolling 25 twelve (12) month period. See Section IV Benefits, 09 FMLA. FMLA Sick leave will not be granted 26 if it falls on regular days off or on a holiday. 27 28 In order to be granted sick leave with pay an employee must meet the following conditions: 29 A. Notify his/her immediate supervisor or supervisor's designee at least one (1) hour before 30 the beginning of the scheduled workday of the reason for his/her absence. 31 B. For medical examination, treatment or evaluation of non -elective, necessary medical 32 procedures. 33 C. File a written request for sick leave on the form and in the manner to be prescribed. 34 D. For absences of more than three (3) consecutive workdays, sick leave must be 35 documented by a doctor's certificate explaining the absence and/or unfitness for duty. In 36 the case of extended absences, four (4) days or more, it is the duty of the employee to 37 contact his/her Supervisor or Department Manager on a weekly basis until he/she is 38 cleared for return to work. The City reserves the right to require an interim doctor's 39 certificate/report during the employee's extended absence. 40 E. If excessive sick leave is taken in such a way as to indicate a pattern, random or 41 otherwise, the employee will be placed on restricted sick leave for ninety (90) days and a 42 doctor's certificate will be required for any sick leave related absence. If there is a 43 violation of the restricted sick leave policy, or additional incidents of absences, progressive 44 discipline shall be applied and the employee will be placed on another ninety (90) day 45 period of restrictive sick leave beginning on the date of the policy violation). 46 F. No sick leave will accrue for any week in which the employee is not in a paid status for 47 twenty-four (24) or more hours. 48 G. In computing sick leave taken, all employees shall be charged one (1) hour sick leave for 49 each hour not worked because of illness. 50 H. Regular employees who have exhausted their accumulated sick leave and are still unable City of Boynton Beach Effective Date: 03/01/1998 19 Personnel Policy Manual Last Revised May 2011 Page 1121 of 1165 1 to return to work may draw against their vacation leave account. 2 I. Claiming sick leave when physically fit shall be cause for discharge. 3 J. All regular employees (or their beneficiaries in the case of death) will have payment made 4 for unused sick leave at the rate specified in the table below for the total number of hours 5 accumulated, but not taken, upon resigning, retirement or death. (Retirement shall include 6 normal retirement, disability retirement or early retirement as defined in the appropriate 7 Pension Plan.) 10 11 12 Continuous Years of Service Less than 5 full years Percent of Accumulated Sick Leave More than 5 full years, but less than 10 full years More than 10 full years Upon retirement from the City 0% 25% 50% 50% 13 K. Employees may return to work with a Light Duty Certificate and/or letter from their 14 physician provided there is work available within the department that would comply with 15 the doctor's requirements. If there is no such work available the employee will remain on 16 sick leave or workers' compensation status until receiving a full release to return to work 17 from their doctor. 18 19 05. Emergency Cash -In of Vacation and/or Sick Leave Time 20 Employees faced with sudden extraordinary circumstances of hardship who have 21 accrued vacation leave hours are eligible to request emergency cash in lieu of 22 vacation. If approved, employees may convert up to eighty (80) hours to cash (less 23 applicable deductions) provided they have forty (40) hours remaining in their vacation 24 leave bank after the cash -in. Conversions must be done in increments of eight (8) Rhours. 27 Employees who do not have enough vacation leave hours may consider including sick 28 leave hours. Sick leave hours cash -in will be calculated at fifty percent (50%) of the 29 employee's hourly rate. The total of vacation and sick leave hours may not exceed 30 eighty (80) hours and vacation hours must always be used before sick hours. Payment 31 for sick leave hours may only be granted provided that they have eighty (80) hours H remaining in their sick leave bank. 34 A request must be made in writing outlining the emergency, including supporting 35 documentation and submitted to the Human Resources Director. A committee 36 comprised of the City Manager, Finance Director and Human Resources Director will 37 then review the request and approve the requested hours in total or modified as they 38 see fit. This benefit can be used only once each fiscal year. At the discretion of the 39 City Manager, the time limit rule may be waived if there are exigent circumstances. 40 41 42 06. Bonus Hours 43 44 This policy establishes a wellness program designed to minimize time lost on the job and to help 45 reduce the City's overall health insurance expenses. The City recognizes that employees 46 occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. 47 However, this program provides incentive to reward those employees who use sick time 48 responsibly. 49 Accrual 50 City of Boynton Beach Effective Date: 03/01/1998 20 Personnel Policy Manual Last Revised May 2011 Page 1122 of 1165 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 A. All full time City employees, excluding Civil Service, covered by this policy are eligible to receive eight (8) bonus hours for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time, FMLA leave time, coded as sick time, or family sick during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. B. Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation leave. 07. Leave With Pay Jury Duty/Witness Fees: In order to receive pay for jury duty supporting documentation must be submitted to payroll within two (2) weeks of the date the jury duty was served. If the appropriate documentation is not received, time away from the office will be charged as vacation leave. If no vacation leave is avaialble employee will be coded as excused unpaid. All pay granted under this section must be approved by the Department Director. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive his/her regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those hours that coincide with his/her regular workhours, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to a leave of absence granted as a matter of legal right under the provisions of Florida Statute 115.07 not to exceed 240 working hours per fiscal year in order that these employees may fulfill their military obligations. Active Duty: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 21 Last Revised May 2011 Page 1123 of 1165 1 Continued Service: Unless the person provides the City with written notice that they 2 do not plan to return to employment with the City, no break in service will occur during 3 the period of active duty and the employee with continue to accrue service for purposes 4 of seniority and pension eligibility 5 6 Workers' Compensation: 7 Whenever an employee is totally disabled from duty for a period of no more than seven 8 (7) calendar days because of an injury determined to be compensated under the 9 provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. 10 If the period of disability is greater than seven (7) calendar days, the employee will be 11 eligible to receive a sum of money up to an amount equal to the difference between 12 his/her worker's compensation check and his normal net take home pay up to three (3) 13 months. In no case will the salary supplement be extended beyond the three (3) months 14 from the date of injury. 15 16 At the end of the three (3) months, or sooner, the Risk Manager and Claims 17 Administrator will review the medical certification from the employee's authorize workers' 18 compensation treating physician for a determination of pay status. If the authorized 19 medical certification justifies temporary total disability, the supplement continuation will be 20 granted. If the continuation of the salary supplement is granted, it shall continue at the 21 same rate as defined above for up to an additional three (3) months. In no case will the 22 salary supplement be extended beyond six (6) calendar months from the date on which 23 the salary supplement began. 24 25 After three (3) months from the date of injury, the injured employee may elect to receive 26 accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular 27 hourly wage, to the extentthat his/her combined sick leave or vacation leave, and 28 workers' compensation benefits equal his/her regular weekly net take home salary. The 29 employee must contact the payroll clerk to qualify for the combined check. 30 31 It is incumbent on the employee to make application for disability in accordance with the 32 pension plan he/she is a member of, or the insurance plan he/she is covered under. 33 Failure to do this automatically cancels the additional City benefits. 34 35 If the appropriate disability plan denies the claim, the additional City salary supplement 36 benefit will be canceled. If the appropriate disability plan accepts the claim, the salary 37 supplement will be canceled after issuance of the disability pension check or at the end of 38 the time duration outlined above, which ever comes first. 39 40 If an employee who is receiving Worker's Compensation payment along with City 41 supplement, sick or vacation leave, is found to be working or receiving compensation for 42 his/her services elsewhere during this period, he/she will be required to reimburse the City 43 for all medical expenses and supplement sick or vacation pay taken and be subject to 44 dismissal. 45 46 Compassionate Leave: 47 48 In the event of the death of the mother, father, child, foster parent, foster child, brother, 49 sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, 50 mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to 51 paid compassionate leave not to exceed twenty-four (24) hours for any one death. City of Boynton Beach Effective Date: 03/01/1998 22 Personnel Policy Manual Last Revised May 2011 Page 1124 of 1165 1 However, if it is necessary for the employee to leave the State in connection with the 2 interment of the deceased, forty (40) consecutive work hours shall be allowed. In order to 3 receive pay for compassionate leave, employees must submit proof of death to payroll 4 within two (2) weeks of the date they returned from compassionate leave. If the 5 appropriate documentation is not received, time away from the office will be charged as 6 vacation leave, until such time that the appropriate documents are submitted to payroll. If 7 no vacation leave is available, employee will be coded as excused unpaid. The City 8 Manager may grant additional leave under this section when he/she deems it appropriate. 9 10 08. Disability/ Leave Without Pay 11 12 A regular employee may be granted leave of absence without pay for a period not to exceed six 13 (6) months for sickness, disability or other good and sufficient reasons that are considered to be 14 in the best interest of the City. Requests must be in writing. A leave of absence without pay of up 15 to thirty (30) calendar days can be approved by the employee's Department Head and the Human 16 Resources Director. A leave of absence in excess of thirty (30) calendar days must be approved 17 by the City Manager. Employees that are on approved leave of absence without pay will be 18 responsible for paying all their benefit premiums, e.g., insurance, etc. 19 20 Leave of absence without pay will not be granted in order to accept employment with another 21 employer. If granted, leave of absence without pay may subsequently be withdrawn and the 22 employee recalled to service. All employees on leave of absence without pay are subject to 23 applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or 24 seniority during a leave of absence without pay exceeding thirty (30) days 25 26 Employees who are in a personal disability status and not working will have their positions held 27 for a maximum of six (6) months from the date of injury or illness. Employees may request sick 28 leave, vacation leave or an unpaid leave of absence for time away from the job. 29 09. Family and Medical Leave Act (FMLA) 30 31 Family and Medical Leave Act (Federal Government Family and Medical Leave Act of 1993; 29 32 CFR Part 825, as amended January 16, 2009). 33 Eligible employees of the City of Boynton Beach are entitled to take leave from work for qualified 34 reasons pursuant to the Federal Regulations of the Family and Medical Leave Act (FMLA). Human 35 Resources will provide employees with information on FMLA and the required forms, when Nneeded. 38 Employees granted leave under FMLA are required to use accrued sick leave while on FMLA. 39 Should sick leave be exhausted while on FMLA leave, employees are entitled to use accrued 40 vacation leave. The accrued paid leave used will be considered FMLA-protected leave and 41 counted against the FMLA leave entitlement. Accrued sick leave used while on FMLA leave will 43 be counted against bonus hours eligibility. 44 When medically necessary, an employee may take leave intermittently or on a reduced leave 45 schedule for his/her own serious health condition or that of a family member. Intermittent or a 46 reduced leave schedule is not available for the birth and care or placement of a child. 47 48 Employees on FMLA who have exhausted their sick and vacation accruals are eligible for donated 49 leave time from City employees. 50 51 10. Retirement Benefit City of Boynton Beach Effective Date: 03/01/1998 23 Personnel Policy Manual Last Revised May 2011 Page 1125 of 1165 1 2 Procedures for retirement and the benefits available to employees in conjunction with retirement 3 are as set forth in the pension plan applicable at the time of retirement. 4 5 V. PROFESSIONAL DEVELOPMENT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4g7 39 50 51 01. In -Service Training Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (See Section IV. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1), full year after completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Manager requires it. 02. Tuition Assistance Full time employees who have completed their one (1) year probation and who are not union members are eligible to apply for tuition reimbursement. Part-time and temporary employees are not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets requirements" or comparable rating in overall performance reviews, in order to remain eligible for tuition assistance. Bargaining Unit contract articles covering tuition reimbursement may or may not have the same benefits as this policy. Employees may receive full details of the program and apply for reimbursement through the Human Resources Department. Employees who voluntarily leave their employment with the City or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 12 -month period prior to their termination date, and 50% of the tuition assistance received during the 24 month period prior to their termination date. VI DISCIPLINE Verbal Warning or other instructive verbal communications will not consitute discipline. Verbal warning or other instructive verbal communication may be used to establish that an employee knew or should have know that the performance, work habits, or behavior was not appropriate. 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 24 Last Revised May 2011 Page 1126 of 1165 supportive of the goals of effective municipal management is fully encouraged. 3 When an employee's conduct or performance is inconsistent with the needs and goals of the City, 4 disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 9 1. Counseling and written reprimands should be utilized as an element to motivate employees to 10 choose behavior conducive to an individual's growth, development and most importantly, to 11 insure the successful operation of the City and its services. However, in certain circumstances, 12 punitive discipline actions will be necessary. There is no "fixed formula" for discipline, 13 management reserves the right and prerogative to make disciplinary decisions based on 19 repeated occurrences of varying incidents, past performance, or severity of the incident. 16 2. Although progressive disciplinary actions are encouraged, when circumstances support such 17 use, the severity of misconduct and the circumstances shall determine the nature of the JB discipline. 20 3. The level of misconduct may differ in individual cases from apparently similar incidents. The 21 City retains the right to treat each occurrence on an individual basis without creating a 22 precedent for situations that may arise in the future. This case-by-case method is designed to 23 take individual circumstances and/or mitigating factors into account. These provisions are not 24 to be construed as a limitation upon the retained rights of the City, but are to be used as a K guide. 27 4. The failure of immediate supervisors to document and/or take disciplinary actions for 28 misconduct, or the failure to forward the completed disciplinary documents to Human 29 Resources, shall serve as grounds for disciplinary action. 30 31 Examples of Misconduct 32 The following represents employee noncompliance with rules, regulations, policies, practices or 33 procedures of the City or are prohibited by law. Each incident shall be considered on a case -by - 34 case basis. 35 36 Misconduct 37 Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is 38 normally: 39 1St Infraction — Written Counseling 40 2nd Infraction — Written Reprimand 41 3'd Infraction — Suspension Without Pay or Dismissal 43 Examples of Misconduct include, but are not limited to: 44 ■ Conduct unbecoming of a City employee 45 ■ Abuse of sick leave privileges, sick leave policy or excessive absenteeism 46 ■ Failure to notify Department and/or Human Resources of current address and telephone 47 number within ten (10) calendar days of change 48 ■ Failure to report any outside employment 49 ■ Poor quality of work 50 ■ Failure to provide name and official title to any person requesting same when performing 51 work related duties 52 ■ Abuse of personal privileges, including the extension of lunch or break periods 53 ■ Abuse of attendance policy, including late for work without reason. 54 ■ Smoking in prohibited areas 55 ■ Unauthorized solicitation, posting of material, or non-productive behavior City of Boynton Beach Effective Date: 03/01/1998 25 Personnel Policy Manual Last Revised May 2011 Page 1127 of 1165 1 2 3 4 5 6 8 9 10 I� 13 14 15 19 18 19 20 23 24 25 26 27 28 29 30 3311 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ■ Loitering ■ Inattention to job duties ■ Careless use of vehicles or equipment ■ Failure to use all safety restraints when riding in or operating a City vehicle ■ Failure to wear and/or use prescribed uniforms or equipment. ■ Disregard of safe work procedures NOTE: All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Misconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct 1St and 2nd infractions will expire, with regard to the progressive nature of this policy, 12 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 3rd Misconduct infraction, Suspension Without Pay, another Misconduct infraction within 12 months of the date of issue for the 3rd infraction will normally result in dismissal. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plan Employees who receive a Written Reprimand with a Suspension and employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90 -day evaluation period or face dismissal. It is the responsibility of each employee to perform at a minimum level of "Meets Standards". Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may of be grounds for termination. The discipline for Serious Misconduct is normally: 1s' Occurrence - Written Reprimand or Suspension Without Pay 2nd Occurrence - Suspension Without Pay or Dismissal 3rd Occurrence - Dismissal Examples of Serious Misconduct include, but are not limited to: ■ Inappropriate use of City resources, time or equipment ■ Inappropriate or disorderly conduct Making offensive remarks; use of abusive, profane or sexually graphic language • Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status • Sleeping on the job • Absent without calling in to the department within thirty (30) minutes before shift start time Disrupting or hindering departmental operations • Outside employment which conflicts, interferes or otherwise hampers the performance of the employee in the City job. Inefficiency of incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated City of Boynton Beach Effective Date: 03/01/1998 26 Personnel Policy Manual Last Revised May 2011 Page 1128 of 1165 1 failure to support team goals and contribute to team success. 2 Refusal to perform assigned duties and responsibilities. 3 4 NOTE: 5 All types of Serious Misconduct will be cumulative to determine the appropriate disciplinary steps. 6 Once a Serious Misconduct infraction has occurred, any subsequent Serious Misconduct infraction 9 will result in the next level of disciplinary action. 9 Once an employee is issued a Written Reprimand for Serious Misconduct, they are ineligible to 10 receive a salary increase (including lump sum payments), promotion, or to apply for jobs within I � the City for a period of twelve (12) months. 13 Serious Misconduct infractions will remain active, with regard to the progressive nature of this 14 policy, for the duration of employment with the City. If misconduct or serious misconduct has 15 occurred previously, there will be faster progressive action. 16 17 Extreme Misconduct 18 Infractions for Extreme Misconduct are very serious in nature and normally result in immediate 19 dismissal without prior warning. 20 The discipline for Extreme Misconduct is normally: 23 1st Occurrence - Suspension Without Pay or Dismissal 24 2nd Occurrence - Dismissal 25 �7 Examples of Extreme Misconduct include (but are not limited to): 28 ■ Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor 29 ■ Supervisor's failure to report an employee's on the job injury to Risk Management within 30 24 hours and/or completion of necessary documentation 31 ■ Violent acts or threats of violence 32 ■ Operating a City vehicle or equipment without a required and valid driver's license. 33 ■ Job Abandonment 34 ■ Insubordination 35 ■ Possession of a firearm or concealed weapon on City property or while performing official 36 City duties, (excluding law enforcement officers) 37 ■ Gambling during work hours 38 ■ Suspension or revocation of any required job-related licenses or certifications. 39 ■ Disruption of the workplace 40 ■ Willful spoilage, destruction or waste of City property or resources 41 ■ Unauthorized personal use of City equipment or funds 42 ■ Conducting personal and/or private business on City time; improper use of City time for 43 such activity 44 Violation of City security regulations and policies 45 Theft or removal of City property without proper authorization 46 Falsifying documentation 47 Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, 48 Florida Statutes 49 Giving false information, or failure to fully cooperate or provide full, truthful information in City of Boynton Beach Effective Date: 03/01/1998 27 Personnel Policy Manual Last Revised May 2011 Page 1129 of 1165 1 City initiated investigations 2 ■ Possession, use or sale of illegal drugs, alcohol or prescription medication which alters the 3 employee's performance on the job; or any confirmed positive drug test 4 ■ Possession or use of alcohol while on duty; or reporting to work under the influence 5 ■ Refusal to submit to a City required drug or alcohol test 6 ■ Falsifying or attempting to falsify a City -ordered drug test 7 Violation of the City's Harassment policy 8 Conviction of a felony (including non -work related) 9 Unauthorized disclosure of confidential information 10 Refusal to participate, if offered, in a drug/alcohol rehabilitation program 11 Abuse of other department procedures and work rules 12 Fighting on the job or engaging in any intentional act which may inflict bodily harm on 13 anyone 14 Falsifying employment application or concealing information during pre-employment 15 screening or processing 16 17 Procedure for Disciolinary Action iR 19 1. When immediate supervisors become aware of evidence of the need for employee 20 discipline, they become responsible and shall investigate the circumstances of the 21 misconduct or lack of performance prior to deciding upon the type of disciplinary action to 22 be recommended or taken. Documentation of the discipline investigation or of the 23 conduct shall be required on the part of the immediate supervisor in order to establish 24 appropriate records. Human Resources will be available to assist in such investigations. In 25 cases where investigations of a more substantial nature are required, the following types 26 of administrative review shall be administered. 27 28 a. Administrative Review: Investigations of non -criminal violations conducted in the 29 absence of immediate or conclusive evidence involving any City employee, with the 30 exception of Police Department employees. These investigations shall be 31 conducted by the Department Director and Human Resources, who shall obtain all 32 sufficient information, including documentation and/or sworn statements, in order 33 to determine the necessity or level of disciplinary action. Human Resources shall 34 assume responsibility for acquiring any necessary sworn statements. Administrative 35 investigations shall be conducted expeditiously. Verbal counseling and written 36 counseling will not be subject to administrative review by Human Resources. 37 38 b. Criminal Investigations: Investigations conducted when criminal violations are 39 reportedly committed by any employee of the City. These investigations shall be 40 conducted by the Police Department, in collaboration with the Department Director 41 of the involved employee. 42 43 2. In instances where an investigation of serious, unlawful or other extreme misconduct is 44 necessary, administrative and/or criminal investigations shall be conducted prior to the 45 effective date of the disciplinary action. 46 47 3. The immediate supervisor may initiate up to a three (3) day suspension with pay to afford 48 a supervisor the opportunity to investigate an alleged incident or misconduct in the 49 absence of the employee. Suspensions of more than three (3) days require the approval of City of Boynton Beach Effective Date: 03/01/1998 28 Personnel Policy Manual Last Revised May 2011 Page 1130 of 1165 1 the Human Resources Director. This practice may also be used in the event that alleged 2 misconduct is severe but unproven. The immediate supervisor shall immediately notify the 3 Department Director and Human Resources Director after the suspension is issued7 so that 4 the matter can be investigated at once. 5 6 4. A recommendation for disciplinary action may result from the findings of an investigation. 7 If disciplinary measures are not recommended after the investigation, the suspension with 8 pay period shall not be construed as disciplinary in nature. A document confirming a 9 favorable determination as to the matter should be made a part of the employee's record. 10 Tynes of Disciplinary Action: 11 12 1. Written Counseling - Consists of the immediate supervisor warning the employee to correct 13 or improve performance, work habits, or behavior, and counseling the employee on 14 improvements expected. Written Counseling serves as a warning against further repetition of 15 employee behavior. Further violations will result in discipline up to and including termination. 16 17 A Written Counseling Memorandum must be completed by the supervisor, and the 18 employee is required to sign the Counseling Memorandum signifying that he/she has read and 19 discussed the contents with the supervisor. The signed Counseling Memorandum must be 20 forwarded to Human Resources for retention in the employee's records, with a copy provided 21 to the employee. The supervisor may request that the employee complete a written action 22 plan to correct the behavior. Employees may submit comments for inclusion in the record. 23 24 2. Written Reprimand - Consists of an immediate supervisor issuing a written notice of 25 reprimand, to improve performance, work habits or behavior. A written reprimand should 26 include a complete description of the incident(s) of misconduct, inappropriate behavior, work 27 habits or performance which requires improvements; previous records of discussion; a time 28 frame within which the employee must correct or improve his/her behavior; and a warning 29 that future violations will result in further disciplinary actions up to and including termination. 30 31 Written reprimands shall be signed by the employee to acknowledge receipt and forwarded 32 to the immediate Supervisor and the management witness and forwarded to Human 33 Resources for retention in the employee's records, with a copy provided to the employee. 34 The employee signature does not constitute agreement with the contents. Employees may 35 submit comments for inclusion in the record. The employee may be required to complete a 36 Performance Improvement Plan for correction of the behavior. Written reprimands should 37 be reflected on the employee's performance evaluation along with any noted improvements. 38 39 3. Suspension Without Pay - Consists of an employee being prohibited from returning to 40 work until his/her specified period of suspension has passed or the forfeiture of his/her 41 vacation time, if agreed to by the employee. Suspensions without pay shall be used when an 42 employee is removed from the job due to misconduct or unlawful behavior, or when 43 instances, of progressive discipline, support a suspension without pay for a specified period of 19 time. 46 a. With the written authorization of the Department Director and Human Resources, 47 immediate supervisors have the authority to issue a suspension without pay for 48 two (2) working days or less. 49 b. All other suspensions without pay beyond two (2) working days require prior 50 concurrence by Human Resources, review by the City Attorney's Office and 51 authorization by the City Manager's Office. City of Boynton Beach Effective Date: 03/01/1998 29 Personnel Policy Manual Last Revised May 2011 Page 1131 of 1165 1 c. Employees being suspended without pay shall be notified in writing by the 2 immediate supervisor. The written notification shall consist of the reason for the 3 action and the duration of the suspension without pay. It shall also include a 4 statement that future violations will result in further disciplinary actions up to and 5 including dismissal. 6 d. Employees may submit comments for inclusion in the record. Written notification 7 of a suspension shall be signed by the suspended employee acknowledging receipt 8 of the written notification, and forwarded to Human Resources for inclusion in the 9 employee's records, with a copy provided to the employee, the Department 10 Director, and one to the Finance Department for payroll purposes. 11 12 4. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the 13 employment relationship. At such time all employee benefits cease, except as otherwise 14 provided by law. Immediate supervisors must supply thorough documentation and discuss 15 recommendations for an employee's dismissal with his/her chain of command and Human 16 Resources. Upon receiving a written recommendation from the supervisor, the Department 17 Director shall submit the documentation to Human Resources. Dismissals shall be effected 18 only with the concurrence of Human Resources, review by the City Attorney's Office and 19 authorization by the City Manager. 20 21 22 23 24 25 26 27 28 22p9 31 32 33 34 RR 37 A written notice of recommended termination shall be given to the employee in person. However, after two (2) unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's rights to request a Predetermination Hearing prior to termination taking effect and the fact that the decision of the City Manager shall be final. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. The employee may submit comments for inclusion in his/her Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. 40 At the time of dismissal, employees are required to surrender to their Department Director or 41 designee, all City property that may be in their possession or custody and all other conditions for 42 termination must be complied with prior to issuance of final check. 43 44 Right to Predetermination Hearing 45 46 Prior to the effective date of any suspension without pay of three (3) days or more, or a 47 termination, the City shall conduct a predetermination hearing. The predetermination hearing 48 shall be conducted by the Human Resources Director and the City Manager's designee. The 49 employee shall be provided with reasonable notice of the predetermination hearing date and of 50 the charges which are the grounds for the disciplinary action. The employee may be accompanied 51 and assisted at the predetermination hearing by a representative of his/her choice. Prior to or at 52 the inception of the hearing, the City shall disclose or explain the City's evidence. The employee City of Boynton Beach Effective Date: 03/01/1998 30 Personnel Policy Manual Last Revised May 2011 Page 1132 of 1165 1 shall be afforded the opportunity to present information in defense or mitigation to the charges 2 brought against the employee. Following the predetermination hearing and any further 3 investigation into issues raised by the employee in defense or mitigation of the charges, the 4 Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the 5 disciplinary action and give the employee written notice of their action and, at the same time, 6 establish the suspension or termination date(s) if appropriate. Information gathered before, 7 during and after a pre -determination conference constitutes part of the City's investigation or an 8 act of admission that can result in discipline. 9 10 Employee Appeals 11 1. Probationary employees shall not have the right to appeal any type of disciplinary action. 12 2. Regular employees may respond to discipline actions of written reprimand and 13 suspensions of two (2) workdays or less with or without pay, by requesting administrative 14 review by the Human Resources Director. Such request shall be made within ten (10) 15 calendar days of the imposition of the discipline. The Human Resources Director shall 16 review the disciplinary action in question and shall either sustain, reverse, or modify the 17 disciplinary action. The Human Resources Director's disposition shall be made within thirty 18 (30) days of the employee's request for review. The Human Resources Director's 19 disposition is final and not subject to further review. 20 3. Regular employees have the right to appeal to the City Manager suspensions without pay 21 greater than two (2) workdays or dismissals, by requesting a final review by the City 22 Manager within ten (10) business days of the employee's receipt of formal notification of 23 recommended suspension or dismissal. The decision of the City Manager shall be final. 24 25 02 Disposition of Criminal Charges 26 27 When a City employee is arrested and charged with a felony offense, the employee shall be 28 placed on administrative leave without pay until final disposition of the criminal charges. An 29 employee who is convicted of or who pleads guilty or no contest to a felony in conjunction with a 3� plea negotiation shall be terminated from his/her employment with the City. 32 An employee placed on administrative leave without pay, under these circumstances, may use 33 accrued vacation and accrued sick time during the leave period. If found innocent or if the 34 State Attorney drops the charges, not as a result of a plea deal, the time will be reinstated. 35 36 03. Formal Grievances 37 38 The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to 39 deal promptly with any that may arise. Counseling memorandums and Performance Evaluations 40 cannot be grieved. Except where there is an acceptable reason for not doing so, all grievances 41 will be handled and transmitted through supervisors in the following order, according to the 43 department's chain of command: 44 ■ Immediate Supervisor 45 ■ Department Director 39 ■ Human Resources Director or his/her designee 48 The primary purpose of this grievance procedure is to determine what is right rather than who is 49 right. This process should be considered a "last resort" alternative to resolving conflicts of 50 compensation, benefits or working conditions as identified in this document. Free discussion 51 between employees and supervisors will lead to better understanding of practices, policies and 52 procedures that affect employees. Discussion will serve to identify and help eliminate conditions City of Boynton Beach Effective Date: 03/01/1998 31 Personnel Policy Manual Last Revised May 2011 Page 1133 of 1165 1 that may cause misunderstandings and grievances. This purpose is defeated if a spirit of conflict 2 enters into the consideration of a grievance. Supervisors and employees alike must recognize the 3 true purpose of the grievance procedure if it is to be of value in promoting the well being of the 5 city. 6 The Human Resources Director shall establish rules for the processing of grievances. Rules may 7 be amended from time to time, but should have as their objective the prompt and efficient 8 disposition of a grievance. Grievances are to be initiated by employee within ten (10) days of the 9 event giving rise to the grievance, or the grievance is waived. Once initiated the time sequence for 10 review and response to the employee should not exceed twenty (20) working days. The decision 11 of the Human Resources Director regarding disposition of the grievance is binding and not subject 12 to further review. 13 14 VII. RESIGNATION / TERMINATION 15 16 01. Resignation/Termination 17 18 Any employee wishing to leave a City position in good standing, is expected to file a written 19 resignation with his/her Department head, at least two (2) weeks before leaving, stating the date 20 the resignation is to be effective and the reason for leaving. The City reserves the right to accept the resignation on the day it is submitted if deemed appropriate by the Department Director. 23 Department Heads shall forward the notice of resignation and a completed Employee Activity �5 Report (EAR) form to the Human Resources Director immediately upon receiving the resignation. 26 Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify 27 the department as required) for a period of three (3) consecutive working days is considered job N abandomnent and will be treated as a resignation with no appeal rights. 30 Termination or Severance Pay 31 There is no termination or severance pay, except payment for accumulated sick and vacation time 32 as otherwise provided herein, however, some individual letters of appointment may include 33 severance pay provisions. 34 35 02. Lay Off 36 37 The City Manager may lay off any regular employee whenever such action is made necessary by 38 reason of shortage of work or funds the abolishment of a position, consolidation of departments 18 or division, privatization, reclassification or reorganization. 41 Employees selected for lay off will be at the City Manager's discretion in consultation with the 42 department head and a Human Resources professional. 43 City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 32 Last Revised May 2011 Page 1134 of 1165 1 2 4 g5 7 8 9 10 11 112 U 19 1g7 a9 210 �Z 23 2455 R 27 g�9 3� 332 3� 35 38 37 3g8 �0 441 4� 44455 446 48 49 50 511 H 54 99 57 609 61 62 VIII. APPENDIX 01. DEFINITIONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATIVE REVIEW means review of the disciplinary action in question; after which, the Human Resources Director shall either sustain, reverse, or modify the disciplinary action. The disciplinary actions which qualify for Administratvie Review include, reprimands, suspensions with pay, demotions, and suspension without pay of two (2) workdays or less ALLOCATE shall mean the act of assigning each position to its proper class. ANNIVERSARY DATE shall mean an employee's date of hire or re -hire, whichever is later. APPEAL shall mean a request for an administrative review by the Human Resources Director or a final review by the City Manager, depending upon the severity of discipline. CERTIFY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS shall mean a position or group of positions which have similar duties and responsibilities, require similar qualifications, can be properly designated by a title, indicative of the nature of work, and are assigned to the same pay range. COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA CONTINUOUS SERVICE shall mean employment which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee hired by direct Letter of Appointment from the City Manager. DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT shall mean Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL shall mean the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE shall mean a person who has been found qualified for appointment to a position in a particular classification. EEOC shall mean the Equal Employment Opportunity Commission. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions; such as,evaluations of training and experience, performance tests, oral interview, written tests, and previous performance evaluations. FULL-TIME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. JOB TITLE shall mean a definite descriptive designation for a job classification. LAY OFF shall mean the dismissal from employment because of shortage of work or funds, the City of Boynton Beach Effective Date: 03/01/1998 33 Personnel Policy Manual Last Revised May 2011 Page 1135 of 1165 1 3 45 6 g7 9 1110 12 11443 15 16 1g7 a9 20 21 22 R 2g5 �7 28 329 3322 33 34 RR 99 43p9 4'I 442 4i 45 abolishment of a position, consolidation of departments or divisions, privatization, reclassification or reorganization. OVERTIME PAY shall mean pay for non-exempt employees who are authorized and directed to work in excess of 40 hours in a seven (7) day workweek. PAY RANGE shall mean a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. POSITION shall mean a group of duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. PROBATIONARY EMPLOYEES shall mean any employee who is currently serving in a new position either by appointment, promotion, demotion, or reclassification, and has not completed his/her probationary period. PROBATIONARY PERIOD shall mean a period of twelve (12) months for any newly hired employee. If a new hire employee fails to meet standards during the probationary period, he/she is subject to discharge, demotion, or suspension without warning or statement of cause. Promoted, demoted or transferred employees have a six (6) month probationary period. PROMOTION shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR STATUS shall mean an employee who has completed a probationary period. New hires are considered probationary and cannot move to another postion until their twelve (12) month probationaly period is completed. SUSPENSION shall mean the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified period of time. TEMPORARY POSITION shall mean all positions that are not designated regular. TERMINATION shall mean the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE shall mean an employee whose position is covered by a collective bargaining agreement and who has terms and conditions of their employment covered by that agreement. VACANCY shall mean a position existing or newly created, which is not occupied. City of Boynton Beach Personnel Policy Manual Effective Date: 03/01/1998 34 Last Revised May 2011 Page 1136 of 1165 12. B. Legal 4/18/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/18/2023 Requested Action by Commission: Review Advisory Board Ordinance, requested by Commissioner Kelley. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D Altactniment Description C c:ade of Oirdliirnairnn ee s t'fialh teir 27 Adm soiryIi (,)arils and C orriirrniittees Page 1137 of 1165 Art. I. In General, §§ 27-1-27-19 Art. II. Boynton Beach Art Advisory Board, §§ 27-20-27-32 Art. III. Boynton Beach Library Board, §§ 27-33-27-38 Art. IV. Parks and Recreation Board, §§ 27-39-24-44 Art. V. Senior Advisory Board, §§ 27-45-27-51 Art. VI. Education and Youth Advisory Board §§ 27-52-27-59 Art. VII. Planning and Development Board, §§ 27-60-27-71 Art. VIII. Historic Resources Preservation Board, §§ 27-72-27-79 Art. IX. Building Board of Adjustments and Appeals, §§ 27-80-27-94 Art. X. Appeals, §§ 27-95-27-98 ARTICLE I. IN GENERAL Sec. 27-1. City boards and committees defined; generally. (a) Board, shall refer to a group of individuals appointed by the City Commission for the purpose of providing advisory assistance to the Commission. No board shall have administrative authority over any department of the city. (b) Committee shall refer to a group of individuals appointed by the City Commission to provide advisory authority on a single subject or issue matter. The City Commission may establish a sunset date for each Committee. Terms board or committee may be used interchangeably herein. (c) The provisions of Chapter 27, Article I, shall apply generally to all city advisory boards and committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton Beach Code of Ordinances. (d) Retroactive effect. To the extent permitted by law, all of the provisions withinChapter 27, shall apply to acts and actions occurring or in progress prior to its adoption by the City Commission. All matters pending before the city boards and committees at the time of effective date of this chapter shall continue unabated and be taken up as scheduled before the respective board and committee. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-2. Board or committee member selection; organization; qualifications; term. (a) No person shall be appointed to a city advisory board or committee without the person first submitting an application for appointment. All applications for appointment to a city board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness and qualifying requirements prior to submitting them to the City Commission for consideration. (b) Selection of chair and vice -chair. The chairperson and vice -chairperson for each board shall be selected by each board however the City Commission must ratify the selection. Neither the chair nor the vice -chair have fixed terms. The chair and vice -chair shall be annually reappointed. The duties of the chair shall be to preside at all board meetings. The vice - chair shall perform the duties of the chair in the chair's absence. The City Commission may remove the chair or vice -chair from their position at any time by majority vote of the City Commission. The City Commission may retain the board member on the board or vote to have them removed from the board completely. (c) Alternates. The City Commission shall appoint two individuals to serve as alternate members for each board. Alternate members may participate at board meetings in the place of absent board members or recused members, to the same extent as regular members. In the event a vacancy occurs on a board, the alternate shall assume the role of a regular board member for the remainder of the abandoned term or until the City Commission appoints a replacement regular member, whichever occurs first. (1) The term for alternate members shall be for one year. (2) Alternate member appointees may be reappointed. (3) Notwithstanding any other provision of city code or procedural rule, no alternate member of any city board may serve in the capacity of chairperson, vice chair, or chair pro -tem. (d) Organization. Generally, city advisory boards and committees shall be composed of seven regular members and two Page 1138 of 116 alternate members, except as may be provided for by Florida Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Boynton Beach. (e) Quorum. Four members shall constitute a quorum for each advisory board and committee with seven regular members. Where an advisory board or committee has less than seven regular members, a simple majority of regular members shall constitute a quorum. (f) Qualifications. Members serving on advisory boards and committees shall possess sufficient knowledge, experience, judgment or background necessary to competently serve the board or committee to which they are appointed. (1) In order to qualify for appointment to and to serve as a member of any board or committee of the city, an individual must be an elector of Palm Beach County, Florida. (2) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who are residents of the City of Boynton Beach, provided however, non-residents who own property in the city, own a business within the city, or serve as an officer, director or manager of a business located within the city may also qualify for appointment provided they possess qualifications or experience uniquely suited to deal with the subject matter over which the board or committee has subject matter review or power. (3) In selecting individuals to serve on boards and committees of the city, preference shall be given to individuals who do not presently serve on one of the city's boards. (4) Concurrent service on city boards and committees shall be permitted only to the extent necessary. If a board member holds a position on a board that conducts "quasi-judicial proceedings" as defined by section 27-8 herein, such member shall not concurrently serve on another advisory board that has similar quasi-judicial powers. (g) Term of service. In general, all regular member appointments shall be for a two-year period. (1) Commencement of terms. All advisory board and committee appointments shall commence at 12:01 a.m. on April 1 and shall be for a period of two years. (2) Expiration of terms. All advisory board appointments shall expire at 12:00 midnight on March 30th of their second year of appointment, except as set forth in Section 27-5 herein. The City Commission shall review applicants and fill vacancies on city boards during the month of April following the city's March Commission elections or as soon thereafter as practicable. (3) The terms of office of the board members shall be staggered so no more than one third of the board is appointed or replaced in any 12 -month period. (4) The current term of all board members whom have been appointed prior to the adoption ofChapter 27 shall continue uninterrupted until the expiration of said term. (h) Term limits. (1) No member shall be appointed for more than two successive terms (original term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two full two-year successive terms. (2) Upon completion of the maximum allowable two full terms of membership, no member shall be eligible for reappointment to the same advisory board, and committee for a period of one year unless otherwise approved by the Commission. (i) Reorganization. In the case of creation of a new board or committee or the reorganization or reconstitution of an advisory board or committee, three members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two years. Thereafter, all appointments shall be for two years. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 21-016, § 2, 6-1-21) Sec. 27-3. Frequency of meetings. Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet once a month. Special meetings may be called by the city manager or board chairman. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-4. Absences. (a) Members missing meetings. (1) When a member of any advisory board or committee that has regularly scheduled meetings once a month, has missed three regular monthly meetings for any reason within one annual board term, that member will be notified that one additional absence will cause his or her board membership to be terminated. Therefore, the fourth absence shall result in removal from the board. (2) Those boards or committees that have regularly scheduled meetings more than once a month shall be permitted to have six absences during any one annual board term. The seventh absence shall result in removal from the board by ministerial action of the City Clerk. Page 1139 of 116 (b) Excused absences. (1) A board member, to whom which any of the below mentioned instances apply, shall submit in writing to the board chairman, a request for an excused absence or absences. The board chairman shall have the power to excuse an absent board member. In the event the board chairman has excused the absence of one of the board members, the decision must be mentioned on the record at the applicable meeting. (2) An absence may be excused due to one of the following: a. Personal illness or injury; b. Illness or injury of a family member; c. Death in the family; d. Emergency; e. Maternity leave; or f. Military service. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-5. Removal; abandonment; vacancy. (a) All city board members serve at the pleasure of the City Commission and may be removed with or without cause at any time by a majority vote of the City Commission, unless otherwise provided by the Charter or Florida Statutes. (b) Notice of removal. A notice of removal shall be served upon the city board member who has been removed upon the direction of a majority of the City Commission. The notice of removal shall be prepared by the city attorney and signed by the mayor, or the city manager if so directed by the City Commission. (1) Service of notice. The notice of removal shall be served by personal delivery or by ordinary first class mail. Service shall be accomplished as soon as is practicable after the City Commission directs service of the notice of removal or, in the event of abandonment of office, after the city manager or designee issues the notice of removal. (2) Effective date of removals Removal of a city board member shall have immediate effect upon the vote of a majority of the City Commission. (3) A person who is removed from a city board pursuant to the procedures set forth in this section shall not be subject to reappointment to any city board for a period of 36 months. (c) Abandonment. In the event of abandonment of office, the notice of removal shall automatically be issued by the city manager, or designee. Seven unexcused absences shall constitute abandonment of a board seat. (d) Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the resignation or removal of a member prior to the expiration of their term, a member shall be appointed to complete the unexpired term only, unless the unexpired term is for a period of time less than six months. In that event the appointed member shall then be allowed to serve the following full regular term without reappointment. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-6. Rules and procedures. (a) Each board or committee may make and adopt by-laws, rules and regulations for their own guidance and for the government and performance of its duties. Subject to the approval, supervision and control of the City Commission and not inconsistent with law. (b) Boards shall keep minutes of their proceedings; record the vote on each question; and, keep records of their discussions, recommendations, and other official actions. (c) When a board issues an order, the order must be reviewed by the city attorney's office prior to issuance. An order is rendered when signed by the chair and city clerk. (d) All board meetings shall be open to the public. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-7. Powers. (a) Nothing in this article shall be construed as restricting or curtailing any of the powers of the City Commission, or as a delegation to the board of any of the authority or discretionary powers vested and imposed by law in the City Commission. The City Commission declares that public interest, convenience and welfare requires the appointment of the following boards or committees to act in a purely advisory capacity to the City Commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely of administrative authority. Page 1140 of 116 (b) No member of a board or committee shall receive any pay or compensation for any services rendered as a member of such board. (c) Each board shall periodically advise the City Commission of its findings with respect to certain matters delegated to each board and shall make recommendations to the City Commission on any matter referred to it within 30 days or within such time as prescribed by the City Commission by specific resolution. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-8. Quasi-judicial proceedings before city board; procedure for reconsideration of decision. (a) For the purpose of this Chapter, the term quasi-judicial proceeding shall mean hearings before the Historic Preservation Board, the Planning Development Board, or the Building Board of Adjustments and Appeals, related to the following specific types of proceedings: variances; rezoning requests; appeals from administrative decisions of the building official or the planning director; master plan approvals; site plan approvals; modifications of site plans; relief from code requirements; conditional use approvals; site plan extensions; abandonment applications; and, other land development matters announced as quasi-judicial hearings. (b) Quasi-judicial hearings shall be conducted in a manner which provides all interested parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine witnesses. Testimony shall be under oath or affirmation. When a proposed development order comes before the City Commission having first been afforded a quasi-judicial hearing before a city board, the testimony and evidence submitted to a city board constitutes part of the record of testimony and evidence before the City Commission. (c) No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the office of the city clerk. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: (1) All property owners, homeowner associations, and condominium associations that own property within 400 feet of the boundary line of the property which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no less than 10 calendar days prior to the hearing. (2) One sign for each street frontage of the property shall be posted no less than 10 days prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the city. (3) When a quasi-judicial hearing is tabled or continued at the request of an applicant, re -notice of the hearing shall be provided by the applicant in the same manner as original notice. (d) The City Commission may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider made at the meeting at which the decision was rendered or during the next regular City Commission meeting. No quasi-judicial decision shall be considered final until the conclusion of the next City Commission meeting, or if a motion to reconsider has been made and passes, the conclusion of the reconsideration of the matter, and the entry of a written order approved by the City Attorney and signed by the City Clerk. (1) When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meeting, to the applicant and the public. No additional notice of the matter shall be necessary. (2) When a motion for reconsideration is made following the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next regular City Commission meeting. If the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice provided when the item was originally considered. (3) Any board may reconsider its decision arising from a quasi-judicial proceeding only upon a motion to reconsider at the meeting at which the decision was rendered. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-9. Boards and committees to follow CCNA. Any city boards or committees and the like which have purchasing authority independent of the City Commission, the purchases of such bodies which are subject to the Consultants' Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, the board or committee, or the like will itself perform the functions set forth herein that are otherwise applicable to the City Commission. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-10-27-19. Reserved. Page 1141 of 116 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD Sec. 27-20. Membership. Appointees to the Art Advisory Board shall be residents or business owners preferably with the following background: artist, art volunteer/activist; planner; private developer; architect; neighborhood association member; interested citizen. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-21. Intent. (a) It is the intent and purpose of this article to further the commitment of the city to the aesthetic, historical, cultural and economic enrichment of the community through the creation of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and appreciate works of art. The requirements of this article shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. (b) This article shall be known and cited as the "Art in Public Places Program." (c) Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the city according to the Art Advisory Board's recommendations and guidelines. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-22. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: (1) Art, Artwork, or Works ofArtmeans tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this article: a. Reproductions or unlimited copies of original artwork. b. Art objects, which are mass-produced. c. Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site. (2) Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. (3) Arts Commission or Art Advisory Board means the advisory board established by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory Board in Ordinance 20-016. (4) Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. (5) Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the city. (6) In -fill housing means new residential units on parcels less than five acres that are not part of an approved planned unit development as defined by the city land development regulations. (7) Public Art Fund means a separate, interest bearing account set up by the city to receive monies for the Art in Public Places Program. (8) Remodeling or conversion means alterations made to a building within any 12 -month period, including, but not limited to, changes to the facade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 21-016, § 3, 6-1-21) Sec. 27-23. Art Advisory Board meetings. (a) The Art Advisory Board shall meet at an appropriate place and shall arrange a time for holding regular meetings of the Art Advisory Board, and for such other meetings as shall be necessary, and it may add to such rules of organization, regulation and procedure as it may deem necessary and determine the duties of its members and officers. Page 1142 of 116 (b) The Boynton Beach Art Advisory Board shall function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-24. Purpose and duties. (a) The purpose of the Art Advisory Board is to advise the City Commission on matters related to the arts, to develop a plan and programs to promote and support art in public places, and to recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory Board to act as an advisory board to the City Commission in providing advice on matters relating to the visual arts. (b) The Art Advisory Board may recommend funding sources including private sources and grant funds; encourage public and private partnerships in the arts; review and make recommendations on proposals for art work for public buildings and public spaces; encourage the flow of art into the city; stimulate art related activities and events; study issues related to art and implement art programs as delegated to it by the City's Commission from time to time. (c) The Art Advisory Board shall periodically advise the City Commission of its findings or proposals with respect to the foregoing issues and make recommendations to the City Commission on any matter referred to it within as much time prescribed by the City Commission. (d) The Art Advisory Board shall have the following additional powers and duties: (1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork including murals based on Art in Public Places Program Guidelines; and (6) Advance, through education and communication, the Art in Public Places Program Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 22-004, § 2, 2-15-22) Sec. 27-25. Establishment of public art fee. (a) All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $250,000 or greater, shall participate in the Art in Public Places Program by paying a public art fee. For the purpose of this section, a project will be considered "commenced" when an application for review is first submitted to the city's Development Department. The public art fee shall be equal to 1% of construction value of the project. The Building Division/Finance Department shall administer the billing and collection of the 30% or .03 of the 1% of the public art fee at the time of building permit issuance and the 70% or .07 of the 1 % prior to and as a condition of issuance of the certificate of occupancy that includes the public art. One hundred percent of the public art fees collected are to be allocated to the public art fund. All distributions for the public art fund require the recommendation of the Art Advisory Board prior to City Commission approval. (b) The following types of projects are exempt from the payment of the public art fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach building official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (4) Single-family and two-family in -fill housing. (5) Normal, routine maintenance including replacement of existing damaged or failing structural or non-structural elements, HVAC, plumbing, electric, or fire detection/suppression equipment of a project not associated with an addition, renovation or new construction. (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any existing amenity, clubhouse, building, pool, park, playground and/or common area element located within an existing private residential development. This specific exemption applies retroactively to October 5, 2005. (c) Project owners required to participate in the Art in Public Places Program may obtain reimbursement up to 70% of collected art fee if the following conditions are met: Page 1143 of 116 (1) The owner of a development agrees to follow the Art Advisory Board's recommendations to develop the art in the project; and (2) Prior to placement on the development site, has the artwork approved by the Art Advisory Board to insure that the artwork will be accessible and readily visible to the public based on location of artwork and normal traffic of vehicles/pedestrians in the proposed location; and (3) Select an artist directly to execute a project that meets specific criteria outlined by the recommendations and guidelines document provided by the Art Advisory Board or hire a professional consultant to select artists to commission site-specific, architecturally integrated artworks that meet specific art guidelines criteria outlined by the recommendations and guidelines document provided by the Art Advisory Board; or purchase artworks for permanent installation recommended by the Art Advisory Board; or elect to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Boynton Beach's public art collection. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-26. Public Art Fund. (a) There is hereby created a Public Art Fund administered by the Art Advisory Board. Funding shall consist of all contributions received from art fees for development and redevelopment. Contributions shall include 1 % of construction value on projects exceeding $250,000, any cash grants and donations to the city for public art projects from governmental or private resources, and all other funds allocated by the city through the budgetary process for the provision of public art. (b) Expenditures from the public art fund shall include but not be limited to expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public education, promotion, administration, program marketing, documentation, removal and insurance of the works of art or in relation thereto. The Art Advisory Board can recommend to the City Commission expenditures from the funds in furtherance of the Art in Public Places Program. (c) Disbursements of the public art fee shall be 70% to the construction of art in a given project and 30% for the administration of the Art in Public Places Program and a (endowment or reserve fund) for future work as described in the Art Advisory Board's guidelines and recommendations. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-27. Art Advisory Board's guidelines and recommendations. (a) Selection criteria. The art and artist selection criteria shall be in compliance with the Art Advisory Board's guidelines and recommendations. (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the City Commission revisions to the Art in Public Places Program guidelines and make the same available to the public, which shall provide guidance for program organization; organizational governance and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; mural criteria; donations; loans and memorials; collection management; and administration of the public art fund. (c) Location plan. The Art Advisory Board shall prepare, and from time to time revise, an Art in Public Places Program location plan that identifies locations and criteria for public artworks and establishes a priority order. (Ord. No. 20-016, § 10, 6-2-20; Ord. No. 22-004, § 2, 2-15-22) Secs. 27-28-27-32. Reserved. ARTICLE III. BOYNTON BEACH LIBRARY BOARD Sec. 27-33. Purpose and duties. Subject to the control and direction of the City Commission, the Library Board: (1) Shall act in an advisory capacity (non administrative) to the City Commission, to assure representation of the ideas of citizens and taxpayers of the city relative to the function and operation of municipal libraries and reading rooms in the city, and such advisory assistance shall include, but not be limited to, recommendations relative to control of expenditures of moneys collected or donated to the credit of any municipal library in this city, and the supervision, care and custody of the grounds, rooms, property and buildings constructed, leased or set aside for municipal library purposes. (2) Shall make recommendations for the appointment of a suitable librarian and assistants and their respective rates of compensation; establish regulations for the government and control of any municipal library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for failure to return any book or for violation of any by-laws or regulations of the board. (3) Shall annually in an advisory capacity assist the city manager in preparing a budget for the maintenance and expansion of municipal library facilities. (4) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the activities of the board and the Page 1144 of 116 municipal library system and make reports to the city manager and the City Commission relative thereto annually or whenever requested to do so by the Commission. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-34 - 27-38. Reserved. ARTICLE IV. PARKS AND RECREATION BOARD Sec. 27-39. Powers and duties. Subject to the control and direction of the City Commission, the Parks and Recreation Board: (1) Shall act in an advisory capacity (non -administrative) to the Recreation and Parks Department, to assure representation of ideas of citizens who are interested in promoting better recreation and park facilities and programs for the city. Such advice shall include but not be limited to site locations, development, supervision and maintenance of public recreation and parks of the city. (2) May acquire by gift or donation, any property for public recreation or park purposes. Any gifts or donations acquired shall go through the Recreation and Parks Department and shall become the property of the city, and title of any real property so acquired shall be taken in the name of the city. (3) Shall make recommendations to the city manager and City Commission, through the Recreation and Parks Director, concerning the purchase of property by the city for public recreation and park purposes, concerning the establishment, maintenance, and supervision of public recreation and parks, and concerning expenditures of the recreational and park fund hereinafter established. (4) Shall keep records and accounts of all the activities of the Board and make reports through the Recreation and Parks Department to the City Commission and city manager whenever requested to do so. (5) In exercising their powers and performing their duties as specified in this article, the Board shall act through a majority of its members and the chair of the Board is requested to sign all papers and documents requiring the signature of the Recreation and Parks Board. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-40 - 27-44. Reserved. ARTICLE V. SENIOR ADVISORY BOARD Sec. 27-45. Meetings. The board shall meet quarterly on an "as needed" basis for the transaction of business. Its meetings shall be open to the public. (Ord. No. 20-016, § 10, 6-2-20) Sec. 2746. Purpose and duties. The Senior Advisory Board shall assist the elderly in: (1) Setting up a retired senior volunteer program known as RSVP to provide services for the homebound; (2) Seeking federal and state grants to provide for services; (3) Monitor and lobby for legislation regarding the elderly; (4) Make arrangements for the medical mobile unit already in operation in Palm Beach County to bring it to the City of Boynton Beach; (5) Provide a pamphlet of available programs for seniors; (6) Provide a speakers bureau, workshops and educational meetings on topics of interest for seniors; (7) Recommend free legal programs and banking services for the homebound; (8) Provide recreation and social programs. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-47 - 27-51. Reserved. Page 1145 of 116 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD Sec. 27-52. Created. The City Commission, in accordance with the powers vested in it, merged the Children and Youth Advisory Board and the Education Advisory Board and established the Education and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory Board shall survive and be deemed merged and consolidated with the powers, duties and responsibilities of the Children and Youth Advisory Board. All previous actions of the Education Advisory Board shall survive this consolidation unless specifically revoked by the Children and Youth Advisory Board. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-53. Organization. The Education and Youth Advisory Board shall comprise seven permanent members, two alternate members and three student members. The three student members shall be appointed for a period of one year. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-54. Purpose and duties. The Education and Youth Advisory Board shall assist the city and local schools in: (1) Development of programs that promote ongoing relationships with caring adults and the recruitment of volunteers to assist students before, during and after school. (2) Formulation of long and short range programming to benefit the children and youth of the community by involving parents, the business community, civic and neighborhood organizations, including volunteer recruiting for before and after local school programs. (3) Contact community groups and businesses within the geographical boundaries of Boynton Beach for professional skills, materials, financial or education support for the schools and with the purpose of implementing programs at local schools that benefit students from Pre- K through grades and vocational schools. (4) Development of incentives and enhancements to encourage the development of safe places, including improved playgrounds at or near local schools and structured activities during non -school hours. (5) Coordinating with city's parks and recreation department to improve playgrounds at or near local schools. (6) Identification and dissemination of information on local, county, state and federal programs that provide beneficial services to children and their families. (7) Developing strategies for communicating with the School Board of Palm Beach County and its staff, advising the City Commission as to the activities of the School Board, and other federal, state and local legislative bodies which affect the needs of students, within the city. (8) Developing recommendations to the City Commission for forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Boynton Beach and with respect to proposed legislation at the state level. (9) Development of child and youth advocacy programs. (10) Developing public relations that highlight successful programs within the schools to help improve their image in conjunction with local media. (11) Coordinating with the local police department to improve safety for students before, during and after school, and to promote and enhance the relationship between children and local police. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-55 - 27-59. Reserved. ARTICLE VII. PLANNING AND DEVELOPMENT BOARD Sec. 27-60. Membership. (a) In appointing members to the Planning and Development Board, the City Commission shall give preference, when possible, to resident professionals such as urban planners, developers, realtors, and design professionals licensed in the disciplines of architecture, landscape architecture, and civil engineering. (b) Should a member of the Planning and Development Board move outside the city limits, the member shall become disqualified, and a new member shall be appointed by the City Commission. Page 1146 of 116 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-61. Functions, powers, and duties. The Planning and Development Board shall act in an advisory capacity to the City Commission by conducting investigations and holding public hearings regarding the following: (1) Ordinances, regulations, and other proposals promoting orderly development along lines indicated as desirable by the Comprehensive Plan; (2) Proposed developments and determination of conformance to the principles and requirements of the Comprehensive Plan and Land Development Regulations; (3) Changes or amendments relating to the boundaries of the city, its zoning districts, or future land use map classifications; (4) Changes or amendments to the text of the Comprehensive Plan or Land Development Regulations; (5) Other duties which may be lawfully assigned to it, or which may have a bearing on the preparation or accomplishment of the plan; (6) Project designs, aesthetics, quality, and impact upon the value of property and the physical environment of the City; and (7) The promotion of sustainable development activities. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-62 Meetings. The Planning and Development Board shall meet on the fourth Tuesday of each month unless otherwise rescheduled in connection with holidays, planned absences, or at other such times as the chairperson may determine. (1) On behalf of the board, the City Clerk shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or abstaining, indicating such fact. (2) No member shall abstain from voting unless he or she has a conflict of interest pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. (3) The records of the board shall be filed in the office of the City Clerk and shall be public records. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-63. Review of applications. Staff shall review each of the following types of applications and requests and make a recommendation to the Planning and Development Board, who shall have the authority and duty to hear and make recommendations to the City Commission: (1) Annexation; (2) Comprehensive Plan amendments; (3) Conditional use; rezoning; (4) Master Plan (new); (5) Major Master Plan modification; (6) Site Plan; (7) Site Plan time extension; (8) Major Site Plan modification; (9) Vacation and abandonment; (10) Master Site Plan (new); (11) Major Master Site Plan modification; (12) Use approval; Waiver (in PID); (13) Community Design Appeal; (14) Height exception; (15) Variance to Land Development Regulations; and, (16) Wireless communication facilities (WCF). Page 1147 of 116 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-64. Action. No action of the Planning and Development Board shall be considered a final action of the city until ratified by the City Commission. The procedure for ratification shall be as follows: (1) All matters which have been reviewed and acted on by the Board shall be summarized in writing as a proposed development order. The form of the proposed development order shall be approved by the City Attorney. (2) All proposed development orders shall be submitted to the City Commission at a regular City Commission meeting following action by the board. When a legislative item, such as a land use amendment, is consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using the quasi-judicial process, but consolidation shall not alter the legal standard for review, or the burden of proof. (3) The City Commission may table a proposed development order to ensure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. All documents and evidence that were submitted to the Planning and Development Board constitute part of the record of the proceeding before the City Commission and it is presumed that the City Commission accepted and considered the documents and evidence in its consideration of the issues before the Commission. (4) Following approval of a development order by the City Commission, the city clerk shall date and sign the development order and issue it as a final order. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-65. Terms and definitions. See Part III, "Land Development Regulations", Chapter I, "General Administration", Article II, for all applicable terms and definitions which pertain to the regulations and standards contained herein. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-66 - 27-71. Reserved. ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD Sec. 27-72. Membership. Where possible, a minimum of two members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of three additional members of the board shall be experienced in the areas of commercial development, real estate, banking or law. The two remaining members shall be citizen members at large. (1) All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. (2) Persons serving on the board are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture, or quasi-judicial boards. (3) The city may appoint a professionally qualified historic preservation planner to advise and assist the board, carry out delegated responsibilities, and undertake the requirements for certified local government certification. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-73. Meetings. The board shall hold a minimum of four meetings per year at regular intervals. All meetings of the board shall be publicly announced and will have a previously advertised agenda. The meetings shall be open to the public. (1) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity and participating fully in board discussions, but having no right to vote. (2) Summary minutes will be prepared and made available to the public after adoption by the board. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-74. Powers and duties. The board shall have the following powers and duties within the incorporated city limits of Boynton Beach, Florida: (1) The Historic Resources Preservation Board shall act in an advisory capacity to the City Commission and shall provide recommendations to the City Commission regarding the following: Page 1148 of 116 a. Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government. b. Nominations of properties and districts to the Boynton Beach Register of Historic Places. c. Adoption, modification, or replacement of a Design Guidelines Handbook. (2) To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts; (3) To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places; (4) To call upon available city staff members as well as other experts for assistance and/or technical advice; (5) To authorize a member of the board to testify before a board or committee on any matter affecting historically, culturally, archaeologically, and architecturally significant properties and resources; (6) To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers; (7) To recommend amendments or changes to these regulations; (8) To inform and educate the citizens of the city concerning the historic, cultural, archaeological, and architectural heritage of the city; and (9) To participate in survey and planning activities of the certified local government; (10) To coordinate with the State of Florida's Division of Historical Resources Certified Local Government Program by satisfying the following requirements: a. The State Historic Preservation Officer shall be given 30 calendar days prior notice of all meetings and within 30 days following such meetings shall be provided with the minutes and record of attendance of the Historic Resources Preservation Board and the public. b. The State Historic Preservation Officer shall be notified of any change of Historic Resources Preservation Board members within 30 days of their appointment. c. Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations. d. Submit amendments to the ordinance to the State Historic Preservation Officer for review and comment at least 30 days prior to adoption. e. Submit an annual report by March 1 covering activities of the previous October 1 through September 30 and shall include the following information: 1. A copy of the Rules of Procedure; 2. A copy of the Historic Preservation Ordinance; 3. Resumes of the Historic Resources Preservation Board members; 4. Changes to the Historic Resources Preservation Board membership; 5. New local designations and National Register listings; 6. A review of survey and inventory activity with a description of the system used; 7. A program report on each grant -assisted activity; and 8. Number of projects reviewed. (11) To undertake any other actions or activity necessary or appropriate to the 81 implementation of its powers and duties or to implementation of the purpose of these Regulations. (Ord. No. 20-016, § 10, 6-2-20) Secs. 27-75 - 27-79. Reserved. ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS Sec. 27-80. Powers and duties. Pursuant to F.S. § 553.80, as may be amended, the Florida Building Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to hear appeals of decisions and interpretations of the building official and consider variances of the Florida Building Code and other technical Page 1149 of 116 codes. See Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017). (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-81. Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-82. Membership. Board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-83. Appeals. Decision of the building official The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustments and Appeals whenever any one of the following conditions are claimed to exist: (1) The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (2) The provisions of this code do not apply to this specific case. (3) That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. (4) The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-84. Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: (a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. (b) That the special conditions and circumstances do not result from the action or inaction of the applicant. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. (d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. (e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-86. Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. Page 1150 of 116 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-88. Procedures. (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. (1) Rules of evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. (2) Testimony. Any member of the board or the attorney representing the board may inquire of, or question, any witness before the board. Any member of the board, the petitioner or his or her attorney, and/or the building official shall be permitted to inquire of any witness before the board. The board may consider testimony presented by the building official, the petitioner, or any other witness. (b) Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. (c) Local Construction Regulation Board. The local government may also utilize this board to convene as the Local Construction Regulation Board (LCRB), as provided in F.S. § 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-89. City Commission. (a) Local Planning Agency. The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the Local Government Comprehensive Planning Act, having the general responsibility for overseeing a comprehensive planning program and the preparation and amendment of the Comprehensive Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said Act. (b) Finality and review. All decisions of the Planning and Development Board shall be advisory to the City Commission. Once final, a decision may be reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. (Ord. No. 20-016, § 10, 6-2-20) Secs 27-90 - 27-94. Reserved. ARTICLE X. APPEALS Sec. 27-95. Administrative official. (a) Eligibility. Appeals of a decision of an administrative official may be taken by any person aggrieved, or by any officer, board, or bureau of the governing body affected by any decision of an administrative official under any ordinance enacted Page 1151 of 116 pursuant to the land development regulations (b) Filing. Appeals of a decision of an administrative official, excluding the building official, shall be filed within 15 calendar days after rendition of the order, requirement, decision, or determination made by the administrative official. For appeals of a decision made by the building official, the notice of appeal shall be in writing and filed within 30 calendar days after such decision is rendered. When necessary, a current certified survey and a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or other material constituting the record upon which the action was taken shall be collected by the administrative official and, together with the completed appeal, forwarded to the appropriate appeal board for placement on the board's next available agenda. (c) Stay of work. Upon posting of acceptable surety (see Chapter 2, Article III, Section 6) by the appellant in an amount equal to 110% of the potential costs of delays and damages as certified by a design professional, all work on the premises and all proceedings in furtherance of the action appealed will be stayed, unless the administrative official from whom the appeal was taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (d) Assignment of appeals. The City Commission or the Building Board of Adjustments and Appeals shall review all appeals. The assignment of each is as follows: (1) City Commission. The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land development regulations, except for that which is identified below. (2) Building Board of Adjustments and Appeals The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the building official or the floodplain administrator, as applicable, in his or her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one of the following conditions are claimed to exist: a. The building official or the floodplain administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; b. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case; c. That an equally good or more desirable form of installation can be employed in a specific case; or d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. e. An application made by the owner or tenant of a property which operates as a group home is denied. The Building Board of Adjustments and Appeals shall convene within 30 calendar days of the date that a written appeal is filed with the city. If the Building Board of Adjustments and Appeals is unable to convene within 30 days, the appeal may be heard by the city's magistrate and the matter will be added to the agenda of the next available code enforcement hearing date. (e) Hearing of appeals. The City Commission or Building Board of Adjustment of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person, by agent or by attorney. (f) Review of administrative orders In exercising its powers, the City Commission or theBuilding Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end, shall have all the powers of the officer from whose action is being appealed. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board or commission is required to pass. (g) Indemnification. In the event a claim or lawsuit is brought against the city, its officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold harmless the city, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out of or relating to the appeals from decisions of an administrative official whether the appellant is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and expenses incurred by the city, its officers, employees, servants or agents in connection with such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any of the city's immunities provided for in F.S. § 768.28. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-96. Building Board of Adjustments and Appeals. (a) Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may be taken by any aggrieved party affected by a board decision. (b) Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court within 30 calendar days after rendition of a board decision. Page 1152 of 116 (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-97. City Commission. (a) Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved party affected by a City Commission decision. (b) Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court within 30 calendar days after rendition of the City Commission decision. (Ord. No. 20-016, § 10, 6-2-20) Sec. 27-98. Withdrawal or denial of appeal. (a) Refiling after denial. Upon denial of an application for relief hereunder, in whole or in part, a period of one year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. (b) Refiling after withdrawal with prejudice. Upon the withdrawal of an application, in whole or in part, a period of six months must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof, unless, however, the decision of the applicable advisory board is without prejudice; and provided that the period of limitation shall be increased to a two-year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. (c) Refiling after withdrawal without prejudice. An application maybe withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the Building Board of Adjustments and Appeals and filed with the board at least one week prior to any hearing scheduled concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. When an application is withdrawn without prejudice, the time limitations for re-application provided herein shall not apply. No application may be withdrawn after final action has been taken. (Ord. No. 20-016, § 10, 6-2-20) Page 1153 of 116 13.A. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding installing a coral reef at Oceanfront Park, requested by Commissioner Turkin -May 2, 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1154 of 1165 Requested Action by Commission: Consider revised local rules for approval. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 13. B. Future Agenda Items 4/18/2023 Page 1155 of 1165 13.C. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1156 of 1165 13. D. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding future cemetery lots in Boynton Beach, requested by Commissioner Hay - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1157 of 1165 13. E. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion for Ordinance regarding tints for paraphernalia shops, requested by Commissioner Turkin - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1158 of 1165 13. F. Future Agenda Items 4/18/2023 Requested Action by Commission: Look into lowering or waiving arts impact fees for small businesses, requested by Commissioner Turkin- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1159 of 1165 13. G. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding changing minimum requirements for traffic studies, requested by Commissioner Turkin- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1160 of 1165 13. H. Future Agenda Items 4/18/2023 Requested Action by Commission: Update regarding speedbumps throughout the City, requested by Commissioner Turkin-TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1161 of 1165 13.1. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding bringing more jobs to the City at former ToysRUs site, requested by Commissioner Turkin.- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1162 of 1165 13.J. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding Ordinance for minimum sized units, requested by Commissioner Cruz -TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1163 of 1165 13. K. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding Ordinance for giving preference to local businesses for contracts, requested by Commissioner Cruz -TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1164 of 1165 131. Future Agenda Items 4/18/2023 Requested Action by Commission: Discussion regarding housing for the homeless in the City, requested by Commissioner Hay -TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1165 of 1165