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Agenda 04-20-21The City of Boynton Beach City Commission Agenda Tuesday, April 20, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 830 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. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: 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 prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on April 20, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 2 of 830 number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. 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 Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 830 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Commissioner Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Presentation on Town Square from E2L Real Estate Solutions, LLC. B. Update on the Naming Rights Campaign from Charlotte Pelton & Associates. C. Listen to presentation of the City's 2020 Comprehensive Annual Financial Report by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter & Veil. D. Announcement by the Development Department regarding the implementation of a new electronic permitting solution called SagesGov that will "Go Live" to the public in May 2021. E. Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Hospital at the Ezell Hester Center on Saturday April 24, from 9am-3pm. F. Proclaim Friday, April 30, 2021 as Arbor Day. Rebecca Harvey, Sustainability Coordinator will accept the Proclamation. G. Proclamation recognizing May 1, 2021 as Global Love Day. H. Proclaim the Month of April as Autism Awareness and Inclusion Month, recognizing Love Serving Autism's contributions to the City of Boynton Beach. Lisa Pugliese -LaCroix, Love Serving Autism Founder, will accept the proclamation. Proclaim the month of April as Celebrate Diversity Month. Vice Mayor Penserga will accept the proclamation. 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. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Discussion of revisions to Advisory Board Ordinance C. In accordance with Ordinance 20-016 Sec. 27-2 Selection of Chair and Vice Chair, the chairperson and vice -chairperson for each board shall be selected by majority vote of the City Page 4 of 830 Commission. 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. 6. Consent Agenda 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. Approve minutes from the City Commission meeting on March 16, 2021. B. Approve revisions to the Fiscal Year 2020-2021 approved Utility Capital Improvement Plan. C. Accept surtax capital project status and Cl P amendment report (Fund 303) for the the 2nd Quarter of fiscal year 2020-2021 (January through March 2021). D. Accept staffs report/presentation of construction and engineering contracts over $500,000 over the past five (5) years. E. Accept the written report to the Commission for purchases over $10,000 for the month of March 2021. F. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 20, 2021- "Request for Extensions and/or Piggybacks." G. Proposed Resolution No. R21-039 - Approve the piggy -back of the City of Boca Raton Banking Services RFP No. 2013-030 and authorize the City Manager to sign the new Agreement between the City and Bank of America; the Umbrella Agreement and the Acceptance of Treasury Services. H. Proposed Resolution R21-040 - Authorize the City Manager to execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services. Not to exceed amount of $25,000.00. 1. Proposed Resolution No. R21-041 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. 7. Consent Bids And Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 20, 2021 - "Request for Extensions and/or Piggybacks." B. Approve piggyback of City of Sunrise bid #19 -17 -12 -HR; Roof Repairs for the replacement of a portion of the Utilities Administration Building roof by Advanced Roofing, Inc. and authorize staff to issue a purchase order in the amount of $182,582.00 with the same terms, conditions, specifications and unit pricing. The City of Sunrise bid satisfies the City's procurement requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-014 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Page 5 of 830 Use Low (MXL). City -initiated. Proposed Ordinance No. 21-015 - First Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. B. Proposed Ordinance No. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article II, Definitions, and Article V, Housing Initiatives, Section 2, Workforce Housing Program. (Tabled to May 4, 2021) 9. City Manager's Report A. Discussion of the 2021 4th of July Event. B. Discuss options for a Voluntary Sustainability Payment Program for City residents and Utilities customers. 10. Unfinished Business A. J KM Developers, LLC has provided the attached monthly update for the City Commission. 11. New Business A. Mayor Grant and Commissioner Hay requested a discussion regarding adding names to the monument at Heritage Park. 12. Legal A. Proposed Ordinance No. 21-011 - Second Reading - Approve Ordinance Amending Chapter 23 entitled "TAXATION, ASSESSMENTS AND FEES" to create a new Article VI, entitled "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT" B. Proposed Ordinance No. 21-12 - Second Reading - Approve ordinance amending Chapter 15, "Offenses -Miscellaneous" of the Code of Ordinances, by creating a new article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance." C. Proposed Ordinance No. 21-013 - Second Reading - Approve proposed amendments to Ordinance No.01-66, Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive bidding" and Section 2-56.1 "Exceptions to competitive bidding amending purchasing threshold language. D. Proposed Resolution R21-042 - Approve and authorize City Attorney to finalize Covenant in Lieu of Unity of Title documents per Isram Riverwalk LLC request and for the City Manager and/or Mayor to sign. 13. Future Agenda Items A. Legislative Update from State Senator Lori Berman and State Representative Joe Casello - May 4, 2021 B. ILA for Sara Sims Park Pavilion I mprovements - May 18, 2021 C. Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — May 2021 D. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - May 2021 E. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 F. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 Page 6 of 830 G. Discussion on funding for expanding W i-Fi to City parks. - May 2021 H. Approval of Lease Agreements for City Hall I nnovation Space and Cafes Operators - May 2021 1. Ordinance regarding automatic reversion back to previous zoning if a property is rezoned for planned development and then is not developed. - June 2021 J. Monuments on City Property - June 2021 K. Mayor Grant requested information on the water quality of canal systems within the City. - June 2021 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 830 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Commissioner Hay 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 4/20/2021 Page 8 of 830 Requested Action by Commission: Informational items by Members of the City Commission 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: 2.A. Other 4/20/2021 Page 9 of 830 3.A. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Presentation on Town Square from E21L Real Estate Solutions, LLC. 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 ttaclhtirTIENI'lt Description E 2II..... IFlitEsSEsir':tatlioir: Page 10 of 830 i 0 N 0 V N O N O N QL Q 0 M co O N O) co O V '- m E O O a-+ V O c� m %�= cr O CA i 0 N 0 V N O N O N QL Q 0 M co O N O) co 0 M co O N_ N co d w►. •, 00 too ,,, C CL) r4 - „� . �IlllrLn '.... 1 • Ln CL CC .w Ln x r ♦. 1; o w w 1 CL ♦ ♦ + too •', N •r • C w > •. CL CL w c M y y, *� N y w: w • �1 4a 4a 4-0 w ro- cr UJ r r * rui r� r ♦.. N r • r. 0. 4ar, cc • • r CL CL • " 1 N,U.' 4-0 r, to CA to 0 Lm ♦. C U. 0 M co O N_ N co d L 4-J U L s ri, 0 x a� wii Lm m V 06 Lma L V Lm m V 06 Lma 0 Lm 0 a� W V � 00 LA 4 y- 4-J W M CO 41 E � V N :3 � r w t 4a L 0 L cu On c O 4u 4u O w L O cu W 0 M co O 0) N co / 0- c O LA cu V O M 4-0 E 4-0 L �s O o V O m 4-0 r > m4-0 %- i c� aN tw V i- .- � tw L m 0 r - O CA L N W W E Q c 3.B. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Update on the Naming Rights Campaign from Charlotte Pelton & Associates. 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 ttach irTIENI'lt Description Chairlk)ttE) IPE) lt()11': & a:>W:>ocia tE)S IRE)p irk suit: INa irniir g Rights Ca irnpaligin Page 46 of 830 CHARLOTTE PELTON & ASSOCIATES, INC. PLANNING I MARKETING FUNDRAISING Memo To: Lori LaVerriere and the Boynton Beach City Commission From: Charlotte Pelton, President, Charlotte Pelton & Associates CC: Suzanne Ross, Executive Director, Boynton Cultural Centre, Inc. Kathryn Matos, Assistant City Manager Date: April 14, 2021 Re: Town Square Campaign Status Report as of April 14, 2021 Donations and Pledges to date: o Thirteen gifts to the campaign have been made to date, totaling $413,600. o One of the gifts is an in-kind donation of office furniture. o One gift was paid directly to the library. Summary report to date: Charlotte Pelton & Associates, Inc. (CP&A) was contracted in March 2019 to provide fundraising services for the planning and implementation of a campaign to raise philanthropic support for the public serving elements of Town Square. These components include the Schoolhouse Children's Museum, the Boynton Beach Public Library, the restored historic 1927 Boynton Beach High School / Boynton Beach Arts & Cultural Center, specific public spaces within City Hall, the outdoor amphitheater, the Innovation Centre (incubator), new playgrounds, public art, and a Boynton Beach History Trail that will bring to life those historical people, places and events that make Boynton Beach truly unique. The purpose of this endeavor is to provide funding above and beyond what the budget of the City can provide, and in the case of the Schoolhouse Children's Museum, to provide for much needed new exhibits. Benefits for donors to the campaign include donor recognition through naming opportunities and other donor -driven strategies aimed at addressing unmet capital and programming needs within Town Square. Charlotte Pelton, Michaela Kennedy and Mary Lewis Moews comprise the CP&A team, with research and writing support from additional CP&A staff members. Most of our efforts in 2019 focused on the creation of a comprehensive package of campaign materials that provide prospective donors with a clear understanding of each of these Page 1 Page 47 of 830 aforementioned elements, along with their associated donor naming opportunities. In addition, we met with numerous individuals, including city business, civic, and public leaders, to gather names of those who might be interested in joining a leadership team to promote this effort. We were fortunate to recruit 15 people who agreed to join these efforts to provide their own support and advocate for the campaign. See pages four and five below for the complete list to date. The Town Square Capital Campaign was put on indefinite hold in March of 2020, due to the COVID-19 pandemic and closure of citywide buildings and gatherings. After a five-month hiatus and conversations with city staff and Suzanne Ross, we were once again retained to continue the Town Square Capital Campaign (August 1, 2020 restart date). As you are now aware, during those months of campaign hiatus, construction continued, as did campaign conversations, with the following results/changes: • Most areas of the project have now opened with full Certificates of Occupancy (CO), or temporary COs. • Specific naming opportunities related to the Amphitheatre and surrounding area have been identified and added to the campaign naming opportunities. • The Boynton Beach History Trail has renewed enthusiasm from Harvey Oyer and the initial brochure and promotional video are complete. • Twenty-six (26) benches, located throughout the Town Square site, have been added to the campaign naming opportunities, and to -date six benches have been named. • In-person prospect meetings are less popular with prospective donors due to concerns about COVID-19. To alleviate this fear of in-person contact among some prospective donor, we created several video "virtual tours" highlighting the different facilities and amenities. • We have been using the videos to promote the project to several key groups, such as the Business Development Board's Economic Development Committee, the Boca Chamber of Commerce, and South Florida Senior Deaf Citizens. We have also been using these virtual tours to engage individual donors, and encourage them to come private, in-person tours. Page 2 Page 48 of 830 APPENDIX A Detailed Report on the Scope of Work Donations and Pledges to date: o Thirteen gifts to the campaign have been made to date, totaling $413,600. The Town Square Capital Campaign includes three partners — City of Boynton Beach, Boynton Cultural Centre, Inc., and EL2 Real Estate Solutions LLC. Since the restart of the campaign, regular meetings with Boynton Beach city leaders have occurred weekly, bi- weekly or monthly, and have included Suzanne Ross, Lori LaVerriere, Andrew Mack, Kathryn Matos, Eleanor Krusell, Craig Clarke, Diane Valentini, Glenn Weiss, and Kelley and Mark Hefferin. Case for Support and Related Campaign Materials: o Completed: ■ Five video tours of the Boynton Beach Town Square project. These campaign videos allow ease of communicating the campaign, regardless of a prospective donor's willingness or ability to meet in person to discuss the campaign ■ Schoolhouse Children's Museum ■ Art & Cultural Center ■ Boynton Beach Library ■ Public Places & Gathering Spaces ■ History Trail ■ Case for Support ■ Five campaign brochures and one Town Square project overview brochure to explain the project and ways to give to the campaign • Schoolhouse Children's Museum • Art & Cultural Center • Boytnon Beach Library • Downtown Boynton Beach - a.k.a. Public Places & Gathering Spaces • History Trail ■ Naming Opportunities ■ Pledge form ■ Campaign Gift policies and procedures ■ Campaign acknowledgements and communications Related Campaign Materials In Process: o Marketing video/ 1 compilation video o Finalizing Boynton Beach History Trail naming opportunities o Finalizing Amphitheater insert and naming opportunities o Frequently Asked Questions Page 3 Page 49 of 830 Donor/Funder Research o Ongoing ■ An "Internal Campaign" letter was mailed from Mark and Kelley Hefferin in early March to contractors on the project, asking that these vendors join his firm in supporting the campaign with capital gifts. As a result of this mailing, vendor JC White has made a donation of furniture with a value of approximately $35,000 to the Town Square Cultural Center. ■ He, his wife Kelley, and Charlotte Pelton are in the process of following up with each vendor/subcontractor to whom a letter was written. ■ A proposal has been prepared for a prospective major donor, and we are working with that prospect's representative to move the conversation forward, with a goal of having the prospect tour in the coming month(s). The donor representative has already come for a personal tour of the project. ■ We have had an initial meeting with Baptist Health South Florida, and are confirming a second meeting and site tour. ■ We have received a list of the City's banking and financial institution contacts, and have made initial contacts to secure meetings. ■ Now that we have a better sense of characteristics of the public sector elements that might appeal to local foundations, we are fine-tuning our grant research and will report on that in our next written communication. ■ Letters were sent to all Leadership Team members and we are currently following up with Leadership Team donations ■ A third meeting with potential donors for the History Trail is scheduled for later this week Campaign Recruitment and Organization o We have hosted three Zoom meeting for the Campaign Leadership Committee, the most recent one on April 14. The committee is energized and working with us to identify prospective donors and opportunities to spread the word to groups. ■ Past and recent presentations include: • 1/28/2021- The Boca Raton Chamber of Commerce — Government Affairs Committee • 2/19/2021— Boynton Beach Town Hall Meeting • 3/16/2021— Business Development Board of Palm Beach County • 3/18/2021- South Florida Deaf Senior Citizens • 4/14/2021- Leadership Team Meeting • 4/15/2021— School House Children's Museum Board Meeting • 4/20/2021— City of Boynton Beach Commission Meeting • 4/23/2021— Prospective Donor Meeting o We continue to recruit individuals for the Campaign's Leadership Committee and have confirmed the following people: ■ Josh Adams ■ Brian Edwards ■ Elsa DeGoias ■ Eugene Fagan Page 4 Page 50 of 830 ■ Kelley Hefferin ■ Mark Hefferin ■ Jennifer Jager ■ Rob Jager ■ Troy McLellan ■ Megan Murphy ■ Keith O'Donnell ■ Harvey Oyer ■ Phillip Parker ■ Jennifer Percival ■ Jonathan Porges ■ Danielle Vennett ■ Beth Wagmeister Volunteer and Prospective Donor Engagement o We have resumed engagement of these volunteers and prospective donors, and begun site tours: ■ Tours completed: o Harvey Oyer 9/24/2020 o Brian Edwards 10/19/2020 o Cara MacVane — 2/10/2021 ■ Met with Glenn Weiss, Art in Public Place Manager, on February 19, 2021 ■ Campaign Team attended the Kinetic Art Exhibition Opening on March 2, 2021 ■ Meeting with the new Chairman of the Greater Boynton Beach Foundation, Eugene Fagan. ■ Meetings and introductions will continue through the spring as we cultivate leads from the Campaign Leadership Committee. It is not the intention to hold regular committee meetings, as we prefer to use their time assisting us with one-on-one meetings with individuals who can bring something to the project. Our next full committee meeting is scheduled for August 2021. ■ Kelley and Mark Hefferin have been leading the Internal Campaign, engaging in personalized follow up with various vendors that have worked on the construction project to coordinate a collective naming opportunity. ■ Met with City Managers to determine which vendors need to be included in the internal campaign, such as banks, insurance providers, accounting firms, etc. and has started reaching out to those contacts ■ Presented at the Deaf Town Hall Zoom Meeting with Debbie Majors and Beth Wagmeister to reach out to the ADA inclusion communities and their supporters. ■ Toured with Harvey and Christian and Rob Macoviak who are considering a family naming opportunity in honor of their father. Campaign Events and Activities - Due to COVID-19, we are cautiously starting to consider planning some in-person events as safety protocols and confidence within the community will allow. o We will continue to look at possible campaign event opportunities for small gatherings (no more than 10 guests) until larger events can resume at the direction of the City. Page 5 Page 51 of 830 3.C. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Listen to presentation of the City's 2020 Comprehensive Annual Financial Report by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter & Veil. Explanation of Request: The City's a)dernal auditing firm Caler, Donten, Levine, Cohen, Porter & Veil, P.A. have completed the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2020. Attached to this agenda are the final financial statements and reports. 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: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description CA1:::]:R Flacka gE) �::: aa�asirir:a ir:a:as IRE)p irk Page 52 of 830 Comprehensive Annual Report Financial 'aw'"g F111" r / rr r / / %9 rr( ,,,rr r%, ,r"r�r/r i1lr,n� ri0'Sb1 011 1n1�'� ! � I _Amerive"s Gateway to the Guysbream C, OF, BOYNTON BEACH, FLORID "FOR IF ISSCAL Y EAR ENDED ISSEPTEMBER 309,3020 Page 53 of 830 C"', IUI VIII IIIIIIIIpIIIU IIII IIIIIInIIU III VIII U (IIII III IIIIIUII IIIA IIII C IIIIIIIIIIIII 411111U IIIIIIIIB pllll L. 111111 COMPREHENSIVE ANNUAL FINANCIAL REPORT F:::! DUI , T1°°1111111„ .III IAC D IIID DUI .111 VIII B[ SEP 1 111111 IIII Null , 2020 n IIID 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 Prepared by Do, °artn7ent ofFinandal Servkes iiia III...... Flu euiiiii IIID a I1131iiii�le r of 11::::,'1r'ian611a1 Services Page 54 of 830 Table of Contents I —INTRODUCTORY SECTION TransmittalLetter............................................................................................................................................................1-1 Electedand Appointed Officials.......................................................................................................................................1-11 OrganizationalChart........................................................................................................................................................1-12 Mapof the City of Boynton Beach...................................................................................................................................1-13 Certificate of Achievement for Excellence in Financial Reporting...................................................................................1-14 II — FINANCIAL SECTION IndependentAuditor's Report.........................................................................................................................................11-1 Management's Discussion and Analysis..........................................................................................................................11-4 BASIC FINANCIAL STATEMENTS Government -wide Financial Statements Statementof Net Position........................................................................................................................................II-14 Statementof Activities.............................................................................................................................................II-15 Fund Financial Statements Governmental Funds: BalanceSheet........................................................................................................................................................11-17 Reconciliation of the Fund Balance of Governmental Funds to the Statement of Net Position of Governmental Activities.....................................................................................11-18 Statement of Revenues, Expenditures, and Changes in Fund Balance.................................................................11-19 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balance of Governmental Funds to the Statement of Activities of Governmental Activities..........................................................................................11-20 General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual..................................................................................................11-21 Boynton Beach CRA Special Revenue Fund Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual....................................................................11-23 Proprietary Funds: Statementof Net Position.....................................................................................................................................11-24 Statement of Revenues, Expenses, and Changes in Net Position.........................................................................11-26 Reconciliation of the Total Enterprise Funds to the Government -wide Statements of Business -Type Activities...............................................................................11-27 Statementof Cash Flows.......................................................................................................................................11-28 Fiduciary Funds Pension Trust Funds": Statement of Fiduciary Net Position.....................................................................................................................11-30 Statement of Changes in Fiduciary Net Position...................................................................................................11-31 Notes to the Financial Statements..............................................................................................................................11-32 Required Supplementary Information Pension Information: Schedules of Changes in the Net Pension Liability and Related Ratios.................................................................11-80 Schedules of City Contributions............................................................................................................................II-86 Notes to Schedules of City Contributions.............................................................................................................11-88 Schedules of Investment Returns..........................................................................................................................11-89 Other Postempjgymme—nt.Benefits Information,: Schedule of Changes in the Total OPEB Liability and Related Ratios...................................................................11-90 Page 55 of 830 Table of Contents (Continued) II — FINANCIAL SECTION (Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS (Continued) Non -Major Governmental Funds (Continued) Community Improvements Fund BalanceSheet....................................................................................................................................................II-130 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit)................................................II-131 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budget and Actual ..............II -132 Green Buildin, Fund BalanceSheet....................................................................................................................................................11-133 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-134 Puhlir Art Fund BalanceSheet....................................................................................................................................................II-135 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit)................................................11-136 Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) — Budget and Actual ..............11-137 Recreation Proram Fund BalanceSheet....................................................................................................................................................II-138 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-139 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual ............................11-140 Boymton Beach Memorial Park Fund BalanceSheet....................................................................................................................................................11-141 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-142 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual ............................II -143 Community Services Fund BalanceSheet....................................................................................................................................................II-144 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-145 Public Service Tax Debt Service Fund BalanceSheet....................................................................................................................................................11-146 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-147 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual ............................II -148 Boynton Beach CRA Debt Service Fund BalanceSheet....................................................................................................................................................11-149 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-150 General Capital Improvements Fund BalanceSheet....................................................................................................................................................II-151 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-152 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual ............................11-153 Parks & Recreational Facilities Fund _......._......_ �._ BalanceSheet....................................................................................................................................................II-154 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-155 Bo ntoneachCRA BondPro(ectsITFundBITIT.Balance Sheet ..................................., ...............................................................................................................I1-156 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-157 Local Government Surtax „Im,rovement Fund BalanceSheet....................................................................................................................................................11-158 Statement of Revenues, Expenditures, and Changes in Fund Balance..............................................................11-159 Page 56 of 830 Table of Contents (Continued) III,-STATISTICALSECTION JCqptjpyedj, Revenue Capacity Assessed Value and Estimated Actual Value of Taxable Property...............................................................................III-13 Property Tax Rates — Direct and Overlapping Governments........................................................................................III-15 Ten Principal Property Taxpayers.................................................................................................................................III-16 Property Tax Levies and Collections.............................................................................................................................III-17 Debt Capacity Ratios of Outstanding Debt by Type.............................................................................................................................III-18 Ratios of General Bonded Debt Outstanding...............................................................................................................III-19 Direct and Overlapping Governmental Activities Debt................................................................................................III-20 LegalDebt Margin Information....................................................................................................................................III-21 Pledged Revenue Coverage — Water & Sewer Bonds...................................................................................................III-22 Pledged Revenue Coverage — Public Service Tax Bonds...............................................................................................III-23 Demographics and Economic Information Demographic and Economic Statistics.........................................................................................................................III-24 PrincipalEmployers......................................................................................................................................................III-25 Operating Information Full -Time Equivalent City Government Employees by Function..................................................................................III-26 Operating Indicators by Function/Program.................................................................................................................III-27 Capital Asset Statistics by Function/Program...............................................................................................................III-29 IV— COMPLIANCE SECTION Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards.............................................................IV-1 Schedule of Expenditures of Federal Awards..................................................................................................................IV-3 Notes to Schedule of Expenditures of Federal Awards....................................................................................................IV-4 Independent Auditor's Report on Compliance for Each Major Federal Program and on Internal Control Over Compliance Required by the Uniform Guidance...........................................................IV-5 Schedule of Findings and Questioned Costs — Federal Award Programs.........................................................................IV-7 Summary Schedule of Prior Audit Findings......................................................................................................................IV-9 Management Letter Required by the Rules of the Auditor General for the State of Florida.......................................................................................................................IV-11 Independent Accountant's Report on Investment Compliance Required by the Rules of the Auditor General for the State of Florida............................................................................................IV-14 Page 57 of 830 Page 58 of 830 To the Honorable Mayor, Members of the City Commission, Citizens of Boynton Beach, Florida The Financial Services Department is pleased to submit the Comprehensive Annual Financial Report of the City of Boynton Beach, Florida for the Fiscal Year ended September 30, 2020. The report fulfills the requirements set forth in Chapter 166.241 of 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, Caler, Donten, Levine, Cohen, Porter & Veil, P.A., Certified Public Accountants, have issued an unmodified ("clean") opinion on the City of Boynton Beach's financial statements for the year ended September 30, 2020. 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 Comprehensive Annual Financial Report is to assist the City in making service, financial and budgetary decisions to assist in assessing accountability to the City Commission, citizens, 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 59 of 830 International University, Palm Beach Atlantic University, Palm Beach State College and the University of Miami. 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. Robust Local Economy: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. The top 6 Priorities for the City are: • 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: Foster long-term economic security for all demographics by strengthening locally rooted and held businesses. • 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 a high quality of life. Page 60 of 830 Short Term City Based Priorities The Enterprise Resource Planning (ERP) system integrates finance, HR, services, procurement, and other processes into a single system providing intelligence, is under review for an upgrade or replacement. The Development and Planning division within the City will deploy a new electronic personnel tracking software (approximate cost of $700,000) to provide a better customer experience and improve internal processes. The City continues to enhance its tools for business attraction, expansion, and retention. This year, we are developing an outreach brochure for businesses to know who to contact in the City for services and a workshop on How to Do Business with the City. These businesses will have access to infrastructure information and communication technologies, and access to business services, finance, mentoring, and coaching. In turn, they will enable job and small enterprise creation, as well as the commercialization of innovation. The City has budgeted $50,000 annually to provide funding for Boynton Beach technological, entrepreneurial, and small business incubators/accelerators to undertake startup activities. The City provided $50,000 in grants to Entrepreneurs and Business Incubators to focus on the empowerment of women, youth technology and enterprise development. The Incubators will grow into a downtown district and possibly begin using the business incubator space available in City Hall. We will continue our Neighborhood Sustainability program that provides for a comprehensive interdepartmental response to community blight and continue to make the City's beautification a priority while considering the diversity of its residents. Enhancements will be incorporated into a Community Standards Code rewrite. 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 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. Traffic calming has helped to increase the quality of life in urban, suburban, and rural areas by reducing automobile speeds and traffic volumes on neighborhood streets. The implementation of traffic calming on residential streets is illustrative of the tools that traffic engineers and planners can use to meet broader societal needs to facilitate the safe and efficient movement of all street users. The City is developing traffic calming strategies as an integral part of complete streets and other bicyclist/pedestrian-related projects that focus on increased transportation options and improved mobility for our communities. The City has consistently established an annual street maintenance capital improvement budget ranging from $750,000 to $3,500,000. The City is ensuring an inclusive and cultural identity and has implemented a Citywide Comprehensive Branding through our Marketing/Communication department. Page 61 of 830 Over the last fiscal year, the City has experienced a renaissance in development throughout the City. Projects such as Riverwalk, Alta at Cortina, The District, Cortina #3, Town Square, Martin Luther King Corridor, and Ocean Breeze East have all contributed to economic growth in the form of new residential, including affordable, and commercial development. The total construction value for these projects during the last fiscal year was over $434,000,000. The City collected over $10,000,000 in permit and administrative fees because of these projects over three years. This increase in development has had a tremendous effect on the City's local economy, land value, and has increased the tax base. These projects align with the City's Strategic Plan, to support citywide development projects, and City Priorities: Culturally Distinct Downtown, Building Wealth in the Community, Transportation and Mobility, High Performing Organization, Public Health and Safety, and Environmental Sustainability. The City identified Pension Reform as a project to promote long-term financial sustainability under our strategic pillar of a High Performing Organization. The project started with engaging a consultant to analyze the current state of our three employee group pension plans: Firefighters, Police, and General Employees. The consultant helped guide the City on specific aspects of the respective plans that could be modified to decrease the City's unfunded liability, balanced with maintaining a valuable benefit for retired employees. The City's Executive Team then prepared scenarios, which were presented to the employee groups during negotiations of their collective bargaining agreements. The agreed upon scenarios were submitted to an actuary, who projected that the implemented plan changes would result in over $5,500,000 in direct savings to the City and achieve fully funded pension plans within the next thirty (30) years. FY 2019-20 Achievements The COVID-19 Pandemic hit the City's small business community extremely hard. As a city of small businesses, the City knew we had to help in any way we could. The Department of Economic Development and Strategy repurposed funds dedicated to build -out and rent reimbursement grants and created a new forgivable loan program to assist small businesses in critical need. The loan funds had to be used for either payroll, utilities, or commercial rent/mortgage expenses. If businesses were able to demonstrate compliance with the program and that the loan was used towards payroll, utilities, or rent/mortgage expenses within four (4) months of the loan date, the loan will be forgiven, and the business will not be required to repay the loan. The City was able to provide 14 small businesses with a $3,000 forgivable loan for a total cost of $42,000. These funds went directly toward keeping workers employed and helping small businesses stay open during the pandemic. One of the key objectives of the City's Strategic Plan Priority, Building Wealth in the Community, is small business assistance. The City's Department of Economic Development and Strategy awarded $30,000 in grants to entrepreneurs and business incubators that focus on the empowerment of women, minority, and youth enterprise development. Business incubation is a tool for the creation of a competitive small business sector by providing start-up and early-stage businesses with access to expertise in business development, data and information technology, and services such as financial management, mentoring and coaching during their critical start-up period. They have enabled job and small enterprise creation, as well as the commercialization of innovation that creates social value. The core objective of this grant program was to strengthen the business incubator's capacity to serve client businesses and to support the financial viability and growth of early-stage businesses. The Palm Beach County Coastal Resilience Partnership (CRP) engaged in the next phase of resilience planning by contracting a consultant to conduct a micro -regional climate change vulnerability assessment Page 62 of 830 The Uable below provides information on th.e City's taxable values and millage rates over as SiX yrear period, currently 6. 1fnipllion,,,trid 7.9000, respeclively. The Cky's long-range financial outlook, is one of stability over the next 2 to 3 years. OUIr estimates for revenues and expendkures are projected between 3% to 511/o, anrivaf growth rate in certain. area!;!,,,, This is manageat)le due to thie City's five years of taxablegrowthaveragiing 7.4% .A finaricial snapshot with a. three-year comparison of expenditures for all Funds is 1::)resented in the table below. FY 2015-2016 2019-:10 IFY 2016-2017 FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 20.20-20'2'11 REVENUE Adol ftd REVENUE A�LmtAd .i !l_ � . . ............... 'ITted ............ . ;A . .... . o _ALWA _ d ted. . ................... Taxable Vahes $ 4,635,365,868 $ 5,026,864,382 $ 5,418,555,565 $ 5,77 L231,892 $ 6,623,563,815 $ 6,624,058,213 1r6 Chari p ge 9. 73% 1-2,301,447 8,45% X0,11132, ND 7.79% 1012"7798270 6.51°/y 7,69% 0.01% Operating Millage, Rate 79000 1,769,763 7,9000 1,H94.1,180 71.9000 6,2.32,0'17 7.9000 7.90W 7,9000 Taxes Levied $ 36,619,390 $ 39,712,237 $ 42,806,589 $ 45,592,1732 $ 48,9'10,.3'110 $ 52,330,06) Less E)iscourifs $ 0,281,679), '$ (1,489,928) $ (1,498,231), $ (11,595,746) $ (1,775,363) $ (1,931,552) Add Definquenffaxes $ $ 100,000 1 m,000 $ A50,0Q9 $,_,_____�7,�39 $ 60,000 $ 50,558,508 Total 'Faxes Received Less Taxes to CRA $ 35,337,711 $ $ 38,322,309 $ 1, 6,682,137) $ 41,458,358 $ (7,360,831 . . . ...... .............. $ 44,1146,986 $ 7,,8116.,3 ll 1) $ 47,182,486 $ (8,693,7 — $ 29,352,470 $ 3 1,W, 172 Net Cftyl'axes $ 34,097,527 $ 36,330,675 - ----------- $ 38,488,762 $ 4L212,808 . . . . . ............. __ Change F'rom, Prior Year $ 2,335,116 $ 2,287,702. $ 2,457,355 $ 2,233, ➢ 4.8 2,158,087 $ 2,724,040 I 8,(A% 71.08% % Change 739% 7,77% 6,55% 594% The Cky's long-range financial outlook, is one of stability over the next 2 to 3 years. OUIr estimates for revenues and expendkures are projected between 3% to 511/o, anrivaf growth rate in certain. area!;!,,,, This is manageat)le due to thie City's five years of taxablegrowthaveragiing 7.4% .A finaricial snapshot with a. three-year comparison of expenditures for all Funds is 1::)resented in the table below. Page 63 of 830 7018 2 -.119 2019-:10 202(::11,...21 AC'11UAL BUDGETED W IDGETED CUkSSflRCATK.)1N REVENUE ffl--VENUE REVENUE GENERAL FUND $ 89,74,15,093 96,43-7,589 $ 99,2189 „3 2` WATER & SEWER FUN D 53,44,q7,00 50,939,770 52,22.5, 156, Y pp) 2(,)194%4*2 45,551,614 1.7,925,613 SANITATION FUND 11,194,139 11,389,923 11,6.24,210 G11.'NERAd GirAe"T f.CIP) 15,377,f592 15,1&04�,222 1-2,301,447 P1JBkJCSER'V110E TAX [)S X0,11132, ND 10,200,000 1012"7798270 VEHICLE SERVICE 1,,:::UND 14,2(5 ,p02 ,6156, 1. 9,6151,545 GOLF COk.MSE FUNID' 1,769,763 2,199,465, 1,H94.1,180 SEI 1"IMSIMANCE FUND 6,2.32,0'17 6,11.9,866 6,272?,".757 LOCM OPTION GAS TAX FUND 1,301,150 .1,3011,150 1,3030150 OTFIER FUNDS 3,31.9,027 4,526,826 3,40 ,p4.1 1"0 EM....-AILIL FUNDS 227,776,657 225,306,213 Page 63 of 830 Elected and Appointed Officials September 30, 2020 Elected Officials Mayor District 1 District 2 Steven B. Grant Commissioner Commissioner Justin Katz Woodrow Hay Lori LaVerriere James Cherof Kathryn Matos Colin Groff Crystal Gibson Ray Carter Michael Gregory Michael Rumpf Andrew Mack Joe Paterniti Julie Oldbury Mara Frederiksen Appointed Officials District 3 Commissioner Christina Romelus City Manager City Attorney Assistant City Manager -Administrative Svcs Assistant City Manager -Public Services City Clerk Interim Fire Chief Police Chief Director of Development Director of Public Works Director of Utilities Director of Human Resources Director of Financial Services Page 64 of 830 tl Be, tc,4 h Page 65 of 830 Page 66 of 830 �I CALER, DON=, LEVIlVE, COHEN, PORTER, & VEIL, P.A. WILLIAM K CALER, JR, CPA LAURA E CLARK, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHiSON, CPA JOEL H LEVINE, CPA PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA To the Honorable Mayor and City Commission City of Boynton Beach, Florida Report on the Financial Statements CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE: (561) 832-9292 759 SW FEDERAL HIGHWAY, SUITE 301 STUART, FL 34994-1019 TELEPHONE: (772) 872-2123 info®cdlcpa com Indeilendent Auditor's Report MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have audited the accompanying 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, as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S. generally accepted accounting principles; this includes 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. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. 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 12%, 45%, 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 95%, 95%, and 69%, 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. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. The financial statements of the Police Officers' Pension Fund and Firefighters' Pension Fund, which were audited by other auditors, were not audited in accordance with Government Auditing Standards. Page 67 of 830 used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards by us and other auditors. In our opinion, based on our audit, the procedures performed as 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. The introductory section and statistical section have 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 them. We also have previously audited, in accordance with U.S. generally accepted auditing standards, the basic financial statements of the City of Boynton Beach, Florida, for the year ended September 30, 2019, which are not presented with the accompanying financial statements. In our report dated March 12, 2020, we expressed unmodified opinions on the respective financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information. That audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Boynton Beach, Florida's basic financial statements as a whole. The 2019 individual major and nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the 2020 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 2019 basic financial statements. The 2019 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. The 2019 information has been subjected to the auditing procedures applied in the audit of the 2019 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 U.S. generally accepted auditing standards by us and other auditors. In our opinion, based on our audit, the procedures performed as described above, and the reports of the other auditors, the 2019 individual major and nonmajor fund financial statements are fairly stated in all material respects in relation to the basic financial statements from which they have been derived. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 12, 2021, on our consideration of the internal control over financial reporting of the City of Boynton Beach, Florida, 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 the City of Boynton Beach, Florida's internal control over financial reporting and compliance. West Palm Beach, Florida March 12, 2021 Page 68 of 830 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, 2020 organized under the following topics: • Financial highlights (Page II4), • Discussion of the basic financial statements (Pages II -4 to II -7), • Government -wide overall financial analysis (Pages Il -7 to I1-10), • Discussion of major funds (Pages 1I-11 to 11-12), • Summary of General Fund budgetary results, (Pages II -12), • Review of capital assets and debt administration (Pages II -12 to II -13), and • Future budgetary outlook (Page I1-13). FINANCIAL HIGHLIGHTS • The City's net position at September 30, 2020 totals $209,140,602 representing a $9,902,473 increase from the net position at September 30, 2019. For 2020, approximately 76% of the net position is attributable to business -type activities (primarily our Water and Sewer System). For 2019, approximately 80% of the net position was attributable to our business -type activities. The City's 2020 net position is summarized as follows: o $226,563,638 is the net investment in capital assets, o $10,717,942 is restricted for public safety, grant programs, debt service, capital projects and other purposes, o $28,140,978 is an unrestricted net deficit. • The City's total fund balances (available financial resources) of all governmental funds at September 30, 2020 were $52,971,193 in comparison with $56,851,806 in the prior year. The 2020 fund balances of individual governmental fund types are: o $17,445,539 - General Fund o $12,876,082 - Special Revenue Funds (restricted, committed, assigned or unassigned for specific purposes) o $ 5,820,684 - Debt Service Funds (accumulated to repay principal and interest on outstanding debt) o $16,828,888 - 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 $69,144 representing nonspendable prepaid items and $923,613 assigned to the 2020/2021 budget, the remaining $8,128,675 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 4.7% of total General Fund 2020 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 Page 69 of 830 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 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 II -17 through II -23 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 II -24 through II -29 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. Instead they are held for the benefit of employees upon retirement. The accounting used for fiduciary funds is much like that used for proprietary funds. The City's fiduciary fund financial statements can be found on pages II -30 and II -31. 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 II -32 through II -79 of this report. Page 70 of 830 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Change in Net Position. Total net position increased in fiscal year 2020 by $9,902,473 with governmental activities increasing the City's net position by $9,676,196 and business -type activities increasing the City's net position by $226,277. Key elements of these changes are summarized as follows: Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General revenues: Property taxes Property tax increment Franchise taxes Communications & public service taxes Sales taxes Gas taxes State revenue sharing Investment income Other revenues Total revenues Expenses: General government Public safety Physical environment Economic environment Culture and recreation Interest on long-term debt Water and sewer Sanitation Golf course Total expenses Change in net position before transfers Transfers Change in net position Net position - beginning of year Net position - end of year Change in Net Position (Amounts in Thousands) Governmental Business -Type Activities Activities Total 2020 2019 2020 2019 2020 2019 $ 24,982 $ 28,871 $ 63,634 $ 62,665 $ 88,616 $ 91,536 2,736 1,169 - - 2,736 1,169 911 87 477 1,733 1,388 1,820 38,489 36,274 - - 38,489 36,274 13,933 12,549 - - 13,933 12,549 4,504 4,582 - - 4,504 4,582 10,566 10,426 - - 10,566 10,426 11,092 12,059 - - 11,092 12,059 1,302 1,415 - - 1,302 1,415 2,820 3,049 - - 2,820 3,049 967 1,188 794 1,435 1,761 2,623 5„986 3,672 73 130 6.059 3.802 118.288 115,341 64978 65,,963 183.266 181,304 23,776 23,485 - - 23,776 23,485 66,607 63,272 - 66,607 63,272 2,119 2,126 - 2,119 2,126 11,334 10,205 - 11,334 10,205 11,422 11,432 - 11,422 11,432 4,080 1,362 - - 4,080 1,362 - - 41,037 40,145 41,037 40,145 - - 11,233 10,678 11,233 10,678 - - 1,,755 1.732 1.755 1.732 119.338 111.882 54.025 52.555 173.363 164.437 (1,050) 3,459 10,953 13,408 9,903 16,867 10,727 LL ,10.108t 10 727 j ,. , 10,108,) - - 9,677 13,567 226 3,300 9,903 16,867 40,926 . w-27,.359, 158,,312155 0 199.238, ,12 2 182,371, 50.603 S 40 926 $ 158,538 � 158,312 $ 199.23$ • 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. Page 71 of 830 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Business—Type Activities Charges for services represent 98% of all revenues in FY 2019-2020 compared to 95% in FY 2018-2019. The charges include those for water, wastewater, stormwater, sanitation and golf course revenues. The Water and Sewer Fund expenses (excluding interest on long-term debt) accounted for 72% of the expenses of the City's business -type activities in FY 2019-2020 compared to 73% in FY 2018-2019. The Sanitation Fund accounted for 20% of the expenses in FY 2019-2020 compared to 18% in FY 2018-2019. The Golf Course Fund remained unchanged at 3% and interest on long-term debt decreased to 5% in FY 2019-2020 from 6% in FY 2018-2019. Expenses by Source - Business -Type Activities Interest on Long- term Debt 596 /iii Water &Sewer Fund / 72% Golf Course �j 345 Sanitation Fund 2045 Page 72 of 830 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) The above total unrestricted net position (deficit) compares to $46,604,850 for the Water and Sewer Fund and $(2,068,974) deficit for the Sanitation Fund at the end of 2019. 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 2020 and 2019 are on pages II -102 to II -104 and Sanitation Fund comparative financial statements for 2020 and 2019 are on pages II -105 to II -107. SUMMARY OF GENERAL FUND BUDGETARY RESULTS The original General Fund budget appropriation for expenditures and transfers to other funds approved for FY 2019- 2020 was $96,358,776. There was a mid -year budget amendment to expenditures and transfers resulting in a final appropriation for FY 2019-2020 of $96,437,589. Total expenditures alone of $92,500,914 for the year were $1,338,075 less than the final appropriation for expenditures. Departmental budget details are reflected on pages II -21 to II -22. The original General Fund budgeted revenues of $79,716,776 were increased by $78,813 to $79,795,589 for FY 2019- 2020, Actual revenues were less than the final budget by $1,368,160 for FY 2019-2020 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, 2020, totals $372,231,204 (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 $82.1 million or 28.3% (an 83.4% increase for governmental activities and a 0.1% decrease for business -type activities). Capital assets are summarized as follows: Capital Assets - Net of Accumulated Depreciation (Amounts in Thousands) Additional information on the City's capital assets can be found in Note 3. F. beginning on page II -55. 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 $191,773,686, excluding net unamortized bond premium, as summarized below: Page 73 of 830 Governmental Business -Type Activities Activities Total 2020 2019 2020 2019 2020 2019 Land $ 30,666 $ 32,326 $ 5,132 $ 5,132 $ 35,798 $ 37,458 Construction in progress 14,407 8,605 36,638 31,539 51,045 40,144 Intangible assets - - 2,910 2,910 2,910 2,910 Building and improvements 113,335 36,137 57,589 56,642 170,924 92,779 Equipment and vehicles 20,340 18,907 5,145 4,116 25,485 23,023 Utility lines and wells - - 83,789 91,079 83,789 91,079 Infrastructure 2.280 _ 2.737 2,280 2.737 ............._-......w Total $ 181028 $ 98.712 $� 191.203 $ 191.418 $� 372.231 $ 0.130 Additional information on the City's capital assets can be found in Note 3. F. beginning on page II -55. 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 $191,773,686, excluding net unamortized bond premium, as summarized below: Page 73 of 830 Basic Financial Statements Page 74 of 830 Statement of Net Position September 30, 2020 ASSETS Pooled cash and investments Receivables, net Due from other governments Internal balances Prepaid expenses Inventories Investment in joint venture Restricted assets - pooled cash and investments Restricted assets - accounts receivable Intangible assets Capital assets not being depreciated Capital assets net of accumulated depreciation Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred charges on debt refundings Deferred amount related to other postemployment benefits Deferred amounts related to pensions LIABILITIES Accounts payable and accrued liabilities Accrued interest payable Unearned revenue Refundable deposits Customer deposits Due to other governments Other payables Noncurrent liabilities: Due within one year: Bonds and notes payable Capital leases and installment agreements Compensated absences Provision for insurance losses Due in more than one year: Bonds and notes payable Capital leases and installment agreements Compensated absences Provision for insurance losses Other postemployment benefits Net pension liability Total liabilities DEFERRED INFLOWS OF RESOURCES Deferred amount related to other postemployment benefits Deferred amounts related to pensions NET POSITION Net investment in capital assets Restricted for: Public safety Grant programs Debt service Capital projects Other purposes Unrestricted (deficit) Total net position Governmental Activities 58,037,504 3,252,773 1,862,571 32,643,054 307,111 1,057,837 45,073,027 135,954,701 278,188,578 1,432,032 545,301 13 737 022 15„714,355 6,893,908 128,578 1,437,452 545,220 44,654 202,476 5,787,000 2,141,796 1,017,147 2,066,205 Business -type Activities Total 18,364,783 $ 76,402,287 6,492,529 9,745,302 - 1,862,571 (32,643,054) 57,371 24,799 17,301,080 58,524,763 38,500 2,910,000 41,770,359 146.523 117 ____259,364 247 881,004 359,763 2,017,362 3„258.129 3,369,917 921,857 49,317 162,420 1,606,966 72,367 1,302,861 4,640,000 220,166 364,482 1,082,636 17,301,080 58,524,763 38,500 2,910,000 86,843,386 282,477,.818 537,552,825 2,313,036 905,064 15„754„384 18,972,484 10,263,825 1,050,435 1,486,769 707,640 1,606,966 117,021 1,505,337 10,427,000 2,141,796 1,237,313 2,066,205 23,864,000 78,177,392 102,041,392 77,445,890 - 77,445,890 6,807,064 1,473,417 8,280,481 3,986,062 - 3,986,062 6,808,269 4,491,763 11,300,032 97,400,837 7,.330,493 104,731330 236.576 558 103,818,936 340395 494 324,156 213,863 538,019 6,399,747 51,447 6,451,194 6,723,903 265,310 6 989213 73,221,074 153,342,564 226,563,638 699,614 - 699,614 3,144,526 - 3,144,526 116,097 3,106,103 3,222,200 3,300,787 3,300,787 350,815 350,815 _ 30,230,441 2.089,463 (28,140„978 �0 602 472; 1 38,130 209 140,602 The notes to the financial statements are an integral part of this statement. Page 75 of 830 Net (Expense) Revenue and Change in Net Position Governmental Business -type Activities Activities Total $ (15,007,975) (48,590,931) (1,876,223) (10,849,782) (10,303,912) �4„079„820 (90,708,643) $ (15,007,975) (48,590,931) (1,876,223) (10,849,782) (10,303,912) � P4,079,820) 9D 708643 The notes to the financial statements are an integral part of this statement. Page 76 of 830 8,029,106 8,029,106 - 1,793,508 1,793,508 - 263,655 263,655 - 10.086.269 10,086,269 (90,708,643) 10,086,269 (80,622,374) 38,488,762 - 38,488,762 13,932,896 13,932,896 4,503,615 4,503,615 7,817,800 7,817,800 2,747,866 2,747,866 11,091,619 11,091,619 1,301,895 1,301,895 2,820,257 - 2,820,257 967,078 793,731 1,760,809 283,745 - 283,745 5,702,751 72,832 5,775,583 10,72§,555 � 10,7726,555) - 100,384,839 19,859�992� 90p524„847 9,676,196 226,277 9,902,473 40,926276 158 4 311 853 50 602 472 _____199,238,129 158 538 130 209 140 602 The notes to the financial statements are an integral part of this statement. Page 76 of 830 Reconciliation of the Fund Balance of Governmental Funds to the Statement of Net Position of Governmental Activities September 30, 2020 Fund balance reported in the Balance Sheet of total governmental funds. $ 52,971,193 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 Assets (below) because of a different (128,578) measurement focus and basis of accounting between the two statements resulting in the following increases and decreases. Increases: (6,300,898) Capital assets are not financial resources. Therefore, they are not reported in the Balance Sheet of 169,387,649 governmental funds. However, they are reported in the Statement of Net Position of governmental activities. (7,661,342) The City uses internal service funds to charge the costs of fleet management, risk management, and 7,370,819 warehouse 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 $ 50,602,472 with governmental activities in the Statement of Net Position. The internal service funds have operations with cumulative positive income results over the years; 32,015,030 primarily for 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 a break-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 1,432,032 Net Position but are recognized in the governmental funds as proceeds and repayment of debt. 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 and other postemployment benefits liability do not represent available, spendable resources, they are not reported in governmental funds. Deferred outflows related to other postemployment benefits 504,664 Deferred outflows related to pensions 13,506,070 Deferred inflows related to other postemployment benefits (300,000) Deferred inflows related to pensions (6,393,857) Decreases: Governmental funds recognize the proceeds and the repayment of noncurrent bonds and notes payable, (109,238,686) capital 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. The net pension liability of defined benefit pension plans are reported in the Statement of Net Position (96,561,624) but not in the governmental funds. Governmental funds do not recognize interest on the above noncurrent debt as an expense and an (128,578) accrued liability until it is due and payable. However, accrued interest is reported as an expense and liability in the government -wide financial statements. Governmental funds do not recognize other postemployment benefits (OPEB) as an expense and an (6,300,898) accrued liability. However, the net OPEB obligation is reported as a liability in the government -wide financial statements. Compensated absences that are not due and payable in the current period are not reported in the (7,661,342) governmental funds. However, they are reported as a liability in the Statement of Net Position for governmental activities thus reducing net position. Net position reported in the Statement of Net Position of governmental activities. $ 50,602,472 The notes to the financial statements are an integral part of this statement. Page 77 of 830 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balance of Governmental Funds to the Statement of Activities of Governmental Activities For the Year Ended September 30, 2020 Net change in fund balance reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds $ (3,880,613) Amounts reported as changes in fund balance 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. 91,408,918 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 governmental activities in the Statement of Activities. Transfers $ 5,146,185 Nonoperating revenue 378,577 Consolidation of operating loss related to governmental funds (2,397,115) 3,127,647 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 capital lease agreements (79,853,165) Repayment of noncurrent bonds, notes, installment agreements and capital leases 8,977,634 (70,875,531) 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 balance reported in the Statement of Revenues, Expenditures, and Changes in Fund Balance of total governmental funds above. Depreciation expense (6,022,325) 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 (118,176) 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 $ 17,021 Compensated absences expenses (942,729) Other postemployment benefits (454,351) Pension expense 267,005 (1,113,054) The net effect of transactions involving capital asset dispositions (i.e., sales and trade-ins). (2,850,670 Change in net position of Governmental Activities $ 9,676,196 The notes to the financial statements are an integral port of this statement. Page 78 of 830 The notes to the financial statements are an integral part of this statement. Page 79 of 830 Variance with Original Final Final Budget Bud et Budget Actual Positive (Negative)OTHER FINANCING SOURCES (USES) Transfers in $ 16,642,000 $ 16,642,000 $ 16,642,000 $ - Transfers out r r (2,651,002) J2,598,600) 598 073 527 Total other financing sources and uses 13 990 998 14,043„400 ____L2 14,043,927 527 Net change in fund balance S - - 29 558 , 29 55% The notes to the financial statements are an integral part of this statement. Page 79 of 830 Boynton Beach CRA Special Revenue Fund Statement of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual For the Year Ended September 30, 2020 The notes to the financial statements are an integral part of this statement. Page 80 of 830 Variance with Original Final Final Budget Budget Budget Actual Positive (Negative REVENUES Tax increment revenue $ 13,816,071 $ 13,816,071 $ 13,932,896 $ 116,825 Charges for services 1,100,000 1,100,000 1,168,931 68,931 Investment earnings 50„000 935,936 225p982 709 954 Total revenues 14,966„071 15„852w007 15,327,809524,198 EXPENDITURES Current General government 4,157,606 4,157x606 3,357„826 799,780 Total expenditures 4,157,606 4157„606 3,357,826 799 780 Revenues over expenditures 10,808,465 11„694,401 11969 983 275,,582 OTHER FINANCING USES Transfers out 10,808 4fz` � __. 11 694 401. 11,693,.401 1,,000 Total other financing uses J108 5' 11694,401 1000(11,693,401p _ Net change in fund balance a - 276,582 r, 276.582 Fund balance - beginning of year 2 906 346 Fund balance - end of year 3,182.928 The notes to the financial statements are an integral part of this statement. Page 80 of 830 LIABILITIES Current liabilities: Accounts payable Accrued expenses Unearned revenues Provision for insurance losses, current portion Refundable deposits Compensated absences payable, current portion Due to other governments Due to other funds Current liabilities payable from restricted assets: Customer deposits Revenue bonds, current maturities Accrued revenue bond interest Contracts payable Total current liabilities Noncurrent liabilities: Revenue bonds payable, less current maturities, plus unamortized premium Provision for insurance losses, less current portion Compensated absences payable, less current portion Other postemployment benefits Net pension liability Total noncurrent liabilities Total liabilities DEFERRED INFLOWS OF RESOURCES Deferred amount related to other postemployment benefits Deferred amounts related to pensions Total deferred inflows of resources NET POSITION (DEFICIT) Business -Type Activities - Enterprise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds $ 2,408,181 411,559 162,420 $ 313,422 $ 35,389 $ 2,756,992 $ 1,863,508 155,232 46,134 612,925 75,222 - 49,317 49,317 - - 2,066,205 162,420 - 141,886 60,874 17,406 220,166 21,173 72,367 - - 72,367 - 4,491,763 628,024 628,024 517,328 3,196413 529„528 776,270 4,502,2114..543„436 87,,548„331 1,606,966 - - 1,606,966 - 4,640,000 - 4,640,000 104,446,960 921,857 - 921,857 52,349 1,302,861 - 1,302,861 36„834 8,471,684 - 8,471,684 - 11„668„097 __ 529,,528 __ 776,270 12,973,895 4,543,436 78,177,392 - 78,177,392 - 3,986,062 949,541 407,391 116,485 1,473,417 141,696 3,173,049 1,099,493 219,221 4,491,763 507,371 5,248,349 1,818,605 263,539 7,330,493 839 213 87,,548„331 3,325,489_ 599,245 91,473 5065 5,474 342 99,216,428 3„855,017 1,375,515 104,446,960 10,017,778 151,076 52,349 10,438 213,863 24,156 36„834 12,763 1,850 _ 51,,447 5,890 187,910 65,112 12,288 265,310 30,046 Net investment in capital assets 151,440,972 2,011 1,899,581 153,342,564 11,640,079 Restricted for: Revenue bond covenants 3,106,103 - - 3,106,103 - Unrestricted (deficit) 36,498,508 1,131,238) (1,262,777) 34,.104„493 _4i�269 260 Total net position (deficit) $ 191,045,583 $ (1,129,227) $ 636,804 $ 190,553,160 $ 7,370,819 The notes to the financial statements are an integral part of this statement. Page 81 of 830 Reconciliation of the Total Enterprise Funds to the Government -wide Statements of Business -Type Activities For the Year Ended September 30, 2020 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 The notes to the financial statements are an integral part of this statement. Statement of Net Position $ 190,553,160 (2,672,422) :9,342x608,) Statement of Changes in Net Position 2,898,699 (2,672,422) 15a,538,130 226,277 Page 82 of 830 The notes to the financial statements are an integral part of this statement. Page 83 of 830 Business-Type Activities Enter rise Funds Governmental Non -Major Activities - Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds Reconciliation of Operating Income (Loss) to Net Cash Provided By Operating Activities: Operating income $ 12,357,588 $ 3,447,208 $ 287,445 $ 16,092,241 $ (5,069,537) Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 11,558,779 2,233 123,033 11,684,045 4,272,531 Provision for doubtful accounts 97,346 - - 97,346 - Miscellaneous income 69,844 2,988 - 72,832 79,316 Changes in operating assets and liabilities: Accounts receivable (129,435) (130,855) (40) (260,330) 1,028 Prepaid expenses 1,013 - 1,013 - Inventories - - (24,799) (24,799) 97,208 Deferred amounts related to other postemployment benefits 149,287 37,648 9,013 195,948 14,171 Deferred amounts related to pensions (325,678) (107,738) (5,775) (439,191) (74,802) Accounts payable 283,016 (111,230) 22,742 194,528 1,338,909 Accrued expenses 82,896 35,160 3,471 121,527 20,417 Due to other funds - (30,918) - (30,918) (19,668) Unearned revenues - - (4,394) (4,394) Refundable deposits 17,514 17,514 Due to other governments 12,705 12,705 - Provision for insurance losses - - 507,079 Customer deposits 7,259 - 7,259 - Compensated absences payable 132,837 84,102 (37,444) 179,495 30,638 Other postemployment benefits (66,598) 157,685 12,110 103,197 113,860 ension liability NetY p 649 303 1 62,2131 � 11! 2,223 823 739 (32„877) Total adjustments 11 241,482 ___223 (14,3061 11„104„038 6,,348,106 Net cash provided by operating activities 23��599070 '` 3 273 139 �L 27,196, 279 1,f Noncash Investing, Capital and Related Financing Activities: Equity in loss of Regional Wastewater Joint Venture $ (818,077) $ - $ $ (818,077) $ - Gain on disposal of capital assets - - 283,745 Amortization of bond premiums 62,746 62,746 - Amortization of charges on refundings (108,873) (108,873) The notes to the financial statements are an integral part of this statement. Page 83 of 830 Statement of Changes in Fiduciary Net Position Pension Trust Funds For the Year Ended September 30, 2020 ADDITIONS Contributions: Employer Plan members State Total contributions Investment earnings: Net appreciation in fair value of investments Interest and dividends Miscellaneous Less investment expenses: Investment expenses Net investment earnings Total additions 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 The notes to the financial statements are an integral part of this statement. Total Pension Trust Funds $ 17,839,679 4,689,822 1789 720 24,319 221 28,779,831 6,702,123 4 491 35,486,445 2029„863 33,456,582 57,775 803 26,879,010 382,314 541,926 27,803,250 29,972,553 413 956 856 443.929.409 Page 84 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 1. Summary of Significant Accounting Policies (Continued) 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 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 Bo nton Beach CRA Secia! Revenue Fund accounts for the activity and redevelopment projects of the CRA covering a specified redevelopment area in downtown Boynton Beach. 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. D. Measurement Focus and Basis of Accounting 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. Page 85 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 1. Summary 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. The Florida intergovernmental investment pools authorized by the City include the Florida Prime Fund, Florida Municipal Investment Trust (FMIT) and 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. FMIT and FIT are 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. FMIT and FIT are exempt from registration under the Securities Act of 1933, the Investment Company Act of 1940 and the Florida Securities and Investors Protection Act. FMIT operates six fixed income and five equity funds with differing investment goals. The City did not invest in any FMIT funds during the current year. FIT operates four fixed income funds with differing cash management and investment goals. The fair value of investments in FMIT and 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, municipal 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 and the Florida Prime Fund that 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. Page 86 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 1. Summary of Significant Accounting Policies (Continued) M. Capital Assets (Continued) 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. 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. 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 has historically reported infrastructure assets of the business -type activities as capital assets and recorded depreciation on those assets. The City calculates depreciation of capital assets using the straight-line method over the following estimated useful lives of the related assets: Equipment 3-12 years Buildings and other improvements 10-40 years Water/wastewater/stormwater system 15-50 years Infrastructure 15-50 years N. 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. O. 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. P. 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. Page 87 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 1. Summary of Significant Accounting Policies (Continued) R. Net Position / Fund Balance (Continued) 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. 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. Page 88 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 1. Summary of Significant Accounting Policies (Continued) X. Recent Accounting Pronouncements The Governmental Accounting Standards Board has issued new Statements effective in future years. Management has not completed its analysis of the effects, if any, of these GASB statements on the financial statements of the City: • GASB Statement No. 84, Fiduciary Activities, establishes criteria for identifying fiduciary activities of all state and local governments. The focus of the criteria is on (1) whether a government is controlling the assets of the fiduciary activity, and (2) the beneficiaries with whom a fiduciary relationship exists. Separate criteria are included to identify fiduciary component units and postemployment benefit arrangements that are fiduciary activities. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2021. • GASB Statement No. 87, Leases, addresses accounting and financial reporting for leases by governments. The Statement requires recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2022. • GASB Statement No. 90, Majority Equity Interests — an Amendment of GASB Statements No. 14 and No. 61, defines a majority equity interest and specifies the basis for measurement of a majority equity interest in a legally separate organization. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2021. • GASB Statement No. 91, Conduit Debt Obligations, provides a single method of reporting conduit debt obligations by issuers and requires additional note disclosures. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2023. • GASB Statement No. 92, Omnibus 2020, addresses certain practice issues identified during implementation and application of certain GASB Statements. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2022. • GASB Statement No. 93, Replacement of Interbank Offered Rates, addresses the replacement of an Interbank Offered Rate (IBOR) with other reference interest rates and modifies the existing provisions for hedge accounting termination and lease modifications. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2022. • GASB Statement No. 94, Public -Private and Public -Public Partnerships and Availability Payment Arrangements, addresses issues related to public-private and public -public partnership (PPP) and provides guidance for accounting and financial reporting for availability payment arrangements (APA). The Statement provides specific guidance on the accounting and financial reporting for PPP and APA transactions. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2023. • GASB Statement No. 96, Subscription -Based Information Technology Arrangements provides guidance on the accounting and financial reporting for subscription -based information technology arrangements. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2023. • GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans, addresses the reporting of fiduciary component units without a governing board, requires that the financial burden criteria of Statement No. 84 apply only to defined benefit plans and requires Statement No. 84 to be applied to all Section 457 plans to determine whether those plans should be reported as fiduciary activities. The requirements of this Statement will be effective for the City for the fiscal year ending September 30, 2022. Page 89 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 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 Capital lease agreements GAAP basis Revenues _, Expenditures ,_ 78,427,429 $ 92,500,914 1,789, 720 1,789,720 79 853.165 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, CDBG Grant Fund, Community Improvements Fund, and Public Art Fund (special revenue funds) had deficit fund balances of $155,825, $128,588, $239,810, and $352,086, respectively, at September 30, 2020. For the Grants Fund and CDBG Grant 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. For the Public Art Fund, the deficit was caused by lower than expected revenues from the City's licenses and permits. The City anticipates receiving additional funds or reducing expenditures for these programs in fiscal year 2021. The 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 Sanitation Fund (proprietary fund) had a deficit net position of $1,129,227 at September 30, 2020. The deficit was originally caused by the implementation of GASB Statement 68. The City plans to recover the deficit over several years from future operating revenues. The Warehouse Fund and Self Insurance Fund (internal service funds) had a deficit net position of $239,902 and $3,268,379, 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. 3. Detailed Notes on All Funds A. Deposits with Financial Institutions The City's 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 governmental deposits in excess of available federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied from the federal deposit insurance, pledged collateral and, if necessary, an assessment to other qualified public depositories. Accordingly, the City's deposits are considered fully insured or collateralized. Page 90 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) B. Investments (Continued) 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. 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; 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; Page 91 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) B. Investments (Continued) 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: Pooled Cash and Investments Pension Cash and Investments Unrestricted Restricted Cash Investments Total Governmental activities $ 58,037,504 $ - $ - $ - $ 58,037,504 Business -type activities 18364 78358 524 763 IT- 76 889.546 Total statement of net position 76,402,287 58,524,763 - - 134,927,050 Pension trust funds - - 1,258,478 442257,634 __A43,516 112 Total cash and investments $—.7-6402-287. "..8-524.763 $x_2,5 47- $...442 257..634 $.....5.78443.1.62 The following summary presents the components of the City's cash, pooled cash and investments and investments at September 30, 2020: Fair Value at September 30 2020 Unrestricted Restricted PensionTotal Cash: �.............................. Petty cash Deposits with financial institutions Total cash Investments: Money market mutual funds Florida Prime Fund Florida Fixed Income Trust Israel Government bond U.S. Government and Agency obligations Municipal obligations Mortgage-backed securities Corporate obligations Equity securities Equity mutual funds Equity investment funds International equity investment funds Fixed income investment funds Alternative investments Domestic fixed income funds Real estate investment funds Total investments $ 5,725 $ - $ - $ 5,725 �119_8,4,6,,,323 3.9,.44,9 8,6.1. _ 1,258,47 8Q554,662 662 39,852,048 39,449,861 1,258,478-80,560,387 - - 3,882,443 3,882,443 - 4,512,519 - 4,512,519 32,043,364 14,562,383 - 46,605,747 2,000,000 - - 2,000,000 2,506,875 - 28,851,671 31,358,546 - - 70,958 70,958 - - 2,639,921 2,639,921 - - 22,966,040 22,966,040 - - 75,847,790 75,847,790 - - 72,497,680 72,497,680 - - 120,410,769 120,410,769 - - 22,618,202 22,618,202 - - 39,730,372 39,730,372 - - 5,694,306 5,694,306 .�..._ ..- - 4 —442,257,634 7 482 w -� 47, 04 z. 36 550239 19 074,902 497.882,775 Total cash and investments $ 76,402,28Z $ 58.524.763 $ 443.516.112 578.443.16 Fair Value of Investments: The City 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 has the ability to access at the measurement date. Page 92 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) B. Investments (Continued) The methods and assumptions used by the City may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. While the City believes 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, 2020. Fair Value of Investments: The financial assets measured at fair value on a recurring basis include the City's investments. There were no liabilities measured at fair value on a recurring basis at September 30, 2020. The money market mutual funds and Florida Prime Fund are reported at amortized cost which approximates fair value and are included in the following fair value table for reconciliation purposes only. The fair value of the City's investments at September 30, 2020 is summarized as follows: Fixed Income Investments U.S. Government and Agency obligations Municipal obligations Mortgage-backed securities Corporate obligations Fixed income investment funds Israel Government bond Total fixed income investments Equity Investments Fair Values at September 30 2020 Level Level Level Total $ - $ 31,358,546 $ - $ 31,358,546 70,958 - 70,958 2,639,921 - 2,639,921 22,966,040 - 22,966,040 6,994,484 587,841 7,582,325 2.000,000 -...- .................._.._ .. 2,000 000 2 000 000 ,_IT 64029,,949 587.841 66„617,,790 Equity securities 75,847,790 Equity mutual funds 72,497,680 Equity investment funds 33,119,808 International equity investment funds 22,618,202 Total equity investments 204,083 480 15,232,144 15,232 144 - 75,847,790 - 72,497,680 - 48,351,952 - 22,618.202 219 315 624 Total investments at fair value $ 205 083 480 $ 79 262 093 $ 587 841 285„933,414 Investments Measured at NAV Florida Fixed Income Trust 46,605,747 Alternative investment funds: Equity investment funds 72,058,817 Fixed income investment funds 37,842,353 Real estate investment funds 47,0470482 Total investments at NAV 203554_399 Investments in Cash Equivalents Money market mutual funds Florida Prime Fund Total equity investments Total investments 3,882,443 4,512,519 8.394, 962 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. There were no lock-up periods for any investments at September 30, 2020. The alternative investment funds were redeemable with advance notice and approval of the investment fund manager. Page 93 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) B. Investments (Continued) The table below summarizes the scheduled maturities of fixed income investments of the City's General Employees' Pension Trust Fund at September 30, 2020: Total Fair Value $ 4 852.550 $ 7.076.340 $ 9.306.730 $ 5.722.989 The table below summarizes the average effective duration of the City's investment in the Florida Fixed Income Trust investment pools and the fixed income investments of the Police Officers' and Firefighters' Pension Funds at September 30, 2020: City: Florida Fixed Income Trust: Cash Pool Enhanced Cash Pool Police Officers' Pension Fund: Fixed income investment funds Firefighters' Pension Fund: U.S. Government and Agency obligations Corporate obligations Fixed income investment funds Fair Effective Value Duration $ 26,186,693 ..... .... Fair Value of Investment Maturities ......___- 32,148,047 Less Than One to Six to More Than 6.4 years One Year Five Years Ten Years Ten Years General Employees' Pension Trust Fund: U.S. Government and Agency obligations $ 4,632,377 $ 4,960,137 $ 2,220,941 $ 1,878,930 Municipal obligations 10,240 36,367 24,351 - Mortgage-backed securities - 56,318 - 2,583,603 Corporate obligations 209,,933 .2,023 518 7 061, 438, „_9.260 456 Total Fair Value $ 4 852.550 $ 7.076.340 $ 9.306.730 $ 5.722.989 The table below summarizes the average effective duration of the City's investment in the Florida Fixed Income Trust investment pools and the fixed income investments of the Police Officers' and Firefighters' Pension Funds at September 30, 2020: City: Florida Fixed Income Trust: Cash Pool Enhanced Cash Pool Police Officers' Pension Fund: Fixed income investment funds Firefighters' Pension Fund: U.S. Government and Agency obligations Corporate obligations Fixed income investment funds Fair Effective Value Duration $ 26,186,693 0.3 years 20,419,054 0.6 years 32,148,047 6.3 years 15,159,286 5.1 years 12,410,695 6.4 years 13,276,631 Not available The Florida Fixed Income Trust 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 .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. Foreic n Currenc 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, 2020 the Pension Trust Funds' investments included $22,618,202 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, Page 94 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) D. 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. The restricted assets and liabilities payable from restricted assets in the Water and Sewer Fund at September 30, 2020, are summarized as follows: E. Investment in Regional Wastewater 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, 2020, 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, 2020, the City's 50% equity interest in the net position of the Board totaled $16,746,468 plus land purchased by the City in the amount of $554,612 for a total investment of $17,301,080. This investment has been included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. Page 95 of 830 Restricted for Customer Revenue Bond Capital Deoosits Covenants Improvements -Total Restricted Assets: Pooled cash and investments $ 1,568,466 $ 8,667,960 $ 48,288,337 $ 58,524,763 Accounts receivable 38,500 - -__ITIT__ 38.500 Total restricted assets 1,606,966 8,667960 , 48,288,337 58,563,263 Liabilities Payable from Restricted Assets: Customer deposits (1,606,966) - - (1,606,966) Revenue bonds payable, current - (4,640,000) - (4,640,000) Accrued revenue bond interest - (921,857) - (921,857) Contracts payable - _. ..... __m - ____ ______ , ,d_1,302,861) X302 861,) Total liabilities .....(1IT,606.966) (5 561,857) 302,861) `_ (8,471,684) Net restricted assets - 3,106,103 46,985,476 50,091,579 Less unspent bond proceeds allocated to revenue bonds payable - - — 485,476) (46 985 4761 Net position restricted for revenue bond covenants ............... .,..... 3.106.103 $ ..,,. __ 3.106.103 E. Investment in Regional Wastewater 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, 2020, 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, 2020, the City's 50% equity interest in the net position of the Board totaled $16,746,468 plus land purchased by the City in the amount of $554,612 for a total investment of $17,301,080. This investment has been included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. Page 95 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) F. Capital Assets Capital asset activity for the year ended September 30, 2020, was as follows: (55,954,782) - (2,641,423) Beginning (58,439,023) Machinery, equipment, and vehicles Ending - Balance Reclassifications AdditionsDeletions w...._._ .................. Balance Governmental activities - (457,565)�IT 13(587,504) Non -depreciable assets: (129,576,726) - (10,294 856) . 539.µ9l1, Land $ 32,325,556 $ - $ 368,627 $ (2,027,938) $ 30,666,245 Construction in progress 8,605„673 - 5,801 109 IT�14.406 7782 Total non -depreciable assets _ 40 931m229 _,___,__ITIT_,_ wawa_ - 6 169.736 2027 938) 45„073 027 Depreciable assets: Ending Buildings and improvements 92,091,988 - 79,853,165 (170,850) 171,774,303 Machinery, equipment, and vehicles 79,398,859 - 9,437,980 (1,191,793) 87,645,046 Infrastructure 15,867,023 - - 15,867 023 Total depreciable assets 18 357 870 _ - 89.291.145 _ 1 3, 62 643) 275.286,372 Less accumulated depreciation Buildings and improvements (55,954,782) - (2,641,423) 157,182 (58,439,023) Machinery, equipment, and vehicles (60,492,005) - (7,195,868) 382,729 (67,305,144) Infrastructure (13,129 939) - (457,565)�IT 13(587,504) Total accumulated depreciation (129,576,726) - (10,294 856) . 539.µ9l1, (139,331,671) Total depreciable assets, net 57 781 144 - 78 996 289 '822.732) 135,954 701 Governmental activities capital assets, net $ 98 712 373 3., _- $ 85 166 025 $ (2.850.670) $181.027.728 Beginning Ending Balance Reclassifications , Additions Deletions Balance Business -t a activities Non -depreciable assets: Land $ 5,132,225 $ - $ - $ - $ 5,132,225 Intangible 2,910,000 - - - 2,910,000 Construction in progress 31 538,.9492,8( 46 178) 7A945 363 _www_ _ - 36 638,134 Total non -depreciable assets 39.581 174 (2.846 178) 7,945,363 mm 44,680,359 Depreciable assets: Buildings and improvements 123,292,472 2,682,958 2,009,447 - 127,984,877 Utility lines 188,299,244 - - - 188,299,244 Wells 21,924,533 - - - 21,924,533 Golf course improvements 2,681,199 - - - 2,681,199 Machinery, equipment, and vehicles 33 282,163 163220, 1.514.525 ('138 670) 34.821 238 Total depreciable assets 369 479 611 2,846,1783 523 972 _...... ,138670) 375 711 091 Less accumulated depreciation Buildings and improvements (66,940,190) - Utility lines (98,789,612) - Wells (20,355,459) - Golf course improvements (2,391,279) - Machinery, equipment, and vehicles J29,1 66,059) - W Total accumulated depreciation (217 642 599y .....IT m- Total depreciable assets, net 151,837,012 2„846,178 Business -type activities capital assets, net$191 418 186 $ ,, .,- (3,672,757) - (70,612,947) (6,594,816) - (105,384,428) (694,844) - (21,050,303) (72,807) - (2,464,086) 648 821) __I 38 670, ___(29,E6 �210) J.1_6840-45) 138,670 (229 187 974) (8,160,073) ----- _-------- ,,,- 146,523 1.17 Page 96 of 830 (8,160,073) ----- _-------- ,,,- 146,523 1.17 Page 96 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) H. Interfund Transfers Transfers General Fund Boynton Beach CRA Special Revenue Fund Non -Major Governmental Funds Water & Sewer Fund Sanitation Fund Golf Course Fund Internal Service Funds Total Transfers In j$ 16,642 000 5 19,170,024 Internal Total Sanitation Service Transfers Fund _ Funds _ Out $ - $ 2,578,073 $ 2,598,073 11,693,401 16,557 Non -Major General Governmental Fund Funds $ $ 20,000 - m.IT-6,448 � 10.000 5.15 633 11,693,401 8,467,000 7,456,623 7,050,000 - 1,100,000 - 25,000 - Total Transfers In j$ 16,642 000 5 19,170,024 Internal Total Sanitation Service Transfers Fund _ Funds _ Out $ - $ 2,578,073 $ 2,598,073 11,693,401 16,557 15,940,180 1,116,662 8,166,662 1,426,313 2,526,313 10,000 8,850 43,580 - m.IT-6,448 � 10.000 5.15 633 _ 6,448 $ 46 974 657 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. I. Noncurrent Liabilities Governmental Activities Changes in governmental activities noncurrent liabilities for the year ended September 30, 2020, were as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Public Service Tax Revenue Refunding Bonds, Series 2015 $ 17,920,000 $ CRA Tax Increment Refunding Revenue 1,660,491 Bonds, Series 2012 10,203,000 CRA Tax Increment Refunding Revenue 481,305 Bonds, Series 2015 3,535,000 Note Payable 4,350„000 _ Total bonds and note payable 36,008,000 - $ (2,095,000) $ 15,825,000 $ 2,130,000 - (1,367,000) 8,836,000 1,397,000 - (395,000) 3,140,000 410,000 - (2 5-00,900), .___1 850 000 0_Q0,850 - (6,357,000) 29,651,000 5,787,000 Capital leases for Town Square facilities - 79,853,165 (1,603,244) 78,249,921 1,660,491 Installment agreements for equipment 2,355,155 - (1,017,390) 1,337,765 481,305 Compensated absences 6,850,844 5,748,179 (4,774,812) 7,824,211 1,017,147 Provision for insurance losses 5,545,188 1.832,036 .1( 324 957) 6mµ052267 2066 205 Total noncurrent liabilities 50.759.187 87.433.380 (15.077.403) $123.115.164 11.012.148 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. Page 97 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) I. Noncurrent Liabilities (Continued) Governmental Activities (Continued) CRA Tax Increment Refundina 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, 2020: Fiscal Year Ending September 30, Principal Interest Total 2021 $ 410,000 $ 103,620 $ 513,620 2022 420,000 90,090 510,090 2023 435,000 76,230 511,230 2024 445,000 61,875 506,875 2025 705,000 47,190 752,190 2026-2027 725,000 $ 3 140 000 $ 23,925 402 930 $ 748925, 3542930 Note Payable: On November 6, 2018 the City entered into a term loan agreement for $6,850,000 with a private lender to finance the cost of rehabilitation and construction of the historic Boynton Beach High School building into the new Boynton Beach Cultural Center as part of the Town Square Project. Principal payments are due each September 1 and interest on the outstanding note balance accrues at a fixed rate of 4.85% and is payable monthly through maturity on September 1, 2021. The City was required to deposit an interest reserve of $337,000 with the lender from the loan proceeds. The debt service requirements of the note payable are as follows at September 30, 2020: Fiscal Year Ending 5,et,jemb,ef..3,Q............... Principal. Interest Total 2021 1.850.000 $ 90,971 1.940.971 Town Sguare 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 Page 98 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) I. Noncurrent Liabilities (Continued) Governmental Activities (Continued) 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 percent of the tax increment revenues. Total principal and interest remaining to be paid on the CRA tax increment revenue bonds at September 30, 2020 is $13,181,515. Principal and interest paid for the current year were $2,138,527. Tax increment revenues received by the CRA for the current year were $13,932,896. 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, 2020: Total noncurrent liabilities $ 88 221 641 $ 54 164.505 (57.875.1711 L84.510.97-5 $ 4.860.166 Compensated absences are typically liquidated by the Water and Sewer, Sanitation and Other Enterprise Funds for which the related employees work. Water and Sewer Utifit Revenue Refunding Bonds„ Series 2002: The City issued $24,400,000 Water and Sewer Utility System Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds"), for the principal purpose of refunding the City's outstanding Water and Sewer Utility System Revenue Bonds, Series 1992, maturing on and after November 1, 2002. The proceeds from the issuance of the Series 2002 Bonds, together with certain other funds of the City, were used to defease the Series 1992 Bonds. Interest on the Series 2002 Bonds is payable semi-annually on November 1st and May 1st at interest rates ranging from 5.375% to 5.5%. Annual principal payments are due on November 1st through maturity on November 1, 2020. The principal and interest on the Series 2002 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 debt service requirements of the Series 2002 Bonds are as follows at September 30, 2020: Page 99 of 830 Beginning Ending Due Within Balance Additions Reductions Balance One Year Water and Sewer Utility Series 2002 Bonds $ 6,780,000 $ - $ (3,300,000) $ 3,480,000 $ 3,480,000 Series 2012 Bonds 43,260,000 - (40,175,000) 3,085,000 520,000 Series 2016 Bonds 23,000,000 - - 23,000,000 - Series 2018 Bonds 11,065,000 - (11,065,000) - - Series 2020A Note - 42,470,000 - 42,470,000 330,000 Series 2020B Note - 10,500,000 - 10,500,000 310,000 Unamortized bond premium _ 2 602,553 ...._... (2 320,161 282,392 - Total revenue bonds payable 86,707,553 52,970,000 (56,860,161) 82,817,392 4,640,000 Compensated absences 1�1� ___�L015 0101 693.583 220,166 Total noncurrent liabilities $ 88 221 641 $ 54 164.505 (57.875.1711 L84.510.97-5 $ 4.860.166 Compensated absences are typically liquidated by the Water and Sewer, Sanitation and Other Enterprise Funds for which the related employees work. Water and Sewer Utifit Revenue Refunding Bonds„ Series 2002: The City issued $24,400,000 Water and Sewer Utility System Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds"), for the principal purpose of refunding the City's outstanding Water and Sewer Utility System Revenue Bonds, Series 1992, maturing on and after November 1, 2002. The proceeds from the issuance of the Series 2002 Bonds, together with certain other funds of the City, were used to defease the Series 1992 Bonds. Interest on the Series 2002 Bonds is payable semi-annually on November 1st and May 1st at interest rates ranging from 5.375% to 5.5%. Annual principal payments are due on November 1st through maturity on November 1, 2020. The principal and interest on the Series 2002 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 debt service requirements of the Series 2002 Bonds are as follows at September 30, 2020: Page 99 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) 1. Noncurrent Liabilities (Continued) Business -type Activities (Continued) The debt service requirements of the Series 2016 Bonds are as follows: Fiscal Year Ending Segtember 30 PrincipalITITITIT_ �wInterest Total 2021 $ - $ 563,500 $ 563,500 2022 1,830,000 541,083 2,371,083 2023 1,860,000 495,881 2,355,881 2024 1,890,000 449,943 2,339,943 2025 1,925,000 403,209 2,328,209 2026-2030 10,495, 000 1,279, 210 11,774,210 2031-2032 5 000 000 $ 23.000.000 $ 123,236 3.856.062 5,123, 236 26.856.062 Water and Sewer Utility Revenue Bonds Series 2018: On June 8, 2018, the City issued $11,065,000 Water and Sewer Utility System Revenue Bonds, Series 2018 (the "Series 2018 Bonds"), to finance capital improvements to the City's Water and Sewer Utility System and to pay for certain costs associated with the issuance of the Series 2018 Bonds. The Series 2018 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. The Series 2018 Bonds were paid in full during the year ended September 30, 2020 through a current refunding with the issuance of the $10,500,000 Tax Exempt Utility System Refunding Bond, Series 2020B. Taxable Utility System Refunding Revenue Note Series 202OA: On April 30, 2020, the City issued $42,470,000 Taxable Utility System Refunding Revenue Note, Series 2020A (the "Series 2020A Note") to a financial institution, to refund a portion of the Series 2012 Bonds and pay the cost of issuance for the Series 2020A Note. The proceeds from the issuance of the Series 2020A Note, together with certain other funds of the City, were used to advance refund $39,675,000 of the Series 2012 Bonds, representing all Series 2012 Bonds due on and after November 1, 2022, which will be called for full redemption on November 1, 2021. The advance refunding of the Series 2012 Bonds resulted in an economic gain of approximately $3,127,000 and reduced the City's total debt service payments by approximately $4,807,000. The Series 2020A Note is 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 2.56% is payable on the Series 2020A Note on November 1St and May 1St and principal payments are due beginning November 1, 2020 through maturity on November 1, 2034. The City has an option to exchange the taxable Series 2020A Note to a $42,470,000 Tax Exempt Utility System Refunding Revenue Note, Series 2021A, with a fixed interest rate of 2.09%. The City must exercise the option no earlier than August 4, 2021 (90 days prior to the call date of November 1, 2021 for the Series 2012 Bonds). Page 100 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 3. Detailed Notes on All Funds (Continued) I. Noncurrent Liabilities (Continued) Business -type Activities (Continued) Principal and interest paid for the current year was $7,407,714. The Water and Sewer Utility System net revenues available for debt service for the current year were approximately $24.8 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 $934 million at September 30, 2020. There is no legal debt limit for business -type activities debt. Interest Expense Total interest costs incurred and paid on all City debt, including the CRA, for the year ended September 30, 2020, totaled $7,071,947 and $7,171,379, 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, 2020, the outstanding principal of the defeased bonds considered extinguished under these funding arrangements is as follows: Public Service Tax Revenue Bonds, Series 2006 $ 13,645,000 Water and Sewer Utility Revenue Bonds, Series 1992 4,150,000 Water and Sewer Utility Revenue Bonds, Series 1996 160,000 Water and Sewer Utility Revenue Bonds, Series 2012 39,675,000 Total defeased bonds J. Debt Service Reserve Surety Bonds The City's Water and Sewer Utility Revenue Refunding Bonds, Series 2002 and Water and Sewer Utility Revenue Bonds, Series 2012, collectively the "Bonds", 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") and Financial Guaranty Insurance Company ("FGIC") to satisfy the debt service reserve requirements for the Bonds at the date of issue. At September 30, 2020, AGM and FGIC 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"), or had their ratings withdrawn by these agencies. The surety bonds outstanding at September 30, 2020, have a credit rating lower than the City's underlying rating of AA- from S&P. 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 and FGIC that are held by the City at September 30, 2020. 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. Page 101 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 4. Other Information (Continued) 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, 2020, are as follows: Capital Other Water and Other General Projects Governmental Sewer Enterprise Fund Funds Funds Fund Funds Total Total contract amount $ 5,121,747 $ 7,984,313 $ 3,036,016 $ 30,123,142 $ 1,330,896 $ 47,596,114 Interim payments on contracts4269 151 7 385589 1 290 605 _25 267.571 - w_ 193 057 38 405.973 Remaining contract commitment �* $ 598,724 1.745.411 $ 4 855 571 1-137839 .$ 9.190.141 as o September 30, 2020 852,596 $ 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. City 0jeratincm Lease Commitments: The City entered into various operating lease agreements for equipment and communication services with various terms through March 2023. The leases are non -cancelable and include annual increases in base rent of 4% plus payment for taxes, insurance and maintenance of the equipment. Rent expense totaled approximately $1,532,000 for the year ended September 30, 2020. The future minimum lease payments on these operating lease agreements are as follows: Fiscal Year Ending September 30 2021 $ 179,296 2022 103,680 2023 51„840 Total $...._..... 334816 CRA O ,)eratin Lease Commitment: The CRA entered into an operating lease for office space commencing October 2011 with a term of ten years, and base monthly rent and maintenance expenses of approximately $6,400. The lease includes annual increases in base rent of 4% plus payment for real estate taxes, insurance and maintenance of the property. If the lease is terminated, the CRA is obligated to pay a portion of the monthly rent depending on the termination year. Rent expense totaled approximately $77,000 for the year ended September 30, 2020. The future minimum lease payments on this operating lease agreement are as follows: Fiscal Year Ending September,30„ KI Page 102 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 4. Other Information (Continued) C. Postemployment Benefits Other Than Pensions 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. Plan Membership Membership of the City's OPEB Plan as of October 1, 2019, the date of the most recent actuarial valuation, is summarized as follows: Inactive employees or beneficiaries currently receiving benefit payments 541 Inactive employees entitled to but not yet receiving benefit payments 0 Active employees 680 Total OPEB Liability The City's total OPEB liability of $11,300,032 was determined by an actuarial roll -forward to September 30, 2020 of the OPEB actuarial valuation as of October 1, 2019. The actuarial methods and significant assumptions used to determine the City's total OPEB liability for the current year are summarized as follows: Actuarial 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: Investment rate of return Projected salary increases (includes inflation at 2.25% October 1, 2019 September 30, 2020 Entry Age Normal None 6.25% for 2020 and gradually decreasing to an ultimate rate of 3.99% in 2044 Level Percent of Payroll — Closed 28 years N/A(1) . 2.41%(2) 3.5%-14.5% Mortality RP -2010 with generational improvements Using Scale MP -2018 (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, 2020. (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 decreased from 2.75% to 2.41 % for the current year. Page 103 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 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, 2020, the City recognized OPEB expense of $1,300,581. At September 30, 2020, 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 $ - $ 373,339 Changes in assumptions and other inputs 905,064 164,680 Total $ 905,064 $ 538,019 Amounts reported as deferred inflows and outflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending Se t ember 30 2021 $ 97,108 2022 97,108 2023 108,873 2024 111,231 2025 (47,275) D. Defined Benefit Pension Plans Description of Plans The City contributes to three single -employer defined benefit pension plans covering all full-time City employees. General Employees' gees' 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, 2020, the City's contribution was $7,289,319. 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 Page 104 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 4. Other Information (Continued) D. Defined Benefit Pension Plans (Continued) Plan Membership Membership data of the City's pension plans as of the most recent actuarial valuation date of October 1, 2019, is summarized as follows: General Police Em to ey es' Officers' Firgfi hters' Retirees, beneficiaries and DROP 439 147 122 participants receiving benefits Terminated employees entitled to benefits 50 23 2 but not yet receiving them Active members 366 125 115 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, 2020 were $17,368,664 for the General Employees' Pension Plan; $15,223,229 for the Police Officers' Pension Plan; and $19,828,385 for the Firefighters' Pension Plan. Investments Investment Polic 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, 2020. Page 105 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 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, 2019 and measurement date of September 30, 2020, using the following significant actuarial assumptions: Actuarial cost method Amortization method Remaining amortization period Asset valuation method Actuarial assumptions: General Police Employees' _ _ Officers' Firefighters' Entry age normal Level dollar, closed 6 years Entry age normal Level percent of payroll, closed 18 years Entry age normal Level percent of payroll, closed 19 years Five year smoothed Five year smoothed Five year smoothed market market market Investment rate of return* 7.08% Projected salary increases* 3.5%-8.6% Inflation rate 2.8% Cost of living adjustments None * Includes inflation rate 7.25% 7.50% 5.0%-6.5% 3.5%-14.5% 2.5% 2.5% 1 % annually 2% five years after retirement 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. Actuarial Chanes; There were no changes in benefits for the General Employees' and Police Officers' Pension Plans. The Firefighters' Pension Plan changed the benefits effective October 1, 2018 to cap the normal retirement benefit at $95,000 annually for firefighters not eligible for normal retirement on that date. On October 1, 2023' and annually thereafter, the cap is increased by 1.5%. The annual cap applies to early retirement, disability retirement and deferred vested retirement. New members hired after February 5, 2019 are classified as Tier 2 and receive different retirement benefits as follows: normal retirement will be the earlier of completion of 25 years of service regardless of age, or attainment of age 55 with 10 years of service. Vested members terminating service with less than 25 years of service will be eligible for a deferred normal retirement benefit beginning at age 55. The assumed investment return for the General Employees' Pension Plan was reduced from 7.18% to 7.08% for the year ended September 30, 2020. The investment return assumption is scheduled to be reduced by 0.10% per year until a target of 7.0% is reached. There were no changes in actuarial assumptions for the Police Officers' and Firefighters' Pension Plans. 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, 2020 are summarized in the following table: Page 106 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 4. Other Information (Continued) D. Defined Benefit Pension Plans (Continued) Changes in the Net Pension Liability (Continued) Balances at September 30, 2020 $ 159,571,394 $ 111,813,658 $ 47,757,736 Firefighters' Pension Fund Balances at October 1, 2019 Changes for the Current Year Service cost Interest Differences between expected and actual experience Changes in benefit terms Contributions — City Contributions — State Contributions — Employee Net investment income Benefit payments, including refunds $ 163,996,071 $ 122,792,356 $ 41,203,715 3,593,983 - 3,593,983 12,281,407 - 12,281,407 3,514,248 - 3,514,248 Increase (Decrease) 616,047 - 4,734,845 Total Plan Net - 1,448,783 Pension Fiduciary Pension Police Officers' Pension Fund Liability Net Position mw Liability Balances at October 1, 2019 $ 151,965,967 $ 107,146,116 $ 44,819,851 Changes for the Current Year Service cost 3,151,301 - 3,151, 301 Interest 10,983,024 - 10,983,024 Differences between expected and actual experience 708,903 - 708,903 Changes in benefit terms 16,771 - 16,771 Contributions — City - 5,815,515 (5,815,515) Contributions — State - 907,957 (907,957) Contributions—Employee - 1,166,999 (1,166,999) Net investment income - 4,736,754 (4,736,754) Other income - 59,006 (59,006) Benefit payments, including refunds of employee contributions (7,853,275) (7,853,275) - Administration expenses - (165,414) 165,414 Other (adjustments to reserves) 598,703 - ...........................w 598,703 Net Changes 7,605,427 4,667,542 _m 2,937,885 Balances at September 30, 2020 $ 159,571,394 $ 111,813,658 $ 47,757,736 Firefighters' Pension Fund Balances at October 1, 2019 Changes for the Current Year Service cost Interest Differences between expected and actual experience Changes in benefit terms Contributions — City Contributions — State Contributions — Employee Net investment income Benefit payments, including refunds $ 163,996,071 $ 122,792,356 $ 41,203,715 3,593,983 - 3,593,983 12,281,407 - 12,281,407 3,514,248 - 3,514,248 616,047 - 616,047 - 4,734,845 (4,734,845) - 881,763 (881,763) - 1,448,783 (1,448,783) - 15,834,660 (15,834,660) of employee contributions (7,748,238) (7,748,238) - Administration expenses - (229,164) 229,164 Other (rollovers into DROP) 72,315 327,937 (255,622) Net Changes 12,326,762 m mTeee15 250 586 �2 g2�.0,824 Balances at September 30, 2020 176,325,833 $ 138,042,942 38,282,891 Page 107 of 830 NOTES TO THE FINANCIAL STATEMENTS September 30, 2020 4. Other Information (Continued) D. Defined Benefit Pension Plans (Continued) Pension Expense and Deferred Inflows/Outflows of Resources Related to Pensions (Continued) Amounts reported as deferred inflows and deferred outflows of resources related to pensions will be recognized in pension expense as follows: Fiscal Year Ending General Police September 30, Em l!p a Officers' Firefighters' 2021 $ 1,234,856 $ 2,365,268 $ (420,396) 2022 1,894,598 2,140,998 (484,635) 2023 1,822,544 1,295,868 (63,461) 2024 60,235 665,218 (1,208,203) 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 20% of the total salaries of qualified participants to the 401(a) defined contribution retirement plan which totaled $211,063 for 2020. 5. Related Party Transactions The CRA is a blended component unit of the City. For the year ended September 30, 2020, the CRA's tax increment revenue includes $8,693,724 of taxes received from the City. 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, 2020, totaled approximately $5,810,000. Page 108 of 830 Required Supplementary Information Page 109 of 830 2018 2017 2016 2015 2014 $ 3,435,186 $ 3,115,194 $ 2,990,326 $ 2,954,646 $ 2,968,214 13,626,918 12,836,669 12,699,614 11,691,291 11,192,833 - - - 5,680,646 - 484,186 2,006,523 (4,891,541) 1,191,720 (13,973) 1,800,889 4,538,235 - (9,969,109) (9,749,117) (8,516,256) (7,784,781) (7,994,248) 30 897 ______34,453 ______16,82640,842 44„092 9,408,967 12,781,957 2,318,969 13,774,364 6,196,918 185„696„911 172,914,954 170„595,985 156,821,621 150 624703 19 105 7 _S 185.696.911 172,214,954 17%595,9§5 S 156 821 621 $ 7,110,298 $ 6,951,693 $ 7,615,053 $ 7,273,068 $ 6,780,773 1,532,846 1,520,068 1,450, 369 1,439,239 1,492, 985 15,250,355 17, 730, 273 16, 354, 236 1,605,790 11,833,483 (9,969,109) (9,749,117) (8,516,256) (7,784,781) (7,994,248) fi13777338) (144179 141,114) 142,577) (135,227), 13,786,652 16,308,738 16,762,288 2,390,739 11,977,766 163,934,113 149,625375 132,863 OG 87 130,472,,348 118,494582 S 179,720,765 S 165934,113 149,625.375 132,863.087_ S 130,472,348 15 385113 S 19 762 798 23,289,579 S 37 732,898 S. 26 349273 92.1% - o 46 8 .5°r°o 77.96 83.2,(, 21.456.414 21,223.071 20.193.471 "> 19.977.100 $ 20„698.471 71.7% 1153% 188.9% 127.„°0 Page 110 of 830 2018 2017 2016 2015 2014 $ 3,199,467 $ 2,886,162 $ 3,047,445 $ 2,767,701 $ 2,809,815 10,007,776 9,654,424 9,076,479 8,679,595 8,234,704 1,355,270 (1,118,136) 1,820,086 (1,776,804) (129,636) 3,525,859 3,177,559 (565,994) 617,426 28,186 (6,939,906) (6,270,887) (6,262,438) (5,507,892) (5,519,854) 5784453 533 304 4814282 395 891 255,655 11,726,919 8,862,426 7,596,860 5,175,917 5,650,684 133,.418,274 124,555,848 116,958„988 111,783„071 106132,387 5 11 ,958,988 S 111,781971 $ 5,355,058 $ 4,791,528 $ 4,391,305 $ 4,365,259 $ 4,159,736 825,507 781,307 735,945 675,227 645,579 1,214,260 976,688 928„153 1,040,875 911,375 6,379,064 8,797,727 8,254,453 1,428,464 7,154,203 102,504 98,740 109,362 78,814 28,186 (6,939,906) (6,270,887) (6,262,438) (5,507,892) (5,519,854) 163,266 167,698 '164398153104 $125,126) 6,773,221 9,007,405 7,992,382 1,927,643 7,254,099 95209,495 86,202,090 78,209,708 76,282,065 69"027,,966 _$ 101,982„716 S 95204.495 S 86,202,099 S 78.209308, S 76,282,065 S 43,162„477 $ 38,208.779 38.353,758__ _S 38.749.280 35 501006 70.3% 71.4% 69.2% 0. 2 LO.68.2°(0, 11.522,885 __11.834.34 11.279.37.5 S 11.553.613 S 11.070.863 74.,j” n22. ,% 34„G"1. _3Z.4% 20J% Page 111 of 830 2018 2017 2016 2015 2014 $ 3,717,529 $ 3,330,443 $ 3,204,682 $ 2,988,536 $ 2,772,724 11,208,637 10,066,945 9,542,671 8,955,215 8,188,369 1,224,054 668,799 (498,197) 708,071 (28,363) - 6,644,861 - 1,809,581 (4,342,743) (6,076,694) (5,510,050) (5,176,836) (4,308,771) (4,342,743) 2,695 161 �6694 � 79 370 399,111 656.082 10,070,831 15,039,304 7,151,690 10,551,743 7,246,069 148„770,660 133,731,356 126,579,666 116,027„923 108,781„.854 148.770„650 $ 133.731*356126.579.666 S 11&027,923 $ 5,444,061 $ 4,293,563 $ 4,195,420 $ 3,930,996 $ 3,522,147 789,121 883,314 923,246 963,573 1,016,561 1,473,516 1,477,115 1,485,128 1,251, 530 1,291, 773 9,221,736 12,165,106 9,197,486 282,853 7,187,580 (6,076,694) (5,510,050) (5,176,836) (4,308,771) (4,342,743) (141,569) (151,010) (161,122) (132,439) (122,390) 323,472 70 279 X411 139 8, 60 343,843 11,033,643 13,228,317 10,734,733 2,127,642 8,896,771 104,369,743 426 91r369.743 80,406,693 78„279,,091 69„382„320 115.403,386 . 104. 91141f 141.426 1, S 80.406,693 7„?,w 7,,,,. Mj 43,438,105 S 44„400.917 42,,589 930 $ 46172 973 37,74 $,832 7�•7° 70.2.t. jK.2'Y.0 0 67.5% 11.13 3.758 s 11,219.225 S 10.906.700 S 9.962.067 5 9,925.925 390.1% 395.8% 390.5% 463.5%380.3%0 Page 112 of 830 2018 2017 2016 $ 4,560,918 2015 4,856,392 2014 $ 7,110,298 $ 6,951,693 $ 7,608,338 $ 7,273,067 $ 6,780,773 7„110,298 6,951,693 7 615.053 10,906300 72730 68 50.5% _ 44,421 X773 $ — $ — $ (6,715) $ (1) $ — 21456 414 21 223071 20,193,471 19,977.100 20,698,471 33.1% 32.8% 37.7% 36 4°l0 $ 5,820,145 $ 5,256,615 $ 4,856,392 $ 4,830,346 $ 4,560,918 5,820,145 5,,256,615 4,856,392 4„830,3464624,823 4e977„374 $ $ — $ — $ - $ (63,905) S 11.522.888 11,834364 11,279,375= S 11.553.613 11.070„863 11,219,225 10,906300 5 9,962,067_, 50.5% _ 44,421 41.810. 41.8 $ 6,157,171 $ 5,075,517 $ 4,899,742 $ 4,635,318 $ 4,226,469 64226,015 5,075,517 4e977„374 4,635,318 4,226,469 $ (68,844) $ — $ (77,632) $ - 11758 11,219,225 10,906300 5 9,962,067_, 9.925,925 55.9%, 45.2OL. 45°o” 46.5% 42.6% Page 113 of 830 Fiscal Year Ended Se�rotember 30, 2020 2019 2018 2017 2016 2015 2014 Notes to Schedule: Required Supplementary Information Schedules of Investment Returns Pension Trust Funds Last Seven Fiscal Years Annual money -weighted rate of return, net of investment expenses General Police Employees' Officers' Firefighters' Pension Pension Pension Plan Plan Plan 7.30% 8.67% 6.44% 3.80% 5.86% 5.36% 9.70% 7.30% 8.78% 12.50% 11.04% 12.86% 12.60% 10.72% 11.07% 0.80% 2.50% 0.78% 10.20% 11.00% 9.54% 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. Page 114 of 830 Combining andIndividual ndividual and Financial Statements Page 115 of 830 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. ojmtonBeach L)eciaRevenue 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. Page 116 of 830 Major Governmental Funds Statements of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 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 Revenues over (under) expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of capital lease agreements Total other financing sources and uses Net change in fund balance Fund balance - beginning of year Fund balance - end of year Boynton Beach CRA Special General Revenue Fund Fund $ 49,045,707 $ 13,932,896 (8,693,724) - 7,899,485 - 10,907,151 - 7,598,573 1,168,931 6,883,199 - 468,382 261,296 - 246,953 225,982 5,600,127 - 80 217„149 15327 809 14,268,144 3,357,826 63,159,268 - 1,231,185 556,495 - 8,898,870 - 80,725,900 2,286,056 3,017,881 174,143,799 3 357 826 (93 926,650 11 969983 16,642,000 (2,598,073) (11,693,401) 79,853„165 93„897,09211693,401 (29,558) 276,582 17„475,097 2,906,346 5 17.445.539 3„182„92L Page 117 of 830 General Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) EXPENDITURES Current: General government 2020 2019 REVENUES 63,159,268 61,584,719 Taxes $ 49,045,707 $ 45,885,389 Less: tax increment revenue (8,693,724) (7,817,513) Licenses and permits 7,899,485 9,012,263 Intergovernmental 10,907,151 11,223,066 Charges for services 7,598,573 7,803,045 Special assessments 6,883,199 6,773,585 Fines and forfeitures 468,382 494,456 Rents and royalties 261,296 477,669 Investment earnings 246,953 323,014 Miscellaneous _____5,600,,127 2,879.073 Total revenues 80,217„149 77 054,047 EXPENDITURES Current: General government 14,268,144 16,386,586 Public safety 63,159,268 61,584,719 Physical environment 1,231,185 1,236,417 Economic environment 556,495 592,078 Culture and recreation 8,898,870 8,205,440 Capital outlay 80,725,900 818,754 Debt service Principal retirement 2,286,056 - Interest charges 3„017,881 Total expenditures 174 143,799 88,823 994 Revenues over (under) expenditures (93926„650) J11„769 947) OTHER FINANCING SOURCES (USES) Transfers in 16,642,000 15,927,000 Transfers out (2,598,073) (2,615,679) Issuance of capital lease agreements 79,853,165 - Total other financing sources and uses 93,897,092 13311,321 Net change in fund balance (29,558) 1,541,374 Fund balance - beginning of year 174475,097 _ _ 15,„933,723 Fund balance - end of year 1717 4� a 17,475,097 „ Page 118 of 830 Boynton Beach CRA Special Revenue Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Taxes Charges for services Investment earnings Total revenues EXPENDITURES Current: General government Capital outlay: General government Total expenditures 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 2020 2019 $ 13,932,896 1,168,931 225,982 15 327 809 3,357,826 3,357,826 11969 983 $ 12,549,087 1,304,480 294,159 14 147 726 3,366,813 38 101 3 404 914 10,742,812 (11,„693„4011 '[10,238,768) .__. 11,693,401) 1.n73'3 763 276,582 504,044 2,906,346 2,402„302 3.182,928 5 2,906.346 Page 119 of 830 MAJOR ENTERPRISE FUNDS 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. Water & Sewer Fund: To account for the operations of the City's water, sewer, and stormwater utility services. 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 120 of 830 Major Enterprise Funds Statements of Net Position September 30, 2020 ASSETS Current assets: Pooled cash and investments Accounts receivable, net Prepaid expenses Restricted assets: Restricted pooled cash and investments: Customer deposits Revenue bond covenants Capital improvements Restricted accounts receivable - customer deposits Total current assets Noncurrent assets: Investment in Regional Wastewater Joint Venture Intangible assets Capital assets not being depreciated Capital assets, net of accumulated depreciation Total noncurrent assets Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred charges on debt refundings Deferred amounts related to other postemployment benefits Deferred amounts related to pensions Total deferred ouflows of resources LIABILITIES Current liabilities: Accounts payable Accrued expenses Refundable deposits Compensated absences payable Due to other governments Current liabilities payable from restricted assets: Customer deposits Revenue bonds, current maturities Accrued revenue bond interest Contracts payable Total current liabilities Noncurrent liabilities: Revenue bonds payable, less current maturities, plus unamortized premium 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 other postemployment benefits Deferred amounts related to pensions Total deferred inlows of resources NET POSITION (DEFICIT) Net investment in capital assets Restricted for: Revenue bond covenants Unrestricted (deficit) Total net position (deficit) Water & Sewer Sanitation $ 17,555,406 $ 809,377 5,097,921 1,390,968 50.868 22 704195 2,200„345 1,568,466 8,667,960 _48 88 337 58,524,763 X38,500 263 81,267458 2,200„345 17,301,080 2,910,000 40,413,892 - 145,977,992 2,011 206,602,964 28� Z,,202„356 881,004 - 254,142 88,063 500-483 2,579„499 1 588 546 2,408,181 313,422 411,559 155,232 162,420 141,886 60,874 X367_ 3 196 413 529 528 1,606,966 4,640,000 921,857 1,302,861 8 471, 684 - 11668 097.. 529,528 78,177,392 - 949,541 407,391 3,173,049 1,099,493 5 248 349 1818 605 8 3,325,489 99,216,428 3,855,017 151,076 52,349 36 834 12 763 187,910 65,112 151,440,972 2,011 3,106,103 36,498,508 1,131,2381 2 JJLL S (1 129 227) Page 121 of 830 Major Enterprise Funds Statements of Cash Flows For the Year Ended September 30, 2020 Page 122 of 830 Water & Sewer Sanitation Cash Flows From Operating Activities Receipts from customers and users $ 48,581,867 $ 12,895,413 Receipts from others 69,844 2,988 Payments to suppliers (13,384,442) (3,568,925) Payments to employees (10,863,369) (3,732,517) Payments for interfund services used (804,830) __2272 889 Net cash provided by operating activities 23„599,070 3 324 070 Cash Flows From Non -Capital Financing Activities Transfers in - 10,000 Transfers out S 166,662 ____ L2526�,313 Net cash used in non -capital financing activities (8,166,662) ___.2,516 313 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (11,527,925) (951) Capital contributions 476,654 - Proceeds from issuance of revenue refunding bonds 52,970,000 Bond issuance costs paid (212,930) Payment to escrow agent for advance refunding of revenue bonds (52,972,928) Principal payments on revenue bonds (4,215,000) Interest payments nbonds 13,192,714) Net cash sed nca capital and related financing activities 8,674„843) �— — — — — -951.. Cash Flows From Investing Activity Interest on pooled cash and investments 791„160 2,571 Net cash provided by investing activity 791,160 2 571 Increase (decrease) in pooled cash and investments (2,451,275) 809,377 Pooled cash and investments - beginning of year 78 531,444 - Pooled cash and investments - end of year 76 &0169 809377 Reconciliation of Operating Income to Net Cash Provided By Operating Activities: Operating income $ 12,357,588 $ 3,447,208 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 11,558,779 2,233 Provision for doubtful accounts 97,346 - Miscellaneous income 69,844 2,988 Changes in operating assets and liabilities: Accounts receivable (129,435) (130,855) Prepaid expenses 1,013 - Deferred amounts related to other postemployment benefits 149,287 37,648 Deferred amounts related to pensions (325,678) (107,738) Accounts payable 283,016 (111,230) Accrued expenses 82,896 35,160 Due to other funds - (30,918) Refundable deposits 17,514 Due to other governments 12,705 Customer deposits 7,259 - Compensated absences payable 132,837 84,102 Other postemployment benefits (66,598) 157,685 Net pension liability649 303 (62,213) Total adjustments 11241482 123„138y Net cash provided by operating activities 23 592 Q79 - 5 3 324 070 Noncash Investing, Capital and Related Financing Activities: Equity in loss of Regional Wastewater Joint Venture $ (818,077) $ Amortization of bond premiums 62,746 Amortization of charges on refundings (108,873) Page 122 of 830 Water & Sewer Fund Statement of Revenues, Expenses, and Changes in Net Position For the Year Ended September 30, 2020 (With Comparative Figures for 2019) 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 Miscellaneous income Income before contributions and transfers Capital contributions Transfers: Transfers out Total transfers Change in net position Net position - beginning of year Net position - end of year 2020 2019 $ 24,049,139 $ 24,223,166 19,501,315 19,607,887 5,038,729 4,222x041 4 48„053,094 10,186,810 10,235,221 14,486,006 13,510,676 11558 779 11e587,273 36 231 595 35,333,170 1 12.719.924 791,160 1,434,773 (2,992,127) (3,164,365) (818,077) (691,556) 69,844 129,578 (2,949,200 (2,,291,570 9,408,388 10,428,354 476,654 1,732,808 X8,166 662' X661466 18,166,6624 ______,(Z,661,,466 1,718,380 4,499,696 189,327,203 184,827,507 91 04 583 1 2 7 Page 123 of 830 Sanitation Fund Statement of Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS Current assets: Pooled cash and investments Accounts receivable, net Total current assets Noncurrent assets: Capital assets, net of accumulated depreciation Total noncurrent assets Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits Deferred amounts related to pensions Total deferred outflows of resources LIABILITIES Current liabilities: Accounts payable Accrued expenses Compensated absences payable 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 other postemployment benefits Deferred amounts related to pensions Total deferred inflows of resources NET POSITION (DEFICIT) Net investment in capital assets Unrestricted (deficit) Total net position (deficit) 2020 2019 $ 809,377 $ 1 390 968 1„260,113 2 200 345 1,260113 2011 3,293 2011 3,293 2,202356 1,263,406 88,063 92,672 500483 377,893 �SS8,546 470,565 313,422 424,652 155,232 120,072 60,874 49,941 - 30„918 529 528 625,583 407,391 334,222 1,099,493 941,808 1,81§,605 1,880818 3325489156848 _ 3,855,017 3,782,431 52,349 19,310 12763 (2,089p 65,112 17,221 2,011 3,293 1 13� 1�„ 2068,974 5 (1 129 2271 5 (2 065 6811 Page 124 of 830 Sanitation Fund Statement of Cash Flows For the Year Ended September 30, 2020 (With Comparative Figures for 2019) Page 125 of 830 2020 2019 Cash Flows From Operating Activities Receipts from customers and users $ 12,895,413 $ 12,646,433 Receipts from others 2,988 62 Payments to suppliers (3,568,925) (4,787,274) Payments to employees (3,732,517) (3,598,759) Payments for interfund services used ____JL272 889` {1,840.,505) Net cash provided by operating activities 3,324,070 2,419,957 Cash Flows From Non -Capital Financing Activities Transfers in 10,000 10,000 Transfers out 2526.313 (2,,428,906) Net cash used in non -capital financing activities 251, (2,418,906) Cash Flows From Capital and Related Financing Activity Acquisition of capital assets 951 (1,148} Net cash used in capital and related financing activity P g y 951 _ .gym f 1 1481.. Cash Flows From Investing Activity Interest on pooled cash and investments 2571 97 Net cash provided by investing activity 2 571 97 Increase in pooled cash and investments 809,377 - Pooled cash and investments - beginning of year - Pooled cash and investments - end of year S 809 377 Reconciliation of Operating Income to Net Cash Provided By Operating Activities: Operating income $ 3,447,208 $ 3,858,932 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 2,233 1,610 Miscellaneous income 2,988 62 Changes in operating assets and liabilities: Accounts receivable (130,855) 17,509 Due from other governments - 5,907 Deferred amounts related to other postemployment benefits 37,648 (97,754) Deferred amounts related to pensions (107,738) (642,148) Accounts payable (111,230) 246,452 Accrued expenses 35,160 (1,576) Due to other funds (30,918) (1,714,113) Compensated absences payable 84,102 26,643 Other postemployment benefits 157,685 166,889 Net pension liability 62,2131 551544 Total adjustments123„1381 1438 975 Net cash provided by operating activities_ S 2 419 957 Page 125 of 830 NON -MAJOR 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 SafetLFund: To account for revenues and expenditures related to red light traffic cameras. Local ONition Gas Tax Fund: To account for gas tax revenues restricted for roadway program expenditures. CommunityImprovements Fund: To account for revenues and expenditures relative to the City's low- income home improvements program. Green Buildnl 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. Communis , Services Fund: To account for assets that are restricted for designated purposes. 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. 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 Ca vital Im )rovements 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. Bminton Beach CRA Bond Projiects Fund: To account for capital projects funded through bonds issued by the Boynton Beach Community Redevelopment Agency. Local Government Surtax Imrovement Fund: To account for infrastructure projects that will be funded by the one -cent sales surtax. Page 126 of 830 124723 � 2 455,249 �,$ 252 653 ti 5� -LIID .450 5 1,156 574 _ 11417 1 9 2 124 (Continued) Page 127 of 830 S ecial Revenue Funds Boynton Sub Total Local Beach Special Traffic Option Community Green Public Recreation Memorial Community Revenue Sgety Gas Tax Improvements Building Art ___Pro&ram Park_ Services Funds $ 2,046,806 $ 355,614 $ $ 252,653 $ $ 561,912 $ 3,127,111 $ 1,135,777 $ 10,579,324 - - - 240 12,339 - 23,519 77,917 99,635 - - 20,797 814,266 2 124.723 455 249 S 252.653 ` 5 1,156,574=7 S 11.41.109 $ 76,794 $ - $ $ 3,402 $ 171,341 $ 23,500 $ 3,026 $ 106,145 $ 422,517 _ 7,011 - 2,405 4,403 3,940 - 17,759 - 171,927 110,603 - - 859,017 44,654 - 44,654 67,737 67,737 121,448 178,938 3 402 ,- 352,086_ X66 106,145 1,411,684 60,872 - - _ - 312,271 699,614 699,614 - 3,144,526 455,249 - 455,249 - 350,815 350,815 2,003,275 _ - 2,003,275 _ _ 534,249 - 534,249 _ - 3,132,484 3,132,484 249,251 - _ 249,251 - _ 239,810 - _012 86 - 876 309Y 2,003275 455„249239 �.... 810 249,257 _352086 p 534,249 3 7�. , 1..,050.429 ,154 96'3 124723 � 2 455,249 �,$ 252 653 ti 5� -LIID .450 5 1,156 574 _ 11417 1 9 2 124 (Continued) Page 127 of 830 Capital Projects Funds Boynton Beach Local Sub Total Non -Major CRA Government Capital Governmental Bond Surtax Projects Funds .....Pro ects Improvement Funds Total $ 11,081,596 $ 3,055,142 $ 17,339,527 $ 32,756,304 - - - 784,217 - 339,893 339,893 1,376,692 _ _ 33.972 33,972 $ 74,767 $ 536,058 $ 668,589 $ 1,091,106 - 13,439 13,439 31,198 _ _ 859,017 44,654 67,737 202,,476 202 476 74 767549 497 2,296 188, - - 312,271. 33,972 33,972 33,972 699,614 3,144,526 - 116,097 2,845,538 2,845,538 3,300,787 350,815 5,777,612 - 5,777,612 5,777,612 5,704,587 2,003, 275 534,249 3,132,484 5,229,217 8,171,766 8,421,017 - - 876309 11,040,801 2.845,538 16„828.888 32,342,776 S 11.115.568 S 3.395.035 S 17,713.392 S 34.951.185 Page 128 of 830 Page 129 of 830 Special Revenue Funds Boynton Sub Total Local Beach Special Traffic Option Community Green Public Recreation Memorial Community Revenue Safety Gas Tax Improvements Buildin8 Art Pro ram Park Services Funds $ $ 1,229,597 $ - $ $ $ $ $ $ 1,229,597 3,144,575 66,982 307,826 174,110 548,918 1,921,180 - - - _ _ 202,038 2,123,218 16,494 2,529 - 1,895 4,251 48,010 7,922 85,854 - - - - 13,871 - - 230,893 244,764 158 - - 15976 8„945 - 1,,937832 ,, 1„2321126 13 871 328,053 231,065 440,8537,402005 279,144 - - 259,886 41,084 588,704 729,723 _ _ 116,044 992,708 - 1,150 64,006 - 65,156 - 149,617 - _ _ - 600,399 _ 268,341 318,671 31,963 734,938 55,722 666,769 387,910 2,650 156,675 653,712 1,008„867 1,150 149 617 64 006 656 251 321321 259„886 401488 4 302 386 928„965 1 230 976 ®� 149 617 � ) 4 871 642 380)099,619 6,732 (28,821y 39,365 3 12,869 20,000 36,171 (968 325 (1,300,000) - - (43,557) __JI324,753 (968,325 (1,300,000) 20p000(43,557) (2,288,582) (39,360) (69,024) (136,748) 4,871 (622,380) 6,732 (72,378) 39,365 811,037 2,042 6335 5� (103„062) 244,380_ 270„294 527,517 3 2� 1,011,064 8 882 117 S 22 0. S 1 810) 249,251 S (352,086)53_4 249 3,132.484 z 10 9"693,154 (Continued) Page 129 of 830 Capital Proiects Funds Boynton Beach Local Sub Total Non -Major CRA Government Capital Governmental Bond Surtax Projects Funds Pro,iects Improvement Funds Total $ $ $ $ 11,795,263 5,331,081 5,331,081 8,475, 656 - 184,117 733,035 - 2,123, 218 157,815 66,595 362,612 478,627 _ _ 244,764 _ _ 278,616 303,695 1578155v397m676 6,156,426 24„154"258 - - 3,201 599,466 _ 992,708 - 1,067 66,223 10,151,278 - 10,151,278 10,751,677 - 31,168 31,347 766,285 _ 84,335 84,335 666,769 - 205,000 205,000 368,626 - 368,626 368,626 - 5,846,164 8,704,576 9,358,288 2,834,578 6,691,578 255„243 _ 960„784 10,519,904 5,877 332 22,639 251 3151_11739 (10,362„089)479,656 X16„482,825'1 (7,357,481) 9,553,549 - 16,994,001 19,170,024 __5 760 427(5,775,427;q (15 940,180 __9,551549 , 5 760 427 11,218574 3 229244 (808,540) (6,240,083) (5,264,251) (4,127,637) 1-1,849 3419085,62122093139 36470363 36 S 11040 801 J 2$45.538 16,828.888 32,342„726 Page 130 of 830 Grants Fund Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Intergovernmental Total revenues EXPENDITURES Current: Public safety Culture and recreation Capital outlay: Public safety Culture and recreation Total expenditures Revenues over (under) 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 2020 2019 972,153 $ 358 688 972,153 358,688 146,941 144,866 115,963 99,827 611,047 117,118 106,477 20,298 980 428 382,109 (8,275) (23,421) __2,302 10,023 3,302 10 D23 (4,973) (13,398) (150,852) '137454' V155 8251,: (150 852 „, Page 131 of 830 FEMA Hurricane Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Intergovernmental Total revenues EXPENDITURES Current: General government Total expenditures Net change in fund balance Fund balance - beginning of year Fund balance - end of year 2020 2019 $ 1615,654 87.412 1615 654 87,411 8 59016,811 8,590 16,811 1,607,064 70,600 895,923 825,323 2.502.987 89 2 Page 132 of 830 SHIP Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Intergovernmental Investment earnings Total revenues EXPENDITURES Current: Economic environment Total expenditures Revenues over (under) 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 2020 2019 $ 493,768 $ 503,434 4 753 10,485 498,521 513,919 254 274 538,302 254,274 538.302 244 247 (24„383) �12,871j 47 061 12,871) 47 061. 231,376 (71,444) 410,163 481,,607 641.539 `a 4104163 Page 133 of 830 CDBG Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Intergovernmental Miscellaneous Total revenues EXPENDITURES Current: Economic environment Total expenditures Revenues over (under) expenditures OTHER FINANCING USES Transfers out Total other financing uses Net change in fund balance Fund balance - beginning of year Fund balance (deficit) - end of year 2020 2019 $ 63,000 $ 374,887 - 4„251 63000 379„138 196,508 203,145 196,508 203,145 133,508 _________175,993 171,742 � (1714,742 (133,508) 4,251 4,920 669 (12 588Y a 4,920 Page 134 of 830 Traffic Safety Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Fines and forfeitures Investment earnings Miscellaneous Total revenues EXPENDITURES Current: General government Public safety Total expenditures 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 2020 2019 5 1,921,180 $ 1,844,392 16,494 17,649 158 - 1,937,832 1,862,041 279,144 259,122 72%723 806,481 1,008,867 1,065,603 928,965 796438 968 325 __ 100 000' 1-2 (968,325) (100,„000) (39,360) 696,438 2„042,635 1,346,197 2 003.275 Page 135 of 830 Local Option Gas Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Taxes Investment earnings Total revenues EXPENDITURES Current: Physical environment Total expenditures 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 2020 2019 $ 1,229,597 $ 1,365,106 2,529 3 068 1,232,126 1 368174 1,150 1 150 1,150 1,150 1,230,976 1367,024 1„300000 1300 0 (1,300,000) , 1300 000 (69,024) 67,024 524 273 457,249 455 249 524,273 Page 136 of 830 Community Improvements Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Totalassets 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) 2020 2019 $ - $ 6 7,011 7,475 171927 34109 178,938 42,190 60,872 60,872 (239,810; (103,062) (239,810) (103,062)„ Page 137 of 830 Community Improvements Fund Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) Budget and Actual For the Year Ended September 30, 2020 Page 138 of 830 Variance with Original Final Final Budget Budget Budget Actual Positiv_e_iNe ative REVENUES Miscellaneous 7,100 $ 7„100 $ 21100 Total revenues 7„100 7„100 7 100 EXPENDITURES Current: Economic environment 245„580 245,580 149,617 95,963 Total expenditures 245580 245,580 149,617 95,963 Revenues over (under) expenditures (2381480) J238„480 149 6171 88„863_ OTHER FINANCING SOURCES Transfers in 170,000 170,000 12,869 (157,131) Appropriated fund balance 68,480 _ 68,,480 - (68,480) Total other financing sources 238,480 238„480 12,869 _225 611 Net change in fund balance - $ - (136,748) S (136.7481 Fund balance (deficit) - beginning of year � 103 062 Fund balance (deficit) - end of year (239 810 Page 138 of 830 Green Building Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Charges for services Investment earnings Total revenues EXPENDITURES Current: Physical environment Capital outlay: General government Total expenditures Revenues over expenditures Net change in fund balance Fund balance - beginning of year Fund balance - end of year 2020 2019 $ 66,982 $ 105,597 1,895 2 137 68,877 107,734 64,006 21,789 - 7025 64,006 28,814 4,871 78,920 4,871 78,920 244,380 165,460 249,251 _ 244,380 Page 139 of 830 Public Art Fund Statement of Revenues, Expenditures, and Changes in Fund Balance (Deficit) For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Licenses and permits Donations Miscellaneous Total revenues EXPENDITURES Current: Culture and recreation Capital outlay: Culture and recreation Total expenditures Revenues over (under) expenditures OTHER FINANCING SOURCES Transfers in Total other financing sources Net change in fund balance Fund balance - beginning of year Fund balance (deficit) - end of year 2020 2019 13,871 13 871 268,341 387 910 656 251 642, 380 $ 820,114 959 1,007 822,080 678,455 678,455 143,625 20,000 20,000 2000020 ,000 (622,380) 163,625 270,294 106 669 5 (352.0861 Page 140 of 830 Recreation Program Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Receivables, net Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Accrued liabilities Total liabilities Fund balance: Assigned to: Culture and recreation Total fund balance Total liabilities and fund balance 2020 2019 $ 561,912 $ 536,701 240 1,338 561152_ 538.039 $ 23,500 $ 7,964 4,403 2 558 27,903 10,522 534,249 527,517 534,249 527 517 562152 S 534 Page 141 of 830 Recreation Program Fund Statement of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual For the Year Ended September 30, 2020 EXPENDITURES Current: Culture and recreation Capital outlay: Culture and recreation Total expenditures Revenues over (under) expenditures OTHER FINANCING SOURCES Appropriated fund balance Total other financing sources Net change in fund balance Fund balance - beginning of year Fund balance - end of year 496,051 492,601 318,671 173,930 - 3,450 2,650 800 496,051 496j051 321,321 1741730 5 897 15,897] 6„732 12,629 5,897 5:897 - ��(5 897) 5,897 _ 5„897 - 5897' s - 6,732 6,732 527,517 534 249 Page 142 of 830 Variance with Original Final Final Budget Budget Bud,et Actual Positive�Ne atve REVENUES Charges for services $ 477,054 $ 477,054 $ 307,826 $ (169,228) Investment earnings - - 4,251 4,251 Miscellaneous 13,100 13,100 15,976 2,876 Total revenues 490154 490,154 328,.053162 101 EXPENDITURES Current: Culture and recreation Capital outlay: Culture and recreation Total expenditures Revenues over (under) expenditures OTHER FINANCING SOURCES Appropriated fund balance Total other financing sources Net change in fund balance Fund balance - beginning of year Fund balance - end of year 496,051 492,601 318,671 173,930 - 3,450 2,650 800 496,051 496j051 321,321 1741730 5 897 15,897] 6„732 12,629 5,897 5:897 - ��(5 897) 5,897 _ 5„897 - 5897' s - 6,732 6,732 527,517 534 249 Page 142 of 830 Boynton Beach Memorial Park Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Charges for services Investment earnings Miscellaneous Total revenues EXPENDITURES Current: General government Total expenditures Revenues over (under) 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 2020 2019 $ 174,110 $ 154,045 48,010 144,821 8,945 12 478 231,065 311.344 259,886 1 337,707 259„886 337,707 (28„821, (26,363) ______L4,3557) (41,690)_ fi43,557L (41,,690Y, (72,378) (68,053) 3,204„862 3272,915 3 132 484 3,204,862 Page 143 of 830 Community Services Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Receivables, net Due from other governments Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Refundable deposits Total liabilities Fund balance: Restricted for: Public safety Other purposes Total fund balance Total liabilities and fund balance 2020 2019 1,135,777 $ 1,014,278 - 120 20,797 1,156.574 5 1.014.398 $ 106,145 $ 68 - 3266 106145 3,334 699,614 529,142 350,815 481,922 1050.429 11011,064 1„014398 Page 144 of 830 Public Service Tax Debt Service Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Taxes receivable Due from other governments Total assets FUND BALANCE Fund balance: Assigned to debt service Total fund balance Total liabilities and fund balance 2020 2019 $ 4,721,356 $ 4,424,308 760,698 734,602 222 533 226„841 > 5 704.5875,385 751 5,704587 5„385,751 5 704 587 5,385,751 `, 5.704.587 38„5,751 Page 145 of 830 Public Service Tax Debt Service Fund Statement of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual For the Year Ended September 30, 2020 REVENUES Taxes Investment earnings Total revenues EXPENDITURES Current: General government Debt service: Principal retirement Interest charges Total expenditures Revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers out Approriated fund balance Total other financing sources (uses) Net change in fund balance Fund balance - beginning of year Fund balance - end of year Variance with Original Final Final Budget Budget Bud'et Actual Positive Ne ative $ 9,855,000 $ 9,855,000 $ 10,565,666 $ 710,666 1 500 1„500 24 745 23245 9,856,.500 9,.856,500 10t590,411 733„911 20,000 4,500 7,561 (3,061) 1,970,000 2,095,000 2,095,000 - 370,000 330M0 329,014 986 2,360M0 2 429 500 2 431 575 2.075 76 500 7,427000 8,158,836 731,836 (7,840,000) (7,840,000) (7,840,000) 343„500 413,000 413 000 7,496,500 � (7,427 000) (7„840,000,) 413 000 318,836 _ 318x836 5„385,751 l 5704 7 Page 146 of 830 Boynton Beach CRA Debt Service Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Investment earnings Total revenues EXPENDITURES Debt service: Principal retirement Interest charges Total expenditures Revenues over (under) 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 2020 2019 5„416 15,417 5,416 15,417 1,762,000 1,711,000 376„527 422,709 2„138„527 2,133,709 (2,133,111�2 118 292) 2,139,852 2„136,465 .....2,139„852 2136465 6,741 18,173 109„356 91,183 116_097 109.356 Page 147 of 830 General Capital Improvements Fund Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended September 30, 2020 (With Comparative Figures for 2019) REVENUES Intergovernmental 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 Revenues over (under) expenditures OTHER FINANCING SOURCES Transfers in Issuance of installment debt Issuance of long-term debt Total other financing sources Net change in fund balance Fund balance - beginning of year Fund balance - end of year 2020 2019 $ $ 67,925 135,908 1,252 278 616 1,600,,000 414 524 1.669,177 3,201 1,639,804 179 618 18,500 - 205,000 - 2,858,412 8,136,103 2,834,578 2,709,366 91;c; 941 378,633 6,175,113 12 864,524 5,760,589)J11,195,3471 7,440,452 1,065,000 - 1,836,998 - 6,8508000 w 7„440„452 9,751998 1,679,863 (1,443,349) 988„842 2,432,191 _j___2&§L7QL 988,842 Page 148 of 830 Parks & Recreational Facilities Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Receivables, net Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Fund balance: Assigned to: Capital projects Total liabilities and fund balance 2020 2019 5 273,844 5 185,808 - 25 273„844 6,498 16 498 273,844 169,335 273.844 1 185 833 Page 149 of 830 Boynton Beach CRA Bond Projects Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Prepaid items Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Refundable deposits Total liabilities Fund balance: Nonspendable: Prepaid items Committed for: Capital projects Assigned to: Capital projects Total fund balance Total liabilities and fund balance 2020 2019 $ 11,081,596 $ 12,502,034 33372 72,191 11,115 56.8 5 amm12 574,225 $ 74,767 $ 724,674 - 210 74 767 724,884 33,972 5,777,612 72,191 4,231,375 5,229,217 7,545,775 11 040,801 11849 341 1 12,574,225 Page 150 of 830 Local Government Surtax Improvement Fund Balance Sheet September 30, 2020 (With Comparative Figures for 2019) ASSETS Pooled cash and investments Receivables, net Due from other governments Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Accrued liabilities Total liabilities Fund balance: Restricted for: Capital projects Total fund balance Total liabilities and fund balance 2020 2019 5 3,055,142 8,734,611 - 601,008 339,893 373„433 3..395,035 9,709Q52 „„ $ 536,058 $ 527,287 13,439 96,144 549 497 623,431 1,845,538 9085,621 211845,538 9,085,621 5 3.395.035 5 9.709.052 Page 151 of 830 NON -MAJOR 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 152 of 830 OPERATING EXPENSES Personal services and benefits Supplies, services and claims Depreciation and amortization Total operating expenses Operating income NONOPERATING EXPENSES Transfers: Transfers out Total transfers Change in net position Net position - beginning of year Net position - end of year 1,001,559 Golf Course Fund 606,334 608,289 123,033 Statement of Revenues, Expenses, and Changes in Net Position 1730,926 1 699 604 For the Year Ended September 30, 2020 289,405 (With Comparative Figures for 2019) 2020 2019 OPERATING REVENUES Charges for services: Cart and green fees $ 1,640,199 $ 1,609,786 Dues 69,621 72,100 Other services 308J51 307,123 Total operating revenues 2,018,371 1989,009 OPERATING EXPENSES Personal services and benefits Supplies, services and claims Depreciation and amortization Total operating expenses Operating income NONOPERATING EXPENSES Transfers: Transfers out Total transfers Change in net position Net position - beginning of year Net position - end of year 1,001,559 969,934 606,334 608,289 123,033 121.381 1730,926 1 699 604 287 445 289,405 43,580) ____ 27 3K �43 580 27 384 243,865 262,021 392,939 130,918 636,804 a 392,939 Page 153 of 830 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 154 of 830 Internal Service Funds Combining Statement of Revenues, Expenses, and Changes in Net Position For the Year Ended September 30, 2020 (With Comparative Figures for 2019) Vehicle Self Total Total Service Warehouse Insurance 2020 2019 OPERATING REVENUES Charges for services . a5 $ 8„710,010 Total operating revenues 3,952,092 390,921 5,501„116 9,844,129 8710,010 g 3 952,092 390 921 5 501 116 9„844,129 OPERATING EXPENSES Personal services and benefits 1,158,097 395,494 507,482 2,061,073 $ 1,883,512 Supplies, services and claims 2,831,545 30,525 5,717,992 8,580,062 8,415,273 Depreciation and amortization 4 - 4„272„531 4,032240 Total operating expenses 826.1„111 427,081 6,225„474 14,913„666 14 331 025 Operating loss (4,309,0191 (36160) (724,358) 5,069,5371 21,015) NONOPERATING REVENUES Investment earnings - 15,516 15,516 18,966 Gain on disposal of capital assets 283,745 - 283,745 178,434 Miscellaneous income 17,720.. 61,596 79,316 471.110 atin revenues p g 301465 77,112__ 378,,577 668,510 Loss before transfers X4,,007,554) (36,160) (647,246) 4,690,960 __J1,952,505' Transfers: Transfers in 4,533,883 - 618,750 5,152,633 5,004,550 Transfers out -6 448 (6„448) (6n4481 Total transfers 4,533 883 6 448 618750 5„146,185 4998,102 Change in net position 526,329 (42,608) (28,496) 455,225 45,597 Net position (deficit) - beginning of year 1Q,35&771 197,294.3239,8831 6,915J94 6,869„997 Net position (deficit) - end of year 10,879,100 S (239.902) S (3.268.379) __S 7 374.819 _S 6.915„594 Page 155 of 830 Vehicle Service Fund Statement of Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS Current assets: Pooled cash and investments Other receivables Inventories Total current assets Noncurrent assets: Capital assets not being depreciated Capital assets, net of accumulated depreciation Total noncurrent assets Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 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 other postemployment benefits Deferred amounts related to pensions Total deferred inflows of resources NET POSITION Investment in capital assets Unrestricted (deficit) Total net position 2020 2019 $ 1,000,048 $ - 296 251412 4734315 1,251460 473,611 33,166 33,166 11,605,938 11,,826,270 11,639 104 11,859,436 12,890 564 12,333„047 20,816 21,988 118,305 139121 _____99.506 121,,494 1,332,657 168,819 41,373 30,736 9,279 8,811 -1,160,301 1 383 309 1„368,667 62,098 58,967 259,901 223,462 429,886 446,092 751,,885 7289521 2135194 2,097,188 12,374 4,582 3,017 - 15,,3914,582 11, 639,104 11,859,436 ;760,004 1,5065 1Q,879,100 10352.771 Page 0 3527 - Page 156 of 830 Vehicle Service Fund Statement of Cash Flows For the Year Ended September 30, 2020 (With Comparative Figures for 2019) Page 157 of 830 2020 2019 Cash Flows From Operating Activities Receipts from interfund services provided $ 3,952,388 $ 3,330,581 Receipts from others 17,720 140,450 Payments to suppliers (1,266,108) (3,106,089) Payments to employees (1,130,446) (1,021,072) ( ices usedp Payments fornterfund services Y 179 696 X21 685 Net cash provided b used in operating activities g 1 393 858 X870 815) Cash Flows From Non -Capital Financing Activities Loans from other funds - 1,160,301 Loans to other funds (1,160,301) - Transfers in 4,533583 4,385,800 Net cash provided by non -capital financing activities 3,373„582 5,546,101 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (4,051,137) (6,646,517) Proceeds from sale of capital assets 283,745 178,434 Net cash used in capital and related financing activities3n767 392 (6,468,083) Cash Flows From Investing Activity Investment income - 13 Net cash provided by investing activity - 13 Increase (decrease) in pooled cash and investments 1,000,048 (1,792,784) Pooled cash and investments - beginning of year - 1,,792,784 Pooled cash and investments - end of year =1„ 1 OOG 4 Reconciliation of Operating Loss to Net Cash Provided By (Used In) Operating Activities: Operating loss $ (4,309,019) $ (4,334,779) Adjustments to reconcile operating loss to net cash provided by (used in) operating activities: Depreciation and amortization 4,271,469 4,030,965 Miscellaneous income 17,720 140,450 Changes in operating assets and liabilities: Other receivable 296 (296) Inventories 221,903 (303,592) Deferred amounts related to other postemployment benefits 8,964 (23,193) Deferred amounts related to pensions (15,782) (152,329) Accounts payable 1,163,838 (414,238) Accrued expenses 10,637 4,727 Compensated absences payable 3,599 11,175 Other postemployment benefits 36,439 39,598 Net pension liability (16,206) 130,697 Total adjustments ,702,877 5 3463964 Net cash provided by (used in) operating activities 393 858 S (870.8151 Noncash Capital and Related Financing Activity: Gain on disposal of capital assets $ 283,745 $ 178,434 Page 157 of 830 Warehouse Fund Statement of Revenues, Expenses, and Changes in Net Position For the Year Ended September 30, 2020 (With Comparative Figures for 2019) 2020 2019 OPERATING REVENUES Charges for services; 390,921 $ 379,133 Total operating revenues 390,921 379 133 OPERATING EXPENSES Personal services and benefits Supplies, services and claims Depreciation and amortization Total operating expenses Operating loss Transfers: Transfers out Total transfers Change in net position Net position (deficit) - beginning of year Net position (deficit) - end of year 395,494 400,511 30,525 33,129 1,062 1,275 427 081 434 915 336 l ffi (55,782 86,448) (6,,,448) (6,448) 6,448 (42,608) (62,230) L19Z,2941 X135,0641 _. 23 9. 02 a C 197 2`94'V, Page 158 of 830 Self Insurance Fund Statement of Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS Current assets: Pooled cash and investments Accounts receivable Total current assets Total assets DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits Deferred amounts related to pensions Total deferred outflows of resources LIABILITIES Current liabilities: Accounts payable Accrued expenses Provision for insurance losses, current portion Compensated absences payable, current portion Total current liabilities Noncurrent liabilities: Provision for insurance losses, less current portion 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 other postemployment benefits Deferred amounts related to pensions Total deferred inflows of resources NET POSITION (DEFICIT) Unrestricted (deficit) Total net position (deficit) 2020 2019 $ 3,449,090 $ 2,937,387 - 1028 1449,090 2„938 415 3,449 0902,938,415 11,223 9,975 63,782 45 622 75 005 55,597 304,569 304,228 19,663 13,401 2,066,205 1,994,614 4 6532„108 2,3951090 2,31435_1_p 3,986,062 3,550,574 31,139 14,110 140,120 101,375 231,765 227,065 4,389,086 3,893,124 6,784176 6,207,475 6,671 2,078 1,627 24„342 8,298 26,420 X3,,268,379) 3,239 883 S 13.268.379) 5839 883 Page 159 of 830 Self Insurance Fund Statement of Cash Flows For the Year Ended September 30, 2020 (With Comparative Figures for 2019) Page 160 of 830 2020 2019 Cash Flows From Operating Activities Receipts from interfund services provided $ 5,502,144 $ 4,998,972 Receipts from others 61,596 330,660 Payments to suppliers (5,210,440) (5,080,632) Payments to employees (475,731) (433,395) Payments for interfund services used 132137 Net cash used in operating activities 122 563 (184,532) Cash Flows From Non -Capital Financing Activity Transfers in 618„750 618,750 Net cash provided by non -capital financing activity 618,750 618,750 Cash Flows From Investing Activity Investment income 15 516 18,953 Net cash provided by investing activity 15516 18,953 Increase in pooled cash and investments 511,703 453,171 Pooled cash and investments - beginning of year 2,937,387 2,484 216 Pooled cash and investments - end of year 3,44%090 �2 937 387 Reconciliation of Operating Loss to Net Cash Used In Operating Activities: Operating loss $ (724,358) $ (1,230,454) Adjustments to reconcile operating loss to net cash used in operating activities: Miscellaneous income 61,596 330,660 Changes in operating assets and liabilities: Accounts receivable 1,028 (1,028) Prepaid expenses _ 11,380 Deferred amounts related to other postemployment benefits 3,345 (10,522) Deferred amounts related to pensions (40,875) (73,816) Accounts payable 341 (3,442) Accrued expenses 6,262 647 Provision for insurance losses 507,079 690,493 Compensated absences payable 19,574 (397) Other postemployment benefits 38,745 17,964 Net pension liability 4,700 83„983 Total adjustments 601795 1045922 Net cash used in operating activities , ,, 122 §L 5 d184.532i Page 160 of 830 Pension Trust Funds Combining Statement of Fiduciary Net Position September 30, 2020 (With Comparative Figures for 2019) Page 161 of 830 General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2020 2019 ASSETS Cash $ 1,256,105 $ 2,373 $ $ 1,258,478 $ 1,188,373 Investments: Money market mutual funds 1,607,547 - 2,274,896 3,882,443 4,279,366 U.S. Government and Agency obligations 13,692,385 15,159,286 28,851,671 22,276,095 Municipal obligations 70,958 - 70,958 - Mortgage-backed securities 2,639,921 - - 2,639,921 2,898,940 Corporate obligations 10,555,345 12,410,695 22,966,040 15,756,730 Equity securities 44,322,860 - 31,524,930 75,847,790 91,941,462 Equity mutual funds 72,497,680 - 72,497,680 50,251,231 Equity investment funds 15,232,144 72,058,817 33,119,808 120,410,769 110,313,855 International equity investment funds - - 22,618,202 22,618,202 21,014,778 Fixed income investment funds - 32,148,047 13,276,631 45,424,678 43,585,162 Real estate investment funds 32,390,460 7,086,338 7,570,684 47,047,482 49,982,404 Interest and dividends receivable 147,193 - 164,103 311,296 321,190 Pending trades receivable 417,035 550,117 - 967,152 697,767 DROP loans - 174,190 136,960 311,150 458,716 Prepaid expenses 4596 10,473 12y903 27,972 22,939 Total assets 194834229 112 030355 138N269 098 445„133682 41, LIABILITIES Accounts payable 300,094 187,697 76,904 564,695 530,145 Pending trades payable 461*326m„ �29 000 .149 ,252 639,578 Total liabilities ..761.420 97 226156 1,204x273 NET POSITION Net position restricted for pension benefits 1 194 072 809 _ L 111 813 658 _LLU 042 942 443 929 40941 ,,3 KL�16 , Page 161 of 830 General Employees' Pension Fund Statement of Fiduciary Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS Cash Investments: Money market mutual funds U.S. Government and Agency obligations Municipal 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 Pending trades payable Total liabilities NET POSITION Net position restricted for pension benefits 2020 2019 1,256,105 1,607,547 13,692,385 70,958 2,639,921 10,555,345 44,322,860 72,497,680 15,232,144 32,390,460 147,193 417,035 44596 1944834229 1,185,981 1,554,675 12,611,358 2,898,940 9,856,395 58,022,572 50,251,231 15,852,283 32,090,565 179,381 139,140 ___5j993 184,648 514 300,094 293,396 461„326 336 734 761„420630130 194,072,809 5 184.018384 Page 162 of 830 Police Officers' Pension Fund Statement of Fiduciary Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS Cash Investments: Equity investment funds Fixed income investment funds Real estate investment funds Pending trades receivable DROP loans Prepaid expenses Totalassets LIABILITIES Accounts payable Pending trades payable Total liabilities NET POSITION Net position restricted for pension benefits 2020. 2019 2,373 72,058,817 32,148,047 7,086,338 550,117 174,190 10,473 112,030,355 $ 2,392 68,787,511 30,616,407 7,071,372 547,827 283,627 8,716 107,317,852 187,697 171,736 29,,.000 - 216„697 171,736 111 1 107,146,116 Page 163 of 830 Firefighters' Pension Fund Statement of Fiduciary Net Position September 30, 2020 (With Comparative Figures for 2019) ASSETS 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 Interest and dividends receivable Pending trades receivable DROP loans Prepaid expenses Total assets LIABILITIES Accounts payable Pending trades payable Total liabilities NET ASSETS Net position restricted for pension benefits 2020 2,274,896 15,159,286 12,410,695 31,524,930 33,119,808 22,618,202 13,276,631 7,570,684 164,103 136,960 12,,903 138,269,098 2019 $ 2,724,691 9,664,737 5,900,335 33,918,890 25,674,061 21,014,778 12,968,755 10,820,467 141,809 10,800 175,089 8,230 123 022 642 76,904 65,013 149 252 165,273 226,156 230 286 138.042 942 a 122,792,356 Page 164 of 830 STA TISTICAL SE CTION Page 165 of 830 STATISTICAL SECTION This part of the City of Boynton Beach's Comprehensive Annual 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 III -2 Government -wide Changes in Net Position III -4 Governmental Activities Tax Revenues by Source III -8 Fund Balance of Governmental Funds III -9 Changes in Fund Balance of Governmental Funds III -11 Revenue Calm eft 1 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 III -13 Property Tax Rates — Direct and Overlapping Governments III -15 Ten Principal Property Taxpayers III -16 Property Tax Levies and Collections III -17 Debt Caacity 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 III -18 Ratios of General Bonded Debt Outstanding III -19 Direct and Overlapping Governmental Activities Debt III -20 Legal Debt Margin Information III -21 Pledged Revenue Coverage - Water & Sewer Bonds III -22 Pledged Revenue Coverage - Public Service Tax Bonds III -23 Demogralahics 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 III -24 Principal Employers III -25 Opaeratinr 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 III -26 Operating Indicators by Function/Program III -27 Capital Asset Statistics by Function/Program III -29 Sources: Unless otherwise noted, the information in these schedules is derived from the Comprehensive Annual Financial Report (CAFR) for the relevant year. Page 166 of 830 Fiscal Year 2015 2016 2017 2018 2019 2020 $ 49,878,248 $ 51,190,967 $ 51,655,230 $ 52,390,429 $ 61,899,426 $ 73,221,074 3,334,645 3,035,739 6,209,514 9,814,156 12,041,320 7,611,839 5145987247 642 113 40 423 781 _�34 845281 133x014,470) 30,230,441) 1753.021 S 6.584.593 S 17.440.963 S 27.359.3040 40926,276 `; 50.602.472, $ 135,846,516 $ 138,521,160 $ 137,638,134 $ 139,293,677 $ 142,047,633 $ 153,342,564 2,042,671 2,239,433 2,213,359 2,299,384 2,501,622 3,106,103 14 b43 361 5 497 .. 15,690 560 19 107 �13�762 5598 �2 089,463 J523 548 S S 155.012.168 S 158.311.853 i_ 158 3 8 130 5� 286.090 S 155.542.053 $ 185,724,764 $ 189,712,127 $ 189,293,364 $ 191,684,106 $ 203,947,059 $ 226,563,638 5,377,316 5,275,172 8,422,873 12,113,540 14,542,942 10,717,942 (36,816,511) (33,116,616) (24,733,221) (21,426,174) (19,251,872) (28,140,978) 15 d 161,870,683S 172.983.016 ,,,,J ,, 1 2 71472 19,%238j29, -7Q9 140„602 Page 167 of 830 Fiscal Year 2015 2016 2017 2018 2019 2020 $ 16,756,253 $ 17,446,178 $ 17,248,803 $ 21,534,502 $ 23,485,076 $ 23,776,458 58,570,187 56,226,627 59,269,809 61,127,252 63,271,710 66,606,767 2,192,587 2,090,605 2,184,200 2,188,823 2,125,856 2,119,313 2,995,977 4,102,240 4,040,011 11,450,205 10,204,754 11,333,855 11,127,163 10,947,954 10,786,599 10,900,242 11,432,2S4 11,422, 219 1,165,,259 1,238,456_____1,149 42 1,122,852 1361811 4079820 92,807,426 92,052,060 94,678864 108 323,876 111,881,461 119 338,432 37,343,155 36,764,285 38,299,935 39,448,905 40,144,769 41,036,731 8,276,973 8,699,222 10,067,260 9,893,397 10,678,459 11,232,760 ____,007,293 859,179 1,535,230 1,563,671 1,731,769 1,754,716 4� 47322,686 49,.902,,425 50,905,973 52,554,997 54,024,207 S 140.434.847 139 374 746 S 144 581,,289159,229 849 164 436 458173 63 2.639 $ 7,371,307 $ 7,045,867 $ 7,065,570 $ 10,313,177 $ 11,080,582 $ 8,282,797 7,242,279 7,853,220 8,173,541 7,915,513 15,801,777 15,713,173 138,400 86,225 143,100 158,158 170,726 243,090 - - 1,128 5,247 - - 1,355,498 1,237,221 1,104,571 1,176,531 1,817,879 743,273 73,128 164,095 3,233,477 211,528 209,101 230,893 719,927 109,325 213,308 92,854 87,411 1,836,803 705,285 714,658 565,364 935,697 850,353 484,073 399,106 282,510 450,029 213,693 22,132 184,568 - - - - - 254,793 78,967 22,997 17,903 465,860 37,779 27„256 3,632 72,331 69„074 190466 1861�7 520 377 „ 720 21 117726 30,126,938 2$629,789 _20,953 43,589,493 45,095,405 46,056,827 46,397,059 48,053,094 48,589,183 10,881,915 11, 322, 781 11,854,871 11, 911,986 12,623,017 13,026, 268 1,744,974 1,451,977 1,284,176 1,569,682 1,989,009 2,018,371 2,651,490 1,911,050 215,756 2,138,466 1,732,808 476,654 58,867,872 59,781,213 59,411,630 62,017,193 64,397,928 64,110,476 76 98948 S 77,3101,11.1151,90-11, 80 36535083 1 334 9199 = 94 524»866 S 92,740.265 $ (74,685,750) $ (74,531,683) $ (73,725,144) $ (87,206,150) $ (81,754,523) $ (90,708,643) 11,240,4511 ___9,509 205 11 111 220 11842 931 10„086„269 S (63.445,299) (62 073 1561 S (64.215.939) {76.094.930' S (69,911.592) S (80.622.374) Page 168 of 830 Fiscal Year 2015 2016 2017 2018 2019 2020 $ 26,891,091 $ 29,642,316 $ 31,704,673 $ 33,819,753 $ 36,273,555 $ 38,488,762 8,317,868 9,585,902 10,579,150 11,776,329 12,549,087 13,932,896 4,688,568 4,669,059 4,784,734 4,715,685 4,581,640 4,503,615 7,156,246 7,352,212 7,576,223 7,735,274 7,873,870 7,817,800 2,509,197 2,383,974 2,558,269 2,325,012 2,552,477 2,747,866 5,434,292 4,760,885 5,738,662 11,162,782 12,058,775 11,091,619 1,279,010 1,313, 329 1,368,662 1,401,786 1,415,063 1,301, 895 2,378,947 2,484,312 2,638,921 2,938,720 3,049,123 2,820,257 5,607,447 5,680,335 5,692,928 6,859,492 - - 215,569 248,905 308,926 491,696 1,188,447 967,078 - - - - 177,653 283,745 972,829 759,197 2,022,322 3,525,293 3,494,049 5,702,751 11030,255 10,L82.829 9,740� 10,107,756 10.726„555 76,481319 7 96,49209 95,321,495 100,384,839 715,946 697,288 314,624 54,395 1,434,870 793,731 51,846 80,556 40,178 99,382 129,640 72,832 111,030,255) 110,482,8291 19,608,04419740,787 �10�10�756 10,726,555` 110„262,,4631 j9,704,9851 1'9,253,2421 � (9587,010) ��8 543 2461 9 859 992 66 218.856 °' S 86.905.599�,]� 90 524„847 a 69 658 270 S 75.328.272 $ 1,795,569 $ 4,831,572 $ 10,856,370 $ 9,286,459 $ 13,566,972 $ 9,676,196 977988 2,753 ,,542 255,963 1,524210 3,299,685226277 773,5x7 5 7,585.114 11,112 333 0 �. ,,1, ,,8666 65577 � _ � �Q2 473 Page 169 of 830 Governmental Activities Tax Revenues by Source Last Ten Fiscal Years (1) In 2017 the City began receiving the proceeds of a local option sales tax approved by the voters for a 10 year period to finance local infrastructure capital projects. Page 170 of 830 Public Communications Fiscal Property Franchise Service Services Sales Gas Year Taxes Taxes Taxes Taxes Taxesll� Taxes Total 2011 $ 27,601,795 $ 4,546,878 $ 5,899,255 $ 2,838,133 $ 4,294,745 $ 1,124,405 $ 46,305,211 2012 28,331,033 4,287,510 5,928,449 2,583,369 4,462,768 1,159,641 46,752,770 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 (1) In 2017 the City began receiving the proceeds of a local option sales tax approved by the voters for a 10 year period to finance local infrastructure capital projects. Page 170 of 830 Fiscal Year 2015 2016 2017 2018 2019 2020 $ 124,236 $ 162,954 $ 469,156 $ 490,897 $ 82,095 $ 69,144 7,651,856 7,940,131 8,324,107 8,324,107 8,324,107 8,324,107 450,645 1,006,726 118,100 - 1,286,655 923,613 6,852,818 6,895,157 7,439,695 7,118,719 7,782,240 8,128,675 15 079 555 16 004 968 "� , 16,351 58 " 5 15, 933,23 �.....�:�. 33 7,E 5 17,475,097 17E $ 67,517 $ 96,965 $ 193,714 $ 201,469 $ 257,129 $ 237,967 - - 88,123 - - - 787,731 482,594 325,021 293,168 529,142 699,614 1,920,891 1,898,147 1,909,342 1,307,599 1,311,006 3,144,526 - - - 91,183 109,356 116,097 423,693 237,145 3,407,924 7,564,049 9,609,894 3,300,787 202,330 417,853 479,104 558,157 481,922 350,815 160,412 1,022,417 1,196,851 658,307 1,425,909 1,425,909 66,231 72,205 78,291 - - - 804,049 2,397,914 4,231,375 5,777,612 5,777,612 5,777,612 2,825,016 2,843,502 2,839,349 1,598,959 1,295,949 1,553,024 2,313,596 3,648,413 4,515,502 5,110,955 5,385,751 5,704,587 - 350,738 859,078 1,346,197 2,042,635 2,003,275 616,944 612,470 467,358 529,558 797,811 534,249 3,857,723 3,636,060 3,453,801 3,272,915 3,204,862 3,132,484 6,490,977 6,307,610 6,850,038 8,220,118 7,402,095 8,421,017 207 490 503 (303,770 219 251 254 364 _ (876,309) .�284 S, 20821317 _:L,___24 514.536 5, 30.591.101 _ 36"310.995 39.376,709 _ S 35.525,654 Page 171 of 830 Fiscal Year 2015 2016 2017 2018 2019 2020 $ 47,748,292 $ 51,917,489 $ 55,449,182 $ 58,760,618 $ 62,408,417 $ 66,080,142 7,445,570 7,580,666 7,614,649 8,665,143 9,832,377 7,899,485 11,824,905 10,464,412 14, 616,730 17,480,482 18, 659,804 19,382,807 8,810,314 8,428,918 9,559,547 9,267,679 9,874,846 9,500,539 5,607,447 5,680,334 5.692,928 6,859,493 6,773,585 6.883,199 1,985,878 2,384,364 1,512,195 1,928,363 2,433,096 2,591,600 364,343 404,255 413,386 437,947 477,669 261,296 206,789 243,507 305,799 487,506 1,169,481 951,562 236,393 189,328 404,961 279,181 210,060 244,764 519 917 435.592 1.060.287 4,984,667. 4,525,598 Q3�2 84.749.868 87.728.865 96.629.664 109151.019 116.364.9.D 119.699.216 12,906,141 13,437,110 14,398,273 20,335,069 22,024,899 18,225,436 53,227,085 56,329,759 58,359,234 60,736,128 62,628,820 64,151,976 1,320,137 1,292,729 1,347,505 1,324,885 1,271,199 1,297,408 2,973,379 4,114,899 4,025,651 6,477,579 8,837,599 11,308,172 8,905,292 8,956,644 8,823,549 8,886,654 9,554,915 9,665,155 2,729,896 3,206,652 3,879,540 8,494,644 13,676,709 91,408,918 2,675.595 2,697,762 3,525,000 4,477,617 6,390,366 8,977,634 1,650,092 117.758 1,027,118 959,828 930,787 1,169,990 3,978,665 9155 RL ---lk3l&upL MMU, „„ 125.554.497 209.013.364 (1.755.507) � Q 1.311.084 (2.512.3441 (9.189.564) „„„„- 24,565,411 25,344,133 25,698,050 28,239,670 27,479,594 35,812,024 (16,655,675) (17,947,694) (20,586,479) (23,174,119) (22,369,940) (30,231,654) 556,001 1,154,212 - - - - - 79,853,165 29,720,947 1,595,140 8,686,998 - i31.623.108b - - - 6.007.575 7.952.440 5.111.571 7.814.903 13.796.652 85.433.535 4 2 2 68 4 618 32 � O $ 6 422 65 5.302.559 4.607.088 (3.880.613) 4.� % °' 6.76% 11.02% 170 40, o Page 172 of 830 li Actual value less all exemptions (governmental, institutional, widow's/widower's, disability/blind, and homestead) and homestead assessment differential (just value minus capped value) Zi Includes debt service 3) Actual Value =Just Value Source: Palm Beach County Property Appraiser Page 173 of 830 Taxable Total Total Total Value as a Taxable Direct Actual % of Actual Value(l) Tax Rate (2) Value (3) Value 3,889,479,697 6.7626 $ 5,380,721,213 72.29 % 3,763,243,221 7.1941 5,195,441,429 72.43 3,677,646,538 7.6000 5,037,982,238 73.00 3,884,337,937 7.9000 5,353,496,813 72.56 4,646,176,798 7.9000 6,786,463,694 68.46 5,021,254,623 7.9000 7,389,490,524 67.95 5,414,030,684 7.9000 7,952,133,115 68.08 5,791,656,676 7.9000 8,411,325,671 68.86 6,208,473,339 7.9000 8,960,659,593 69,29 6,623,563,815 7.9000 9,342,102,055 70.90 li Actual value less all exemptions (governmental, institutional, widow's/widower's, disability/blind, and homestead) and homestead assessment differential (just value minus capped value) Zi Includes debt service 3) Actual Value =Just Value Source: Palm Beach County Property Appraiser Page 173 of 830 Ten Principal Property Taxpayers Current Year and Nine Years Ago Page 174 of 830 2020 2011 City Tax Taxable Value Taxable Value Taxpayer Amount Value Rank % Value Rank % Florida Power & Light Co. $ 887,198 $ 112,303,495 1 1.70% $ Hart Seabourn Cove LLC 811,702 102,747,042 2 1.55% CH Realty VII PSREG Boynton Beach 687,300 87,000,000 3 1.31% - Duke PGC at Quantum 19 LLC 629,032 79,624,281 4 1.20% - GSG Residential Savannah Lakes LLC 540,457 68,412,335 5 1.03% - Morguard Boynton Town Center Inc. 495,186 62,681,723 6 0.95% RRPIV Cortina LLC 489,773 61,996,519 7 0.94% Compson Place Apartments LLC 411,869 52,135,296 8 0,79% Villas at Quantum Park 381,783 48,326,904 9 0.73% Boynton Beach Mall LLC 339,700 43,000,000 10 0.65% Boynton JCP Associates - - - - 95,200,000 1 2.45% City National Bank of Florida 55,346,365 2 1.42% Northland Lugano LLC 40,911,000 3 1.05% Hovstone Properties Florida LLC 38,226,521 4 0.98% EQR FREWAC 2008 Limited Partnership 35,612,452 5 0.92% Premier Gateway Center @ Quantum 33,875,884 6 0.87% Publix Super Markets, Inc. 33,020,199 7 0.85% 1950 Congress Ave LLC 32,414,993 8 0.83% DDRTC Boynton Commons LLC 30,000,000 9 0.77% Villas at Quantum Lakes Inc. - 28,953,987 30 0.74% 5,674,000 718,227,595 10.85% 423,561,401 10.88% Other 43,222,218 5,905,336,220 89.15% 3,465,918,296 89.12% Total tax and final taxable value _L48,896218 6 623 563815 100.00% e,� 9�889 479,697 100.00% Page 174 of 830 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. Page 175 of 830 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 4eptember30,, Notes* Bonds/Note* Bonds Payable Agreements Bonds Government Capita 2011 $ 1,308,713 $ 24,815,000 $ 29,850,000 $ $ $ 57,178,924 $ 113,152,637 $ 1,654 2012 1,075,753 23,820,000 28,550,000 76,179,187 129,624,940 1,849 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 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. Page 175 of 830 Direct and Overlapping Governmental Activities Debt As of September 30, 2020 Direct: City of Boynton Beach: Overlapping: Palm Beach County: General obligation bonds Palm Beach County School District: Certificates of Participation Total direct and overlapping bonded debt payable from taxes Boynton Beach estimated population Direct and overlapping net debt per capita 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. Palm Beach County 2020 Taxable Value $210,145,754,984 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. Page 176 of 830 Direct and Net Overlapping Governmental Estimated Net General Activities Percent Obligation Debt Applicable Debt S 109.238.686 100.00% $ 109,238,686 $ 44,740,000 3.15% 1,410,156 1,190,585,947 3.15% 37,525,964 S 1.235.325.947 5a 148174,406 78,495 S 1_8,9 7 . 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. Palm Beach County 2020 Taxable Value $210,145,754,984 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. Page 176 of 830 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 Page 177 of 830 Water and Sewer Revenue Bonds Fiscal Year Net Ended Current Available Debt Service Payments Se ternbe.r 30 Revenues(l) Expensesl1) Revenues Princi al Interest Coverage (Zi 2011 $ 39,492,570 $ 24,584,473 $ 14,908,097 $ 2,590,000 $ 2,752,234 2.79 2012 39,219,086 22,145,529 17,073,557 2,685,000 2,397,740 3.36 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 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 Page 177 of 830 Demographic and Economic Statistics Last Ten Fiscal Years (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- Student Information File Comprehensive Annual Financial Report (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County Page 178 of 830 Per Capita Total Average Fiscal Personal School Unemployment Year Population(') Income(') Enrollment(2) Rate (3) 2011 68,409 53,871 174,818 10.9% 2012 70,101 55,628 174,594 9.2% 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% (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- Student Information File Comprehensive Annual Financial Report (3) Source: Florida Department of Commerce, Division of Employment Security Data is for Palm Beach County Page 178 of 830 Full -Time Equivalent City Government Employees by Function Last Ten Fiscal Years Page 179 of 830 Full -Time Equivalent Employees as of September 30, Function Pro ram 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 General Government Management Services 22 19 19 17 17 19 18 18 18 21 Financial Services 15 13 13 13 13 14 14 15 15 15 Information Technology 14 15 15 15 15 14 14 15 15 15 Human Resources 9 7 7 7 6 6 6 6 6 5 Planning and Zoning 8 6 6 6 6 6 6 6 6 6 Facilities Management 12 10 11 11 11 11 11 12 12 11 Public Safety Police 188 177 185 191 222 211 211 214 220 222 Communications 23 23 23 23 - - - - - - Fire 152 143 142 142 149 147 147 147 147 147 Community Standards - - - - - 22 22 23 23 22 Code Compliance 13 11 11 11 - - - - - Animal Control 2 - - - - - - - - - Building/Engineering/Licenses 36 28 31 31 30 34 30 32 32 32 Physical Environment Forestry & Grounds 8 9 - - - - - 20 20 23 Roads & Streets 4 4 4 5 5 5 5 5 4 4 Economic Environment Community Improvement 5 4 4 3 2 2 2 2 2 2 Grants 10 10 2 8 1 1 1 1 1 1 Culture/Recreation Library 30 28 28 28 27 27 27 27 28 28 Recreation and Parks 72 65 70 70 70 68 72 53 52 52 Public Art 1 1 1 1 1 1 1 1 2 2 Internal Service Funds Vehicle Service 11 11 11 11 11 12 12 12 12 16 Warehouse 5 4 4 4 4 4 4 5 5 6 Self Insurance 4 4 4 3 4 4 4 5 5 5 Enterprise Funds Water & Sewer Utility 134 129 128 130 133 133 133 134 138 141 Sanitation 41 38 38 40 40 44 44 44 46 47 Golf Course 29 26 26 26 24 21 21 21 21 21 Transportation 5 - - - - - - Total 849 785 783 796 791 806 805 818 830 843 Source: City of Boynton Beach Financial Services Department Page 179 of 830 Fiscal Year 2016 2017 2018 2019 2020 17,143 19,125 20,361 23,313 25,908 5,760 6,137 7,081 7,420 7,076 3,946 2,168 2,427 2,106 1,572 2,016 1,186 1,027 1,629 1,244 13,142 4,694 5,050 7,970 2,749 12,374 15,468 13,892 13,787 13,712 8;421 9,240 10,502 8,601 10,002 2,219 2,150 2,818 4,325 3,276 - - 1.3 - 7.7 271,152 214,142 201,415 114,897 89,487 39,121 30,298 24,143 19,933 14,883 289 313 271 269 38 4,864 3,216 2,981 2,850 1,719 35,746 36,210 35,848 37,072 36,770 58,873 59,415 60,783 62,282 60,880 13,520 14,280 14,520 13,980 14,300 33,542 34,170 34,265 34,766 34,820 55,712 56,814 57,476 58,623 57,570 68,214 85,418 68,957 183,510 188,202 6,376 5,097 4,139 4,097 4,197 62,142 45,230 58,233 69,044 71,165 Page 180 of 830 141,214 135,552 Fiscal Year 128,584 107,446 2016 2017 2018 2019 2020 1 1 1 1 1 99 99 99 109 115 5 5 5 5 5 7 7 7 8 8 7 7 7 7 10 23 23 22 23 28 7 7 9 10 10 209 209 209 209 209 252 252 252 252 252 141,214 135,552 128,977 128,584 107,446 6 6 6 6 8 14 14 14 15 15 16 16 16 16 0 8 8 8 8 8 29 29 29 29 29 29 29 29 31 32 8 8 6 6 7 410 410 449 459 463 325 325 346 346 369 73 73 73 86 86 3,920 3,920 4,045 4,224 4,250 162 162 162 165 187 Page 181 of 830 Page 182 of 830 CAL.ER, DoNTEN, UVINE, COBEN PORTER, & VEIL, P.A. WILLIAM K CALEB, JR, CPA LAURA E CLARK, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE: (561) 832-9292 759 SW FEDERAL HIGHWAY, SUITE 301 STUART, FL 34994-1019 TELEPHONE: (772) 872-2123 info®cdlcpa com Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial w�With e Statements Performed, m Accordance WGovernm,,,,,,,,,ntAuditing Standards To the Honorable Mayor and City Commission City of Boynton Beach, Florida MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have audited, in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the basic financial statements of the City of Boynton Beach, Florida, and have issued our report thereon dated March 12, 2021. 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 financial statements of the City of Boynton Beach, Florida. 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 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 internal control over financial reporting (internal control) of the City of Boynton Beach, Florida, 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 internal control of the City of Boynton Beach, Florida. Accordingly, we do not express an opinion on the effectiveness of the internal control of the City of Boynton Beach, Florida. 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. Page 183 of 830 Schedule of Expenditures of Federal Awards For the Year Ended September 30, 2020 Federal Grant Number/ Federal Grantor/Pau-Through Grantor CFDA Pass-through Entity Federal Transfers to Pro ram or Cluster Title Number Identi i Number Expenditures Subreciaients U.S. Department of Housing and Urban Development Direct Award Community Development Block Grants/Entitlement Grants Total U.S. Department of Housing and Urban Development U.S. Department of Justice Direct Awards Bulletproof Vest Partnership Program Edward Byrne Memorial Justice Assistance Grant Program JAG Real Time Crime Center Project Technology Innovation for Public Safety (TIPS) Equitable Sharing Program Pass-through Award from State of Florida, Department of Legal Affairs, Office of the Attorney General Crime Victim Assistance Total U.S. Department of Justice U.S. Department of Transportation Pass-through Award from State of Florida, Florida Department of Transportation Highway Safety Cluster State and Community Highway Safety Program National Priority Safety Programs (Impaired Driving) National Priority Safety Programs (Occupant Protection) Total Highway Safety Cluster Total U.S. Department of Transportation U.S. Department of Treasury Direct Award Equitable Sharing Progam Pass-through Award from State of Florida, Florida Housing Finance Corporation COVID-19 - Coronavirus Relief Fund Total U.S. Department of Transportation U.S. Institute of Museum and Library Services Pass-through Award from State of Florida, Department of State, Division of Library and Information Services Grants to States - Library Services and Technology Act Grant Total U.S. Institute of Museum and Library Services U.S. Department of Homeland Security Pass-through Award from Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Irma) Hazard Mitigation Grant Total U.S. Department of Homeland Security Total Federal Awards See notes to schedule of expenditures of federal awards. 14.218 B -19 -MC -12-0043 $ 195,386 $ 138,794 195,386 138,794 16.607 18095819 8,259 - 16.738 2017 -DJ -BX -0745 30,300 16.738 2018-DG-BX-KO09 465,860 16.922 N/A 2,000 16.575 VOCA-2019-City of Boynton Beach -00329 56,153 562,572 20.600 20.616 20.616 21.016 21.019 45.310 97.036 97.039 G1D48 G1E88 G1D91 N/A 103-2020 19-LSTA-B-01 49,835 42,623 �9470 101,928 101,928 22,164 13773 35,937 83,991 83,991 4337-121-R 1,090,457 H0054 27 750 141184207 6 2 098 021138 7: i4 Page 184 of 830 CMM1, Do=N, UT1NE, MWMEN CoBEv, PORTm & VEIL, P.A. WILLIAM K CALER, JR, CPA LAURA E CLARK, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA MICHAELJ NALEZYTY, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE: (561) 832-9292 759 SW FEDERAL HIGHWAY, SUITE 301 STUART, FL 34994-1019 TELEPHONE: (772) 872-2123 info@cdlcpa corn MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Independent Auditor's Report on Compliance for Each Major Federal Program and on Internal ControlwOver Compliance Rei uii red by the Uniform Guidance To the Honorable Mayor and City Commission City of Boynton Beach, Florida Report on Compliance for Each Major Federal Program We have audited the compliance of the City of Boynton Beach, Florida (the "City"), with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major Federal programs for the year ended September 30, 2020. The City's major Federal programs are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Management's Responsibility Management is responsible for compliance with Federal statutes, regulations, and the terms and conditions of its Federal awards applicable to its Federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the City's major Federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; 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). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major Federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major Federal program. However, our audit does not provide a legal determination of the City's compliance. Page 185 of 830 SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL AWARD PROGRAMS For the Year Ended September 30, 2020 SECTION I - SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Unmodified Opinion Internal control over financial reporting: Material weakness(es) identified? Yes X No Significant deficiency(ies) identified that are not considered to be material weaknesses? Yes X None reported Noncompliance material to financial statements noted? Yes X No Federal Award Programs Internal control over major Federal Award Programs: Material weakness(es) identified? Yes X No Significant deficiency(ies) identified that are not considered to be material weaknesses? Yes X None reported Type of auditor's report issued on compliance for major Federal Award Programs: Unmodified Opinion Any audit findings disclosed that are required to be reported in accordance with 2 CFR Section 200.516(a)? Yes X No Idend cation ol°Maa or Programs: Major Federal Award Pro gram CFDA No. U.S. Department of Homeland Security Federal Emergency Management Agency (FEMA) Pass-through Award from Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters - Hurricane Irma) 97.036 Dollar threshold used to distinguish between Type A and Type B Federal award programs: 50 000 Auditee qualified as low-risk auditee? Yes X No SECTION H - FINANCIAL STATEMENT FINDINGS None SECTION III — FEDERAL AWARD PROGRAMS FINDINGS AND QUESTIONED COSTS None Page 186 of 830 SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS — FEDERAL AWARD PROGRAMS For the Year Ended September 30, 2020 A. FINANCIAL STATEMENT FINDINGS — NONE B. FINDINGS — FEDERAL AWARD PROGRAMS Finding Number 2019-001 Assistance to Firefighters Grant CFDA 97.044 (Reporting) Grant No. EMW-2017-FO-00229 Condition: The City did not timely file the Semi -Annual Federal Financial Report (SF - 425) for the period ended December 31, 2018 within thirty days after the end of the fiscal period or by January 31, 2019. Recommendation: We recommend that staff file required reports as required by the grant agreement. Current Status: This finding was resolved and requires no further action by management. 2019-002 Community Development Block Grant (CDBG) CFDA 14.218 (Reporting) Grant No. B -18 -MC -12-0043 Condition: The City did not file two quarterly Federal Financial Reports (SF -425) within thirty days after the City's quarterly reporting periods ended December 31, 2018 and March 31, 2019. The December 31, 2018 report was due on January 31, 2019 and the March 31, 2019 report was due on April 30, 2019. Both reports were filed on September 10, 2019. Recommendation: We recommend that staff file the Financial Reports by the required due dates. Current Status: This finding was resolved and requires no further action by management. Page 187 of 830 11111 CALER, DON=, LEVM, WHEN, PORTER, & VEIL, P.A. WILLIAM K CALER, JR, CPA LAURA E CLARK, CPA LOUIS M COHEN, CPA JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA JAMES B HUTCHISON, CPA JOEL H LEVINE, CPA PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA MICHAEL NALEZYTY, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA To the Honorable Mayor and City Commission City of Boynton Beach, Florida Report on the Financial Statements CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE: (561)832-9292 759 SW FEDERAL HIGHWAY, SUITE 301 STUART, FL 34994-1019 TELEPHONE: (772) 872-2123 info@cdlcpa cam Mpggprpent Letter MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have audited the financial statements of the City of Boynton Beach, Florida, as of and for the fiscal year ended September 30, 2020, and have issued our report thereon dated March 12, 2021. Our report was modified to include references to other auditors who audited 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. Auditor's Responsibility We conducted our audit in accordance with U.S. generally accepted auditing standards; 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. This management letter 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 auditors. The financial statements of the Police Officers' Pension Fund and Firefighters' Pension Fund, audited by other auditors, were not audited in accordance with Government Auditing Standards. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards; Independent Auditor's Report on Compliance for Each Major Federal Program and Report on Internal Control over Compliance Required by the Uniform Guidance; Schedule of Findings and Questioned Costs; and Independent Accountant's Report on Investment Compliance on our 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 schedule, which are dated March 12, 2021, should be considered in conjunction with this management letter. Page 188 of 830 and other granting agencies, and the City Commission and 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 12, 2021 Page 189 of 830 11 1 CAL.ER DONWN, LEVINE, CoHEN, PORTER, & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALEB, JR, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 LAURA E CLARK, CPA WEST PALM BEACH, FL 33401-5948 LOUIS M COHEN, CPA TELEPHONE: (561) 832-9292 JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA 759 SW FEDERAL HIGHWAY, SUITE 301 JAMES B HUTCHISON, CPA STUART, FL 34994-1019 JOEL H LEVINE, CPA TELEPHONE: (772) 872-2123 PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA infodcdlcpa com MICHAEL] NALEZYTY, CPA THOMAS A PENCE, JR, CPA SCOTT L PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA Independent Accountant's Rei)ort „on„Investment Compliance To the Honorable Mayor and City Commission City of Boynton Beach, Florida MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS We have examined the City of Boynton Beach's compliance with Section 218.415, Florida Statutes for the year ended September 30, 2020. Management of the City of Boynton Beach, Florida (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 with the specified requirements 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. Our examination does not provide a legal determination on the City's compliance with specified requirements. In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with Section 218.415, Florida Statutes, as of and for the year ended September 30, 2020. This report is intended to describe our testing of compliance with Section 218.415, Florida Statutes, and is not suitable for any other purpose. a& West Pahn Beach, Florida March 12, 2021 /0" # ✓.�,�(, P. A, Page 190 of 830 11 M"I"'.1711", Boynton Beach, FL 33435 13ov iiiitoil-be�icli-�,vebs i te . . .... . . ............. . .... . . ............ .. ...... . =-� ........... - .. . ....... --- Page 191 of 830 11 CALEB,, DONTEN, LE11IlVE, COMN, PORTER, & VEIL, P.A. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K CALEB, JR, CPA 505 SOUTH FLAGLER DRIVE, SUITE 900 MEMBERS LAURA E CLARK, CPA WEST PALM BEACH, FL 33401-5948 AMERICAN INSTITUTE OF LOUIS M COHEN, CPA TELEPHONE: (561) 832-9292 CERTIFIED PUBLIC ACCOUNTANTS JOHN C COURTNEY, CPA, JD DAVID S DONTEN, CPA 759 SW FEDERAL HIGHWAY, SUITE 301 FLORIDA INSTITUTE OF JAMES B HUTCHISON, CPA STUART, FL 34994-1019 CERTIFIED PUBLIC ACCOUNTANTS JOEL H LEVINE, CPA TELEPHONE: (772) 872-2123 PATRICK E MANGAN, CPA JAMES F MULLEN, IV, CPA info@cdlcpa com MICHAEL J NALEZYTY, CPA THOMAS A PENCE, JR , CPA SCOTTL PORTER, CPA MARK D VEIL, CPA MARTIN R WOODS, CPA Communication with Tho,s,eChared ,with Governance To the Honorable Mayor and City Commission City of Boynton Beach 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 year ended September 30, 2020. 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 of the City, and we did not audit the financial statements of the City of Boynton Beach General Employees' Pension Fund, City of Boynton Beach Police Officers' Pension Fund and City of Boynton Beach Firefighters' Pension Fund, which are fiduciary funds of the City. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinions on the financial statements and this report, 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 other auditors. Professional standards require that we provide you with information about our responsibilities under U.S. generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information to you in our engagement letter dated August 12, 2020. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the 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 the fiscal year ended September 30, 2020. We noted no transactions entered into by the City during the 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. Page 192 of 830 To the Honorable Mayor and City Commission City of Boynton Beach March 12, 2021 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: • Management's estimate of the net realizable value of receivables at September 30, 2020. We evaluated the key factors and assumptions used to estimate the net realizable value of receivables in determining that the amounts are reasonable in relation to the financial statements as a whole. • Management's estimate of the fair value of investments at September 30, 2020, and the related investment earnings. We evaluated the key factors and assumptions used to estimate the fair value of investments and the related investment earnings in determining that the amounts are reasonable in relation to the financial statements as a whole. • Management's estimate of the remaining service lives of capital assets at September 30, 2020. We evaluated the key factors and assumptions used to estimate the useful service lives of capital assets in determining that the amounts are reasonable in relation to the financial statements as a whole. • Management's estimate of claims liabilities, including incurred but not reported (IBNR) claims, at September 30, 2020, for the City's self-insurance activities. We read and compared these estimates to the actuarial report prepared by the City's actuary in determining that the amounts are reasonable in relation to the financial statements as whole. • Management's estimate of the net pension liabilities, deferred inflows/outflows related to pensions and pension expense for the City's defined benefit pension plans as of and for the year ended September 30, 2020. We evaluated the key factors and assumptions used to estimate the City's net pension liability, deferred inflows/outflows related to pensions and pension expense. We read and compared these estimates to the actuarial reports provided by the City's actuary in determining that the amounts are reasonable in relation to the financial statements as whole. • Management's estimate of the total other postemployment benefits (OPEB) liability, deferred inflows/outflows related to OPEB and OPEB expense as of and for the year ended September 30, 2020. We evaluated the key factors and assumptions used to estimate the amount of the City's total OPEB liability, deferred inflows/outflows related to OPEB and OPEB expense. We read and compared these estimates to the actuarial report provided by the City's actuary and the reports of other auditors for each pension plan in determining that the amounts are reasonable in relation to the financial statements as a whole. The disclosures in the financial statements are neutral, consistent, and clear. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City's financial statements were: • The disclosures related to deposits with financial institutions and investments in Notes 3.A. and 3.B. to the financial statements. The disclosures related to the City's joint venture investment in the South Central Regional Wastewater Treatment and Disposal Board in Note 3.E. to the financial statements. 2 Page 193 of 830 To the Honorable Mayor and City Commission City of Boynton Beach March 12, 2021 • The disclosures related to the City's noncurrent liabilities in Note 3.I. to the financial statements. • The disclosures related to the City's risk management program in Note 4.A. to the financial statements. • The disclosures related to commitments and contingencies in Note 4.13. to the financial statements. • The disclosures related to other postemployment benefits (OPEB) in Note 4.C. to the financial statements. • The disclosures related to the City's defined benefit pension plans in Note 4.D. to the financial statements. Difficulties Encountered in Performing the Audit We encountered no difficulties 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 trivial, and communicate them to the appropriate level of management. We proposed and management made adjusting entries related to various financial statement accounts. The attached Summary of Unadjusted Audit Differences summarizes the uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements as a whole. 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 auditor's report. We are pleased to report that no 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 12, 2021. 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 the City's financial statements or a determination of the type of auditor's 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. 3 Page 194 of 830 To the Honorable Mayor and City Commission City of Boynton Beach March 12, 2021 Internal Control Related Matters In planning and performing our audit, we considered the internal control over financial reporting (internal control) of the City as a basis for designing our auditing procedures 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 internal control of the City. Accordingly, we did not express an opinion on the effectiveness of the internal control of the City. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. Compliance Related Matters As part of obtaining reasonable assurance about whether the financial statements of the City are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we did 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. Other Audit Findings or Issues We have reported certain additional matters in our management letter dated March 12, 2021 that are required to be reported by Chapter 10.550, Rules of the Florida Auditor General, which were not deficiencies in internal control or compliance matters required to be reported under Government Auditing Standards. We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to our retention as the 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 Other Information in the Comprehensive Annual Financial Report (CAFR) We applied certain limited procedures to management's discussion and analysis, and certain pension and OPEB trend information, which are required supplementary information (RSI) that supplements 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 195 of 830 To the Honorable Mayor and City Commission City of Boynton Beach March 12, 2021 We were engaged to report on the 2020 combining and individual fund financial statements, which accompany the 2020 basic financial statements, but are not required supplementary information. We also previously audited, in accordance with U.S. generally accepted auditing standards, the financial statements of the City of Boynton Beach, Florida, for the year ended September 30, 2019 and we expressed unmodified opinions on the respective financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information. The 2020 and 2019 combining and individual fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. 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 U.S. generally accepted accounting principles, the method of preparing it did not change from the prior period, and the information is appropriate and complete in relation to our audits of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the basic financial statements or to the basic financial statements themselves. As noted in the first paragraph of this letter, we did not audit the financial statements of the CRA and the City's General Employees', Police Officers' and Firefighters' Pension Funds. Those financial statements were audited by other auditors whose reports thereon were furnished to us. We did not perform any procedures on the 2020 and 2019 combining and individual fund financial statements of the CRA and the City's General Employees', Police Officers' and Firefighters' Pension Funds, which are based solely on the reports of other auditors, and accordingly, we did not express an opinion or provide any assurance on them. We were not engaged to report on the introductory section and statistical section of the Comprehensive Annual Financial Report that accompany the financial statements, but are not required supplementary information. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we did not express an opinion or provide any assurance on it. Restrictions on Use This report is intended solely for the information and use of the City Commission, management and others within 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 12, 2021 5 Page 196 of 830 d d L 4n Q H� d d�r mar .. _......... �........ 0 0 Q 6 = C Page 197 of 830 y rd O q q a _ C d G Ss ¢ O L ` S V 4 p D O i 9 9 v aci T E p N v� 6 G O ❑.._ z G N � 9 C d rd 'd N E V� ^ `o dy a• 9) O c "^ ad+ d � d . r.. r e d u d V 0. Page 197 of 830 1011111111 Requested Action by Commission: Announcement by the Development Department regarding the implementation of a new electronic permitting solution called SagesGov that will "Go Live" to the public in May 2021. Explanation of Request: The Development Department is excited to announce the implementation of our new user-friendly electronic permitting solution called SagesGov. Approved by the City Commission in September 2020, the City's core implementation team has been working extensively the last several months to bring this new e -permitting and inspection platform to life. Some of the value that SagesGov will bring is: • Increased efficiency and reduced errors by automating workflows and having built in checklists; • Concurrent plan reviews and markups across disciplines to improve permit wait times; • Customers can create and manage user profiles for multiple projects to apply for permits and track statuses, as well as, save "in progress" permit applications; • Enhanced management of manage communication between plan reviewers and customers during plan review cycles; • Customized reporting capabilities and workload assignments; and • Further reduction of the city's paper footprint. SagesGov is being integrated with the city's existing land management software and GI S system, and will be the hub for our customers future e -permitting needs. How will this affect city programs or services? As part of the transition, new online submittals will not be available for up to two business days, however in- person services will not be impacted. Fiscal Impact: Budgeted Acquisition and budgeting was approved for the current budget cycle. Alternatives: N/A Strategic Plan: Strategic Plan Application: The electric permit system is represented by Strategic Plan Item 4.16.2, On-line Permitting. Climate Action Application: N/A Page 198 of 830 Is this a grant? No Grant Amount: Attachments: Type AddE)indUlirn Description SagE�IS()(�)vAll'Ill'l(�)L.Jlll'l(�,EsirTIEsll'It F::]YENr Page 199 of 830 EA Sa,, / e,sGov 9 l 0 0 # 1 11 i 1' 1 1 1 1 a ! a ! ! a Requested Action by Commission: Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Hospital at the Ezell Hester Center on Saturday April 24, from 9am-3pm. Explanation of Request: Justin Bartlett Animal Hospital will host a drive-thru Free Pet Vaccine Clinic for Dogs & Cats on Saturday April 24, from 9arrF3pm at the Ezell Hester Center. Dogs must remain on a leash and cats must be in crates. How will this affect city programs or services? Fiscal Impact: Non -budgeted No Fiscal Impact. Alternatives: Not make the announcement. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Building Wealth in the Community and improving Boynton Beach Branding by hosting a free service for residents and non-residents that also promotes the Ezell Hester Center. Climate Action Application: No Climate Action Application. Is this a grant? Grant Amount: Attachments: Page 201 of 830 3. F. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Proclaim Friday, April 30, 2021 as Arbor Day. Rebecca Harvey, Sustainability Coordinator will accept the Proclamation. Explanation of Request: How will this affect city programs or services? The City observes Arbor Day annually as part of its participation in the Tree City USA program. Fiscal Impact: Non -budgeted No impact on the City's budget Alternatives: Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding as a Tree City USA Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry Is this a grant? No Grant Amount: Attachments: Type FlirtaaJa irna bola Description Arbor IDay IFlirocJa irna bola 2021 Page 202 of 830 Proclamation WHEREAS, in 1872J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees-, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska. Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for ourhomes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy andspiritual renewal; and WHEREAS, the City of Boynton Beach adopted a city-wide tree planting goal of 3,000 trees per year to achieve 20% canopy coverage by 2035, and is working to meet this goal through tree plantings, giveaways, and community engagement NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 30th day of April, Two Thousand Twenty -One as: and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk 3.G. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Proclamation recognizing May 1, 2021 as Global Love Day. Explanation of Request: The Love Foundation, Inc. invites everyone to declare May 1, 2021 as Global Love Day, a day of forgiveness and unconditional love. 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 ddEsir:dUlirn Description FlirtaaJa irna bola (.'))lolbal II.....ove, IDay Page 204 of 830 pro elamat ion WHEREAS, the Love Foundation, Inc., a non-profit organization, has announced Global Love Day to facilitate in establishing love and peace on our planet; and WHEREAS, Global Love Day will establish a worldwide focus towards "unconditionally loving each other as we love ourselves"; and WHEREAS, we are One Humanity on this planet; and WHEREAS, all life is interconnected and interdependent; and WHEREAS, all share in the Universal bond of love; and WHEREAS, love begins with self -acceptance and forgiveness; and WHEREAS, with respect and compassion we embrace diversity; and WHEREAS, together we make a difference through love; and WHEREAS, The Love Foundation, Inc. invites mankind to declare May 1, 2021 as Global Love Day, a day of forgiveness and unconditional love. Global Love Day will act as a model for all of us to follow, each and every day; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the Is' of May, Two Thousand and Twenty -One as: Global I!)ov�z Vag IN WITNESS WHEREOF, I have hereunto set my Band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20,h day of April, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk Requested Action by Commission: Proclaim the Month of April as Autism Awareness and I nclusion Month, recognizing Love Serving Autism's contributions to the City of Boynton Beach. Lisa Pugliese -LaCroix, Love Serving Autism Founder, will accept the proclamation. Explanation of Request: Love Serving Autism is a member of the City's Inclusion Support Team and we would like to recognize their partnership in offering tennis programs to individuals with Autism Spectrum Disorder (ASD) and Developmental Challenges in Boynton Beach. 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 FlirtaaJa irna bola FlirtaaJa irna bola II.....OVE) w: ENnAir:g ALAtisirn Page 206 of 830 Proclamation WHEREAS, Love Serving Autism s mission is to expand life skills, especially functional communication, through specialized therapeutic tennis instruction to increase community inclusion and independence of individuals with Autism Spectrum Disorder (ASD) and Developmental Challenges. WHEREAS, Tennis is a sport full of life's lessons. It teaches individuals with ASD about valuable life skills. A few life skills gained through Love Serving Autism include integrity, sportsmanship, leadership, responsibility, perseverance and confidence. Children and adults with autism who engage in the sport of tennis can experience life-long therapeutic benefits, both on and off the tennis court. WHEREAS, Love Serving Autisms goal is for participants to apply their newly learned skills throughout the community, including school, workplace, social/recreational gatherings, and home settings. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April, Two Thousand and Twenty -One as: qlutim jlwar�znpm & ,Nee ptane�z Month IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20,h day of April, Two Thousand and Twenty -One. Steven B. Grant Mayor ATTEST: Tammy Stanzione Deputy City Clerk 3.1. Announcements, Community and Special Events and Presentations 4/20/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Proclaim the month of April as Celebrate Diversity Month. Vice Mayor Penserga will accept the proclamation. 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 FlirtaaJa irna bola Description FlirtaaJa irna bola CE)lE)lbra tE) IDiveir:>lity I ointh Page 208 of 830 Proclamation WHEREAS, launched in 2004, Celebrate Diversity Month is featured each April to recognize and honor the nation's diversity; and WHEREAS, the purpose is to help people from all walks of life gain a deeper understanding and appreciation of each other. FromAllstate to Wells Fargo, fromthe US Army to US Postal Service, Celebrate Diversity Month is widely recognized and celebrated by leading workplaces nationwide. It is not yet a federally -recognized theme month; and WHEREAS, Celebrate Diversity Month is a time gain a greater appreciation of the diversity of cultures, backgrounds and life experiences of those around you. No other nation in the world can boast such a diverse population; it is this diversity and the contributions of people of every race, culture and religion that will sustain our nation's character and strength into the future; and WHEREAS, it is a time to open dialogues that foster an appreciation of the differences that separate us, as well as the similarities that unite us. We may look different, speak differently and practice different customs, but we all have something valuable to contribute. WHEREAS, Celebrate Diversity Month is about everyone; it unites each of these histories and heritages into one celebration of everything that makes each of us unique and different. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of April, Two Thousand and Twenty -One as: Qzl�zbrOz Viwr5itg Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk 5.A. Administrative 4/20/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided 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: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description ppoiir:tirTIE)i nt air:d IRotatioin II.....list 4 20 21 R1toin If akJiff, CE) Page 210 of 830 Appointments and Applicants for April 20, 2021 Arts Advisory Board 11 Hay Reg 2 yr term to 3/23 Applicant: Ace Tilton Ratcliff (currently an alternate seeking to move up to regular) Building Board of Adjustments and Appeals 11 Hay Reg 2 yr term to 3/23 Vice Mayor Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: Citizens Oversite Committee 11 Hay Reg 2 yr term to 3/23 III Romelus Reg 2 yr term to 3/23 Vice Mayor Penserga Reg 2 yr term to 3/23 Applicant: Community Redevelopment Agency Advisory Board 11 Hay Reg 2 Yr term to 3/23 Applicant: Education and Youth Advisory Board 11 Hay Alt Applicant: Employee Pension Board 11 Hay Reg Applicants: None 1 yr term to 3/22 3 yr term to 12/23 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AF3D9EFC-9E1F-4291-9464-63D36CO274A2\Boynton Beach.26256.1.Appointments_for_04-20-21.docx Page 211 of 830 Appointments and Applicants for April 20, 2021 Historic Resources Preservation Board III Romelus Alt 1 yr term to 3/22 Applicant: Recreation and Parks Katz Reg 2 yr term to 3/23 Applicant: Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicant: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AF3D9EFC-9E1F-4291-9464-63D36CO274A2\Boynton Beach.26256.1.Appointments_for_04-20-21.docx Page 212 of 830 Stanzione, Tamm From: ace <norep|Y@123fonmbui|decio> Sent Thursday, April O1.2O21 11:41 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: ATR.-resume-20201.pdf Today's date 04/01/2021 Name Ace Tilton Ratcliff Phone number 561'376-3640 Address 142SVV13thAvenue Boynton Beach FL3S435 United States Email ace@stmyvve|rdbeWnd.com Current occupation or, |fretired, prior Freelance writer/artist,co-owner veterinary practice occupation Education 86 Are you aregistered voter? Yes Omyou reside within the Boynton Beach Yes City limits? Doyou own/manage m business within [|tyYes Umnhs7 K"ve�. name "yes", Harper\'sProm|se business: Are you currently serving oma City Yes board? Have you served ona City board |nthe Yes past? }f"yea",which |amcurrently analternate onthe Arts board and |amonthe Library board boapd(s)and when? Have you ever been convicted ofacrime? No |f"yes",when and where? Page 213 of 830 if appointed bythe City Commission to serve asBoard Chair Yes or Vice Chair are you willing toserve |n this capacity? Personal Please see attached resume for in-depth experience. Qualifications I grew up in Boynton Beach and attended Dreyfoos for high school before attending UCF for college. I left when I was 22 to live in the San Francisco Bay Area for the next decade, where I worked as a mortician and an artist. I returned to Boynton Beach in 2019 with my husband in order to buy a house and be closer to my family, who have been in Boynton for nearly 30 years now. I am currently a small business owner and freelance artist and writer who loves Boynton and being involved in local politics. Professional |AAHPCK4ember Memberships Crisis Text Line Volunteer Feel free to attach/up|oadan extra sheet qr resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 7I179.3O75(United States) atZUZ1-04-012I:41IoonChrome 89.O.4389.9O Entry ID: 4S6 Page 214 of 830 � � * �� Ac �� 142 SW 13th Avenue I Boynton Beach, FL 33435 They/Them Pronouns Ace is a freelance writer and vocal social advocate who has translated their years of experience in the funeral industry into aco-owned veterinary practice focused on in-home pet euthanasia, hoepice, and palliative care, Their advocacy is centered around intersectional feminism with a specific focus on disability righte--they live with several rona digeaaea, including hypermobile Ehlers-Danlos Syndrome. They're passionate about looking for opportunities toeducate the public about deathnare.disability, and making the world a more inclusive place. ' !;p£m|�m��K<�L� CD-fDuDdeY,Dea1hcareAdvisor Harpe["s Promise, LLC | TaDDaIy/ 2018 - Present Harper's Prornise is an in-home pet euthanasia, hospice and palliative care practice devoted to helping families throughout South Florida provide the best possible end of life experience. In 2017, Ace co-founded the practice with their partner, Dr. Derek Calhoon (avcterinaziao),after the death oftheir chihuahua, 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 Derek keep Harper's Promise by helping provide pets a good death, which is an integral part of a good CEO Stay Weird, 8e Kind Studios | December, 2D11 -Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented bytheir agent, 8taciaDecker, atDoom*.Carlson & Lerner Literary Agency. Ace has bylines at places like Gizrnodo, Popular Science, log, Huffington Post, Eater, and many more. Ace has made a name for thernself 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 in The 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 Science Fiction Convention 2020. Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to Self, and AodzewGorza/s Disability After Dark. As a sensitivity reader, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette 8owaland AJixHarrow, plus publishing houses such amPenguin Random House, Tor, and Rosen Publishing. Ace has been awarded the D. Franklin Defying Doomsday Award and ooruinatedfor aPushcart Prize. Ace possesses a dedicated group of more than 18K arnazing'I'witter followers and makes nearly 2.5 million impressions there on a monthly basis. Most recently, Ace and their followers raised over $1,000 for Fiyah Magazine in order to sponsor disabled BIPOCto attend their upcoming FIYAUC0hJ2oao. Page 215 of 830 Funeral Director, Embalmer, & Crematory Operator Parent -Sorensen Mortuary & Crematoryl January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — August, 2012 Boynton Memorial Chapel 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 rnanagement. 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 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 demanding two-year embalming apprenticeship. Junior Technical Writer I October, 2016 - November, 2017 Nominum, 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 documents, and clarified instructions to make documentation easier to use. She is proficient in Jim software for ticketing systems and Madcap Flare for document creation. She is willing an(] able to learn any new software or prograrns required. Director of Customer Services I August, 2015 - October, 2016 Sunfed,.Tnc. Ace was a combination event -coordinator, customer service representative, arid 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 communications released by the company. Ace implemented Multiple high-level, marketing -oriented processes and procedures, with a strong focus on social media maintenance across multiple major platforms. IV E,,,,, ri2 A NS IAAIIPC Mernber Crisis Text Line Volunteer Gene Rittburg Memorial Bocce Tournament Board Member National Funeral Directors Association Vallejo & Crockett Chamber of Commerce Member A New Hope for Kids Grief Facilitator Solano County Library Services Literacy Program Volunteer California Funeral Director Association Scholarship Recipient American River College, Sacramento, CA - A.S., Funeral Services 2012 University of Central Florida, Orlando, FL - B.A., Political Science 2010 Page 216 of 830 5.B. Administrative 4/20/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Discussion of revisions to Advisory Board Ordinance Explanation of Request: As a follow-up to City Commission discussion regarding Advisory Board appointments for the Chair and Vice -Chair the attached notated Ordinance is presented for the City Commission to discuss. How will this affect city programs or services? Fiscal Impact: none Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description Notatasd Ordliir:air CE) irEsIgairdliir g A6Asoiry Boards Page 217 of 830 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 ORDINANCE NO. 20-016 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS OF PART II AND PART III OF THE CODE OF ORDINANCES; PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, City of Boynton Beach ("City") staff has been reviewing existing code language to assure that the rules and requirements pertaining to City Advisory Boards and Committees, are clear and consistent throughout the Code of Ordinances; and WHEREAS, to promote a higher degree of organization, the Commission supports the elimination of redundancies related to the governance and duties of City Advisory Boards and Committees be eliminated; and WHEREAS, the Commission has determined it is in the City's best interest to reorganize existing provisions related to governance, membership, and duties of City Advisory Boards and Committees by codifying such provisions into one single chapter of the Code of Ordinances; and WHEREAS, the Commission has determined it is in the City's best interest to create an absence policy for City Advisory Boards and Committees; and WHEREAS, the Commission has determined it is in the City's best interest to create a policy related to concurrent service on City Boards and Committees; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter referenced. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. {00441234.1 306-9001821) Page 218 of 830 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 Section 2. Part II, Chapter Two, "Administration", Article I, "In General", Section 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60. "Commissions, boards, etc., independent of city commission to follow article" is hereby deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 4. Part II, Chapter Two, "Administration", Article VII, "Education and Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board", Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 5. Part II, Chapter Two, "Administration", Article IX, "Senior Advisory Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 6. Part II, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 7. Part II, Chapter Sixteen, "Parks and Recreation", Article I, "In General", Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their entirety by Chapter 27, "Advisory Boards and Committees." Section 8. Part III, Chapter 1, "General Administration", Article VII, "Administrative and Decision Making Bodies", Section 3, "Planning and Development Board", Section 4, "Historic Resources Preservation Board", and Section 5 "City Commission", of the City's Land Development Regulations are hereby deleted in their entirety and replaced by Chapter 27, "Advisory Boards and Committees." Section 9. Part III Land Development, Chapter 1, "General Administration", Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." {00441234.1 306-9001821) 2 Page 219 of 830 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created, which shall read as set forth in Exhibit A. Section 11. Each and every other provision of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 12. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 13. 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 14. Authority is hereby granted to codify said ordinance. Section 15. This ordinance shall become effective immediately upon passage. Section 16. All matters pending before the City boards or committees at the time of effective date of this Ordinance shall continue unabated and be taken up as scheduled before the respective board or committee. FIRST READING this day of 2020. SECOND, FINAL READING AND PASSAGE this day of 12020. ATTEST: Crystal Gibson, MMC City Clerk {00441234.1 306-9001821) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor— Ty Penserga Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus Commissioner — Justin Katz VOTE YES NO Page 220 of 830 102 103 (Corporate Seal) 104 {00441234.1 306-9001821) Page 221 of 830 105 EXHIBIT A 106 CHAPTER 27 107 ARTICLE L IN GENERAL 108 109 Sec. 27-1. City boards and committees defined; generally. 110 1. "Board", shall refer to a group of individuals appointed by the City Commission for the 111 purpose of providing advisory assistance to the Commission. No board shall have 112 administrative authority over any department of the City. 113 2. "Committee" shall refer to a group of individuals appointed by the City Commission to 114 provide advisory authority on a single subject or issue matter. The City Commission may 115 establish a sunset date for each Committee. Terms "board" or "committee" may be used 116 interchangeably herein. 117 3. The provisions of Chapter 27, Article I, shall apply generally to all City advisory boards and 118 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton 119 Beach Code of Ordinances. 120 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27, 121 shall apply to acts and actions occurring or in progress prior to its adoption by the City 122 Commission. All matters pending before the City boards and committees at the time of 123 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 124 the respective board and committee. 125 126 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 127 1. No person shall be appointed to a City advisory board or committee without the person first 128 submitting an application for appointment. All applications for appointment to a City board 129 shall be on a form authorized by the City Commission. The City Clerk shall review all 130 applications for completeness and qualifying requirements prior to submitting them to the City 131 Commission for consideration. 132 2. Selection of Chair and Vice -Chair. The chairperson and vice -chairperson for each board 133 shall be selected by majority vote of the City Commissionl. Neither the chair nor the vice -chair 134 have fixed terms. The Chair and Vice -Chair shall be annually reappointed. The duties of the {00441234.1 306-9001821) 5 Commented [JAC1]: OPTION 1: Each Board selects its Chair and Vice Chair OPTION 2: Each Board selects its Chair and Vice Chair but the City Commission must ratify the selection. OPTION 3: The Commission selects the Chair and Vice Chair of some, but not all Boards. Staff recommendation that City Commission should appoint Chair and Vice Chair of: fPlanning and Development Board, Library Board, and -Art Advisory Board. Page 222 of 830 135 chair shall be �o preside at �11 board meetings. The vice -chair shall perform the duties of the — commented [JAc2]: Clarify that Chair does not set the — agenda as the agenda is established by the City staff 136 chair in the chair's absence. member(s) who are the liaisons to the Board. 137 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate 138 members for each board. Alternate members may participate at board meetings in the place of 139 absent board members or recused members, to the same extent as regular members. h� the — commented [JAc3]: Clarify that when two or more alternates are available that the Chair selects who steps up to 140 event a vacancy occurs on a board, the alternate shall assume the role of a regular board fill the seat at the meeting. 141 member for the remainder of the abandoned term or until the City Commission appoints a 142 replacement regular member, whichever occurs first. 143 a. The term for alternate members shall be for one (1) year.1 — commented [JAc4]: OPTION 1: two years 144 b. Alternate member appointees may be reappointed. OPTION 2: until replaced by Commisison 145 c. Notwithstanding any other provision of City code or procedural rule, �o alternate — commented [JAc5]: Delete clause 146 member of any City board may serve in the capacity of Chairperson, Vice Chair, or 147 Chair Pro -Tem. 148 4. Organization. Generally, City advisory boards and committees shall be composed of seven 149 (7) regular members and two (2) alternate members, except as may be provided for by Florida 150 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 151 Ordinances of the City of Boynton Beach. 152 5. Quorum. Four (4) members shall constitute a quorum for each advisory board and committee 153 with seven (7) regular members. Where an advisory board or committee has less than seven 154 (7) regular members, a simple majority of regular members shall constitute a quorum. 155 6. Qualifications. Members serving on advisory boards and committees shall possess sufficient 156 knowledge, experience, judgment or background necessary to competently serve the board or 157 committee to which they are appointed. 158 (a) In order to qualify for appointment to and to serve as a member of any board or 159 committee of the City, an individual must be an elector �f Palm Beach County, 166 F10rlda.1 ted CommeOPTION 1: must beresidentof the City 161 (b) In selecting individuals to serve on boards and committees of the City, preference OPTION 2: must be resident of or business owner in the City. See (b) 162 shall be given to individuals who are residents of the City of Boynton Beach, 163 provided however, non-residents who own property in the City, own a business 164 within the City, or serve as an officer, Director or manager of a business located {00441234.1 306-9001821) 6 Page 223 of 830 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 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. (c) In selecting individuals to serve on boards and committees of the City, preference shall be given to individuals �vho do not presently serve on one of the City's boards. — Commented [JAC7]: OPTION 1: no one may serve on more than one board or (d) Concurrent service on City boards and committees shall be permitted only to the committee. See (d) 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. 6. Term of Service. In general, all regular member appointments shall be for a two-year period. (a) 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 (2) years. (b) 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. (c) The terms of office of the board members shall be so no more than one - Commented [JACS]: Add provision clarifying that a Board Member may continue to serve beyond their term but only until their seat is filled by Commission. Commented [JAC9]: Delete clause. There is not an election in each year. J Commented [JAC10]: third of the board is appointed or replaced in any 12 -month period. OPTION 1: eliminate staggered terms. (d) The current term of all board members whom have been appointed prior to the adoption of Chapter 27 shall continue uninterrupted until the expiration of �aidcommented [JAC11]: Substitute "their" term. 188 7. Term Limits. 189 (e) No member shall be appointed for more than two (2) successive terms (original 190 term, plus on additional term). A member who has been appointed to fill an 191 unexpired term shall remain eligible to serve two (2) full two-year successive terms. 192 (f) Upon completion of the maximum allowable two (2) full terms of membership, no 193 member shall be eligible for reappointment to the same advisory board, and {00441234.1 306-9001821) 7 Page 224 of 830 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 committee for a period of one (1) year unless otherwise approved by the Commission. S. I eorganization� In the case of creation of a new board or committee or the reorganization — Commented [JAC12]: see Comment above regarding staggered terms. or reconstitution of an advisory board or committee, three (3) 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 (2) years. Thereafter, all appointments shall be for two (2) years. 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. Sec. 27-4. 1. When a member of any advisory board or committee that has regularly scheduled meetings once a month, has missed three (3) regular monthly meetings for any reason within one (1) annual board term, that member will be notified that one (1) additional absence will cause his/her board membership to be terminated. Therefore, the fourth absence shall result in removal from the board. 211 (a) Those boards or committees that have regularly scheduled meetings more than once 212 a month shall be permitted to have six (6) absences during any one (1) annual board 213 term. The seventh absence shall result in removal from the board by ministerial 214 action of the City Clerk. 215 2. Excused Absences. A board member, to whom which any of the below mentioned instances 216 apply, shall submit in writing to the board Chairman, a request for an excused absence or 217 absences. The board Chairman shall have the power to excuse an absent board member. In the 218 event the board Chairman has excused the absence of one of the board members, the decision 219 must be mentioned on the record at the applicable meeting. 220 (a) An absence may be excused due to one of the following: 221 i. Personal illness or injury; 222 ii. Illness or injury of a family member; 223 iii. Death in the family; {00441234.1 306-9001821) 8 Commented [JAC13]: OPTION 1: meetings scheduled as needed as determined by Board Liaison. request by Commission or Citv Manager. Commented [JAC14]: OPTION 1: change reference from "annual board term" to "the members term" OPTION 2: change the number of absences that trigger automatic removal. OPTION 3: eliminate "excused absences' provision below. Page 225 of 830 224 iv. Emergency; 225 V. Maternity leave; or, 226 vi. Military service. 227 228 Sec. 27-5. Removal; abandonment; vacancy. 229 1. All City board members serve at the pleasure of the City Commission and may be removed 230 with or without cause at any time by a majority vote of the City Commission, unless otherwise 231 provided by the Charter or Florida Statutes. 232 2. Notice of Removal. A notice of removal shall be served upon the City board member who 233 has been removed upon the direction of a majority of the City Commission. The notice of 234 removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager 235 if so directed by the City Commission. 236 (a) Service of Notice. The notice of removal shall be served by personal delivery or by 237 ordinary first class mail. Service shall be accomplished as soon as is practicable 238 after the City Commission directs service of the notice of removal or, in the event 239 of Abandonment of Office, after the City Manager or designee issues the notice of 240 removal. 241 (b) Effective Date of Removals. Removal of a City board member shall have immediate 242 effect upon the vote of a majority of the City Commission. 243 (c) A person who is removed from a City board pursuant to the procedures set forth 244 in this section shall not be subject to reappointment to any City board for a period 245 of thirty-six (36) monthsl. 246 3.Obandonmentl. In the event of Abandonment of Office, the notice of removal shall 247 automatically be issued by the City Manager, or designee. Seven unexcused absences shall 248 constitute abandonment of a board seat. 249 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the 250 resignation or removal of a member prior to the expiration of their term, a member shall be 251 appointed to complete the unexpired term only, unless the unexpired term is for a period of 252 time less than six (6) months. In that event the appointed member shall then be allowed to 253 serve the following full regular term without reappointment. {00441234.1 306-9001821) 9 Commented [JAC15]: OPTION 1: no reappointment to any board OPTION 2: 60 (or other #) months Commented [JAC16]: Delete, redundant in light of absentee provision. Page 226 of 830 254 255 Sec. 27-6. Rules and Procedures. 256 1. �ach board or committee may make and adopt by-laws, rules and regulations for their own 257 guidance and for the government and performance of its duties. Subject to the approval, — commented [JAcv]: OPTION 1: substitute Robert's Rules 258 supervision and control of the City Commission and not inconsistent with law. 259 2. (Boards shall keep minutes of its proceedings; record the vote on each question; and, keep — commented [JAc18]: clarify that the city clerk will record and maintain a record of the meetings. 260 records of its discussions, recommendations, and other official actions. OPTION 1: all meetings will be audio taped OPTION 2: all meeting will be video taped. 261 3. When a board issues an order, the order must be reviewed by the City Attorney's Office 262 prior to issuance. An Order is rendered when signed by the chair and City Clerk. 263 4. All board meetings shall be open to the public. 264 265 Sec. 27-7. Powers. 266 1. Nothing in this article shall be construed as restricting or curtailing any of the powers of the 267 City Commission, or as a delegation to the board of any of the authority or discretionary powers 268 vested and imposed by law in the City Commission. The City Commission declares that public 269 interest, convenience and welfare requires the appointment of the following boards or 270 committees to act in a purely advisory capacity to the City Commission for the purposes set 271 forth in this article. Any powers delegated here to the board to adopt rules and regulations shall 272 not be construed as a delegation of legislative authority, but purely of administrative authority. 273 (a) Compensation. No member of a board or committee shall receive any pay or 274 compensation for any services rendered as a member of such board. 275 2. �ach board shall periodically advise the City Commission of its findings with respect to 276 certain matters delegated to each board and shall make recommendations to the City 277 Commission on any matter referred to it within thirty (30) days or within such time as 278 prescribed by the City Commission by specific resolution.) commented [JAc19]: Delete. 279 280 Sec. 27-8. Quasi-judicial proceedings before city board; procedure for 281 reconsideration of decision. 282 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings 283 before the "istoric Preservation Board, the Planning Development Board, or the Building — commented [JAc20]: OPTION: eliminate quasi-judicial at the Board level as these Boards are purely advisory. {00441234.1 306-9001821) 10 Page 227 of 830 284 Board of Adjustments and Appeals, related to the following specific types of proceedings: 285 variances; rezoning requests; appeals from administrative decisions of the building official or 286 the planning director; master plan approvals; site plan approvals; modifications of site plans; 287 relief from code requirements; conditional use approvals; site plan extensions; abandonment 288 applications; and, other land development matters announced as quasi-judicial hearings. 289 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties 290 with the opportunity to testify, call witnesses, introduce evidence and cross-examine 291 witnesses. Testimony shall be under oath or affirmation. When a proposed development order 292 comes before the City Commission having first been afforded a quasi-judicial hearing before 293 a city board, the testimony and evidence submitted to a city board constitutes part of the record 294 of testimony and evidence before the City Commission. 295 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in 296 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include 297 the name and address of each property owner to whom notice was mailed and a photograph of 298 each sign posted, as hereinafter required. The following notices must be paid for and provided 299 by the applicant: 300 (a) All property owners, homeowner associations, and condominium associations that 301 own property within four hundred (400) feet of the boundary line of the property 302 which is the subject of the quasi-judicial hearing shall be mailed, by first class mail, 303 a notice of hearing postmarked no less than ten (10) calendar days prior to the 304 hearing. 305 (b) One (1) sign for each street frontage of the property shall be posted no less than ten 306 (10) days prior to the hearing. The sign shall be legible from a distance of one 307 hundred (100) feet and shall contain a description of the approval being sought, the 308 date, time and location of the hearing, and a statement that the application being 309 considered is available for inspection in the Development Department of the city. 310 (c) When a quasi-judicial hearing is tabled or continued at the request of an applicant, 311 re -notice of the hearing shall be provided by the applicant in the same manner as 312 original notice. {00441234.1 306-9001821) IN Page 228 of 830 313 41. The City_ Commission may reconsider its decision arising from a quasi-judicial proceeding — Commented [JAC21]: Move this section from Boards to other section of Code. 314 only upon a motion to reconsider made at the meeting at which the decision was rendered or 315 during the next regular City Commission meeting. No quasi-judicial decision shall be 316 considered final until the conclusion of the next City Commission meeting, or if a motion to 317 reconsider has been made and passes, the conclusion of the reconsideration of the matter, and 318 the entry of a written order approved by the City Attorney and signed by the City Clerk. 319 (a) When a motion for reconsideration is made and approved at the Commission 320 meeting at which the decision was rendered, the Commission may immediately 321 reconsider the matter before them or, the Commission may reconsider the matter at 322 a later time certain which shall be announced, at the meeting, to the applicant and 323 the public. No additional notice of the matter shall be necessary. 324 (a) When a motion for reconsideration is made following the close of the Commission 325 meeting at which the decision is made, only the motion to reconsider shall be heard 326 at the next regular City Commission meeting. If the motion to reconsider is adopted 327 by the Commission, the matter which is the subject of the motion to reconsider shall 328 be placed on the next regular City Commission meeting agenda. The agenda item 329 shall be noticed in the same manner as the notice provided when the item was 330 originally considered. 331 (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only 332 upon a motion to reconsider at the meeting at which the decision was rendered. 333 334 335 Sec. 27-9. Boards and committees to follow �CNA — Commented [)AC22]: Delete this section: Boards and Committees have no purchasing powers. 336 Any city boards or committees and the like which have purchasing authority independent of 337 the City Commission, the purchases of such bodies which are subject to the Consultants' 338 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, 339 the board or committee, or the like will itself perform the functions set forth herein that are 340 otherwise applicable to the City Commission. 341 342 Sec. 27-10 — 27-19. Reserved. {00441234.1 306-9001821) 12 Page 229 of 830 343 344 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD 345 Sec. 27-20. Membership. 346 Appointees to the Art Advisory Board shall be residents or business owners preferably 347 with the following background: artist, art volunteer/activist; planner; private developer; 348 architect; neighborhood association member; interested citizen. 349 350 Sec. 27-21. Intent. 351 1. It is the intent and purpose of this article to further the commitment of the city to the 352 aesthetic, historical, cultural and economic enrichment of the community through the creation 353 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and 354 appreciate works of art. The requirements of this article shall be construed to promote the 355 aesthetic values of the entire community and to encourage the preservation and protection of 356 works of art. 357 2. This article shall be known and cited as the "Art in Public Places Program." 358 3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art 359 acquired through expending funds in the Public Art Fund shall be owned by the city according 360 to the Art Advisory Board's Recommendations and Guidelines. 361 362 Sec.21-22.Definitions. 363 1. For the purposes of this section, the following words and phrases shall have the following 364 meanings: 365 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally 366 recognized by critics and peers as a professional of serious intent and ability. 367 Indications of a person's status as a professional artist include, but are not limited 368 to, income realized through the sole commission of artwork, frequent or consistent 369 art exhibitions, placement of artwork in public institutions or museums, receipt of 370 honors and awards, and training in the arts. 371 (b) "Art" "Artwork", or "Works of Art" means tangible creations by artists exhibiting 372 the highest quality of skill and aesthetic principles and includes all forms of the {00441234.1 306-9001821) 13 Page 230 of 830 373 visual arts conceived in any medium, material, or combination thereof, including, 374 but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, 375 mosaics, mobiles, tapestries, murals, photographs, video projections, digital 376 images, bas- relief, high relief, fountains, kinetics, collages, drawings, monuments 377 erected to commemorate a person or an event, functional furnishings, such as artist 378 designed seating and pavers, unique or original architectural elements, and artist 379 designed landforms or landscape elements. The following shall not be considered 380 artwork or works of art for purposes of this article: 381 i. Reproductions or unlimited copies of original artwork. 382 ii. Art objects, which are mass-produced. 383 iii. Works that are decorative, ornamental, or functional elements of the 384 architecture or landscape design, except when commissioned from an artist 385 or designed as an integral aspect of a structure or site. 386 (c) "Building" means any structure that encloses space and is used or built for the 387 shelter or enclosure of persons, businesses, chattel or property. 388 (d) "Development" means any construction, or redevelopment, or structural alteration 389 of any private or public building within the limits of the city. P90 (e)Advisory Board" means the advisory board established 391 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory 392 Board in Ordinance 2020 -XX. 393 (f) "Public Art Fund" means a separate, interest bearing account set up by the city to 394 receive monies for the Art in Public Places Program. 395 (g) "Remodeling or conversion" means alterations made to a building within any 396 twelve month period, including, but not limited to, changes to the facade of a 397 building, changes to the interior of a building, increases or decreases in the floor 398 area of a building and changes to exterior improvements. 399 (h) "In -fill Housing" means new residential units on parcels less than five (5) acres 400 that are not part of an approved planned unit development as defined by the city 401 land development regulations. 402 {00441234.1 306-9001821) 14 Commented [JAC23]: The Term "Arts Commission" was changed to Art Advisory Board to avoid confusion. Only the ON Commission is referred to as "Commission". Page 231 of 830 403 Sec. 27-23. Art Advisory Board Meetings. 404 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for 405 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be 406 necessary, and it may add to such rules of organization, regulation and procedure as it may 407 deem necessary and determine the duties of its members and officers. 408 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City 409 of Boynton Beach's Ordinance No. 01-64. 410 411 Sec. 28-24 Purpose and Duties. 412 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related 413 to the arts, to develop a plan and programs to promote and support art in public places, and to 414 recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory 415 Board to act as an advisory board to the City Commission in providing advice on matters 416 relating to the visual arts. 417 2. The Art Advisory Board may recommend funding sources including private sources and 418 grant funds; encourage public and private partnerships in the arts; review and make 419 recommendations on proposals for art work for public buildings and public spaces; encourage 420 the flow of art into the City; stimulate art related activities and events; study issues related to 421 art and implement art programs as delegated to it by the City's Commission from time to time. 422 3. The Art Advisory Board shall periodically advise the City Commission of its findings or 423 proposals with respect to the foregoing issues and make recommendations to the City 424 Commission on any matter referred to it within as much time prescribed by the City 425 Commission. 426 4. The Art Advisory Board shall have the following additional powers and duties: 427 (a) Recommend to the City Commission adoption of Art in Public Places Program 428 Guidelines and amendments thereto; 429 (b) Recommend to the City Commission adoption of a Public Art Master Plan 430 identifying locations for public artworks and establishing a priority order; 431 (c) Recommend to the City Commission authorization of expenditures for maintaining 432 and implementing the Art in Public Places Program; {00441234.1 306-9001821) 15 Page 232 of 830 433 (d) Recommend to the City Commission other expenditures of the Public Art Fund 434 such as hiring staff and services to run the Art in Public Places Program; 435 (e) Exercise their authority to approve, approve with conditions or disapprove 436 proposed installation of artwork based on Art in Public Places Program Guidelines; 437 and 438 (f) Advance, through education and communication, the Art in Public Places Program 439 Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". 440 441 Sec. 27-25. Establishment of public art fee. 442 1. All development, redevelopment, reconstruction or remodeling projects commenced after 443 the adoption of this article which have a construction value of $250,000.00 or greater, shall 444 participate in the Art in Public Places Program by paying a public art fee. For the purpose of 445 this section, a project will be considered "commenced" when an application for review is first 446 submitted to the city's Development Department. The public art fee shall be equal to one 447 percent (1%) of construction value of the project. The Building Division/Finance Department 448 shall administer the billing and collection of the thirty percent (30%) or (03) of the one percent 449 (1%) of the public art fee at the time of Building Permit issuance and the seventy percent (70%) 450 or (07) of the one percent (1%) prior to and as a condition of issuance of the certificate of 451 occupancy that includes the public art. One hundred percent (100%) of the public art fees 452 collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund 453 require the recommendation of the Art Advisory Board prior to City Commission approval. 454 2. The following types of projects are exempt from the payment of the public art fee: 455 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 456 earthquake or other calamity determined by the City of Boynton Beach Building 457 Official. 458 (b) The percent of the project dedicated to affordable housing as defined by the City of 459 Boynton Beach. 460 (c) All projects which were submitted prior to or on October 5, 2005, notwithstanding any 461 subsequent request for site plan extension. 462 (d) Single-family and two-family in -fill housing. {00441234.1 306-9001821) 16 Page 233 of 830 463 (e) Normal, routine maintenance including replacement of existing damaged or failing 464 structural or non-structural elements, HVAC, plumbing, electric, or fire 465 detection/suppression equipment of a project not associated with an addition, 466 renovation or new construction. 467 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 468 existing amenity, clubhouse, building, pool, park, playground and/or common area 469 element located within an existing private residential development. This specific 470 exemption applies retroactively to October 5, 2005. 471 3. Project owners required to participate in the Art in Public Places Program may obtain 472 reimbursement up to seventy percent (70%) of collected art fee if the following conditions are 473 met: 474 (a) The owner of a development agrees to follow the Art Advisory Board's 475 recommendations to develop the art in the project; and 476 (b) Prior to placement on the development site, has the artwork approved by the Art 477 Advisory Board to insure that the artwork will be accessible and readily visible to the 478 public based on location of artwork and normal traffic of vehicles/pedestrians in the 479 proposed location; and 480 (c) Select an artist directly to execute a project that meets specific criteria outlined by the 481 recommendations and guidelines document provided by the Art Advisory Board or 482 hire a professional consultant to select artists to commission site- specific, 483 architecturally integrated artworks that meet specific art guidelines criteria outlined by 484 the recommendations and guidelines document provided by the Art Advisory Board; 485 or purchase artworks for permanent installation recommended by the Art Advisory 486 Board; or elect to purchase an existing artwork or commission an original artwork for 487 donation as a gift to the City of Boynton Beach's public art collection. 488 489 Sec. 27-26. Public Art Fund. 490 1. There is hereby created a Public Art Fund administered by the Art Advisory Board. 491 Funding shall consist of all contributions received from art fees for development and 492 redevelopment. Contributions shall include one percent (1%) of construction value on {00441234.1 306-9001821) 17 Page 234 of 830 493 projects exceeding $250,000.00, any cash grants and donations to the city for public art 494 projects from governmental or private resources, and all other funds allocated by the city 495 through the budgetary process for the provision of public art. 496 2. Expenditures from the Public Art Fund shall include but not be limited to expenses 497 associated with the selection, commissioning, acquisition, transportation, maintenance, 498 public education, promotion, administration, program marketing, documentation, removal 499 and insurance of the works of art or in relation thereto. The Art Advisory Board can 500 recommend to the City Commission expenditures from the funds in furtherance of the Art 501 in Public Places Program. 502 3. Disbursements of the public art fee shall be seventy percent (70%) to the construction of 503 art in a given project and thirty percent (30%) for the administration of the Art in Public 504 Places Program and a (endowment or reserve fund) for future work as described in the Art 505 Advisory Board's Guidelines and Recommendations. 506 507 Sec. 27-27. Art Advisory Board's Guidelines and Recommendations. 508 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's 509 Guidelines and Recommendations. 510 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the 511 City Commission revisions to the Art in Public Places Program Guidelines and make the same 512 available to the public, which shall provide guidance for program organization; organizational 513 governance and staffing responsibilities; procedures for project planning; artist selection; art 514 selection criteria; art placement criteria; donations; loans and memorials; collection 515 management; and administration of the Public Art Fund. 516 3. Location Plan. The Art Advisory Board shall prepare, and from time to time revise, a Art in 517 Public Places Program Location Plan that identifies locations and criteria for public artworks 518 and establishes a priority order. 519 520 Sec. 27-28 — 27-32. Reserved. 521 {00441234.1 306-9001821) 18 Page 235 of 830 522 ARTICLE III. BOYNTON BEACH LIBRARY BOARD 523 Sec. 27-33. Purpose and Duties. 524 1. Subject to the control and direction of the City Commission, the Library Board: 525 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to 526 assure representation of the ideas of citizens and taxpayers of the City relative to 527 the function and operation of municipal libraries and reading rooms in the City, and 528 such advisory assistance shall include, but not be limited to, recommendations 529 relative to control of expenditures of moneys collected or donated to the credit of 530 any municipal library in this City, and the supervision, care and custody of the 531 grounds, rooms, property and buildings constructed, leased or set aside for 532 municipal library purposes. 533 (b) Shall make recommendations for the appointment of a suitable librarian and 534 assistants and their respective rates of compensation; establish regulations for the 535 government and control of any municipal library as may be deemed necessary for 536 its preservation and to maintain its usefulness and efficiency; fix and impose by 537 general rules, penalties and forfeitures for failure to return any book or for violation 538 of any by-laws or regulations of the board. 539 (c) Shall annually in an advisory capacity assist the City manager in preparing a budget 540 for the maintenance and expansion of municipal library facilities. 541 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the 542 activities of the board and the municipal library system and make reports to the City 543 Manager and the City Commission relative thereto annually or whenever requested 544 to do so by the Commission. 545 546 27-34 — 27-38. Reserved. 547 548 ARTICLE IV. PARKS AND RECREATION BOARD 549 27-39. Powers and duties. 550 1. Subject to the control and direction of the City Commission, the Parks and Recreation Board: {00441234.1 306-9001821) 19 Page 236 of 830 551 (a) Shall act in an advisory capacity (non -administrative) to the Recreation and Parks 552 Department, to assure representation of ideas of citizens who are interested in 553 promoting better recreation and park facilities and programs for the City. Such 554 advice shall include but not be limited to site locations, development, supervision 555 and maintenance of public recreation and parks of the City. 556 (b) May acquire by gift or donation, any property for public recreation or park 557 purposes. Any gifts or donations acquired shall go through the Recreation and Parks 558 Department and shall become the property of the City, and title of any real property 559 so acquired shall be taken in the name of the City. 560 (c) Shall make recommendations to the City Manager and City Commission, through 561 the Recreation and Parks Director, concerning the purchase of property by the City 562 for public recreation and park purposes, concerning the establishment, 563 maintenance, and supervision of public recreation and parks, and concerning 564 expenditures of the recreational and park fund hereinafter established. 565 (d) Shall keep records and accounts of all the activities of the Board and make reports 566 through the Recreation and Parks Department to the City Commission and City 567 Manager whenever requested to do so. 568 (e) In exercising their powers and performing their duties as specified in this article, 569 the Board shall act through a majority of its members and the Chair of the Board is 570 requested to sign all papers and documents requiring the signature of the Recreation 571 and Parks Board. 572 573 Sec. 27-40 — 27-44. Reserved. 574 575 ARTICLE V. SENIOR ADVISORY BOARD 576 Sec. 27-45. Meetings. 577 The board shall meet quarterly on an "as needed" basis for the transaction of business. 578 Its meetings shall be open to the public. 579 580 Sec. 27-46. Purpose and Duties. {00441234.1 306-9001821) 20 Page 237 of 830 581 1. The Senior Advisory Board shall assist the elderly in: 582 (a) Setting up a retired senior volunteer program known as RSVP to provide services 583 for the homebound; 584 (b) Seeking federal and state grants to provide for services; 585 (c) Monitor and lobby for legislation regarding the elderly; 586 (d) Make arrangements for the medical mobile unit already in operation in Palm Beach 587 County to bring it to the City of Boynton Beach; 588 (e) Provide a pamphlet of available programs for seniors; 589 (f) Provide a speakers bureau, workshops and educational meetings on topics of 590 interest for seniors; 591 (g) Recommend free legal programs and banking services for the homebound; 592 (h) Provide recreation and social programs. 593 594 Sec. 27-47 — 27-51. Reserved. 595 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD 596 597 Sec. 27-52. Created. 598 The City Commission, in accordance with the powers vested in it, merged the Children 599 and Youth Advisory Boards and the Education Advisory Board and established the Education 600 and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory 601 Board shall survive and be deemed merged and consolidated with the powers, duties and 602 responsibilities of the Children and Youth Advisory Board. All previous actions of the 603 Education Advisory Board shall survive this consolidation unless specifically revoked by the 604 Children and Youth Advisory Board. 605 606 Sec. 27-53. Organization. 607 The Children and Youth Advisory Board shall comprise seven (7) permanent members, 608 two (2) alternate members and three (3) student members. The three (3) student members shall 609 be appointed for a period of one (1) year. 610 611 Sec. 27-54. Purpose and Duties. {00441234.1 306-9001821) 21 Page 238 of 830 612 1. The Education and Youth Advisory Board shall assist the City and local schools in: 613 (a) Development of programs that promote ongoing relationships with caring adults 614 and the recruitment of volunteers to assist students before, during and after school. 615 (b) Formulation of long and short range programming to benefit the children and youth 616 of the community by involving parents, the business community, civic and 617 neighborhood organizations, including volunteer recruiting for before and after 618 local school programs. 619 (c) Contact community groups and businesses within the geographical boundaries of 620 Boynton Beach for professional skills, materials, financial or education support for 621 the schools and with the purpose of implementing programs at local schools that 622 benefit students from Pre- K through grades 12 and vocational schools. 623 (d) Development of incentives and enhancements to encourage the development of safe 624 places, including improved playgrounds at or near local schools and structured 625 activities during non -school hours. 626 (e) Coordinating with City's parks and recreation department to improve playgrounds 627 at or near local schools. 628 (f) Identification and dissemination of information on local, county, state and federal 629 programs that provide beneficial services to children and their families. 630 (g) Developing strategies for communicating with the School Board of Palm Beach 631 County and its staff, advising the City Commission as to the activities of the School 632 Board, and other federal, state and local legislative bodies which affect the needs 633 of students, within the city. 634 i. Developing recommendations to the City Commission for forwarding to the 635 School Board of Palm Beach County regarding actions which may be taken 636 in support of schools in Boynton Beach and with respect to proposed 637 legislation at the state level. 638 (h) Development of child and youth advocacy programs. 639 (i) Developing public relations that highlight successful programs within the schools 640 to help improve their image in conjunction with local media. {00441234.1 306-9001821) 22 Page 239 of 830 641 (j) Coordinating with the local police department to improve safety for students before, 642 during and after school, and to promote and enhance the relationship between 643 children and local police. 644 645 Sec. 27-55 — 27-59. Reserved. 646 647 ARTICLE VII. PLANNING & DEVELOPMENT BOARD 648 Sec. 27-60. Membership. 649 1. In appointing members to the Planning and Development Board, the City Commission shall 650 give preference, when possible, to resident professionals such as urban planners, developers, 651 realtors, and design professionals licensed in the disciplines of architecture, landscape 652 architecture, and civil engineering. 653 2. Should a member of the Planning and Development Board move outside the City limits, the 654 member shall become disqualified, and a new member shall be appointed by the City 655 Commission. 656 657 Sec. 27-61. Functions, Powers, and Duties. 658 1. The Planning and Development Board shall act in an advisory capacity to the City 659 Commission by conducting investigations and holding public hearings regarding the 660 following: 661 (a) Ordinances, regulations, and other proposals promoting orderly development along 662 lines indicated as desirable by the Comprehensive Plan; 663 (b) Proposed developments and determination of conformance to the principles and 664 requirements of the Comprehensive Plan and Land Development Regulations; 665 (c) Changes or amendments relating to the boundaries of the City, its zoning districts, 666 or future land use map classifications; 667 (d) Changes or amendments to the text of the Comprehensive Plan or Land 668 Development Regulations; 669 (e) Other duties which may be lawfully assigned to it, or which may have a bearing on 670 the preparation or accomplishment of the plan; {00441234.1 306-9001821) 23 Page 240 of 830 671 (f) Project designs, aesthetics, quality, and impact upon the value of property and the 672 physical environment of the City; and 673 (g) The promotion of sustainable development activities. 674 675 Sec. 27-62. Meetings. 676 1. The Planning and Development Board shall meet on the fourth Tuesday of each month 677 unless otherwise rescheduled in connection with holidays, planned absences, or at other such 678 times as the chairperson may determine. 679 (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings, 680 showing the vote of each member on each question, or if absent or abstaining, 681 indicating such fact. 682 (b) No member shall abstain from voting unless he or she has a conflict of interest 683 pursuant to the provisions contained herein or in accordance withF.S. Chapter 112. 684 (c) The records of the board shall be filed in the office of the City Clerk and shall be 685 public records. 686 687 Sec. 27-63. Review of Applications. 688 1. Staff shall review each of the following types of applications and requests and make a 689 recommendation to the Planning and Development Board, who shall have the authority and 690 duty to hear and make recommendations to the City Commission: 691 (a) annexation; 692 (b) Comprehensive Plan amendments; 693 (c) conditional use; rezoning; 694 (d) Master Plan (new); 695 (e) major Master Plan modification; 696 (f) Site Plan; 697 (g) Site Plan time extension; 698 (h) Major Site Plan modification; 699 (i) Vacation and abandonment; 700 0) Master Site Plan (new); {00441234.1 306-9001821) 24 Page 241 of 830 701 (k) Major Master Site Plan modification; 702 (1) Use approval; Waiver (in PID); 703 (m)Community Design Appeal; 704 (n) Height exception; 705 (o) Variance to Land Development Regulations; and, 706 (p) Wireless communication facilities (WCF). 707 708 Sec. 27-64. Action. 709 1. No action of the Planning and Development Board shall be considered a final action of the 710 City until ratified by the City Commission. The procedure for ratification shall be as follows: 711 (a) All matters which have been reviewed and acted on by the board shall be 712 summarized in writing as a proposed development order. The form of the 713 proposed development order shall be approved by the City Attorney. 714 (b) All proposed development orders shall be submitted to the City Commission at 715 a regular City Commission meeting following action by the board. When a 716 legislative item, such as a land use amendment, is consolidated with a quasi - 717 judicial item, such as a rezoning, both items shall proceed using the quasi - 718 judicial process, but consolidation shall not alter the legal standard for review, 719 or the burden of proof. 720 (c) The City Commission may table a proposed development order to ensure that 721 proper notice and opportunity to be heard is provided to the applicant, the 722 public, and any other interested parties. All documents and evidence that were 723 submitted to the Planning and Development Board constitute part of the record 724 of the proceeding before the City Commission and it is presumed that the City 725 Commission accepted and considered the documents and evidence in its 726 consideration of the issues before the Commission. 727 (d) Following approval of a development order by the City Commission, the City 728 Clerk shall date and sign the development order and issue it as a final order. 729 730 Sec.27-65. Terms and Definitions. {00441234.1 306-9001821) 25 Page 242 of 830 731 See Part III, "Land Development Regulations", Chapter 1, "General Administration", Article 732 II, for all applicable terms and definitions which pertain to the regulations and standards 733 contained herein. 734 735 Sec. 27-66 — 27-70. Reserved. 736 737 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD 738 739 Sec. 27-72. Membership. 740 1. Where possible, a minimum of two (2) members shall be chosen from among the disciplines 741 of architecture, history, architectural history, archaeology, landscape architecture or planning. 742 A minimum of three (3) additional members of the board shall be experienced in the areas of 743 commercial development, real estate, banking or law. The two (2) remaining members shall 744 be citizen members at large 745 (a) All members shall have demonstrated a special interest, experience or knowledge 746 in historic preservation or closely related disciplines. 747 (b) Persons serving on the board are encouraged to attend educational meetings or 748 workshops to develop a special interest, expertise, experience or knowledge in 749 preservation, architecture, or quasi-judicial boards. 750 (c) The City may appoint a professionally qualified historic preservation planner to 751 advise and assist the board, carry out delegated responsibilities, and undertake the 752 requirements for Certified Local Government certification. 753 754 Sec. 27-73. Meetings. 755 1. The board shall hold a minimum of four (4) meetings per year at regular intervals. All 756 meetings of the board shall be publicly announced and will have a previously advertised 757 agenda. The meetings shall be open to the public. 758 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity 759 and participating fully in board discussions, but having no right to vote. {00441234.1 306-9001821) 26 Page 243 of 830 760 (b) Summary minutes will be prepared and made available to the public after 761 adoption by the board. 762 763 Sec. 27-74. Powers and Duties. 764 1. The board shall have the following powers and duties within the incorporated City limits of 765 Boynton Beach, Florida: 766 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the 767 City Commission and shall provide recommendations to the City Commission 768 regarding the following: 769 i. Nomination of properties and districts to the National Register of 770 Historic Places, as a required duty of being a certified local government. 771 ii. Nominations of properties and districts to the Boynton Beach Register 772 of Historic Places. 773 iii. Adoption, modification, or replacement of a Design Guidelines 774 Handbook. 775 (b) To hold public hearings and to approve or deny applications for certificates of 776 appropriateness or certificates of economic hardship affecting proposed or 777 designated properties or properties within districts; 778 (c) To advise and assist owners of properties on physical and financial aspects of 779 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion 780 in the National Register of Historic Places; 781 (d) To call upon available City staff members as well as other experts for assistance 782 and/or technical advice; 783 (e) To authorize a member of the board to testify before a board or committee on any 784 matter affecting historically, culturally, archaeologically, and architecturally 785 significant properties and resources; 786 (f) To confer recognition upon the owners of properties and districts by means of 787 certificates, plaques or markers; 788 (g) To recommend amendments or changes to these Regulations; {00441234.1 306-9001821) 27 Page 244 of 830 789 (h) To inform and educate the citizens of the City concerning the historic, cultural, 790 archaeological, and architectural heritage of the City; and 791 (i) To participate in survey and planning activities of the Certified Local Government; 792 (j) To coordinate with the State of Florida's Division of Historical Resources Certified 793 Local Government program by satisfying the following requirements: 794 i. The State Historic Preservation Officer shall be given thirty (30) 795 calendar days prior notice of all meetings and within thirty (30) days 796 following such meetings shall be provided with the minutes and record 797 of attendance of the Historic Resources Preservation Board and the 798 public. 799 ii. The State Historic Preservation Officer shall be notified of any change 800 of Historic Resources Preservation Board members within thirty (30) 801 days of their appointment. 802 iii. Notify the State Historic Preservation Officer immediately of all new 803 historic designations or alterations to existing designations. 804 iv. Submit amendments to the ordinance to the State Historic Preservation 805 Officer for review and comment at least thirty (30) days prior to 806 adoption. 807 V. Submit an annual report by March 1 covering activities of the previous 808 October 1 through September 30 and shall include the following 809 information: 810 A. A copy of the Rules of Procedure; 811 B. A copy of the Historic Preservation Ordinance; 812 C. Resumes of the Historic Resources Preservation Board members; 813 D. Changes to the Historic Resources Preservation Board 814 membership; 815 E. New local designations and National Register listings; 816 F. A review of survey and inventory activity with a description of the 817 system used; 818 G. A program report on each grant -assisted activity; and {00441234.1 306-9001821) 28 Page 245 of 830 819 H. Number of projects reviewed. 820 (k) To undertake any other actions or activity necessary or appropriate to the 821 implementation of its powers and duties or to implementation of the purpose of 822 these Regulations. 823 824 Sec. 27-75 — 27-79. Reserved. 825 826 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS 827 828 Sec. 27-80. Powers and duties. 829 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building 830 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the 831 Building Board of Adjustments and Appeals shall have the power, as further defined in Section 832 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to 833 hear appeals of decisions and interpretations of the building official and consider variances of 834 the Florida Building Code and other technical codes. See Boynton Beach Administrative 835 Amendments to the Florida Building Code 6th Edition (2017). 836 837 Sec. 27-81. Secretary of board. 838 The building official or his/her authorized representative shall act as secretary of the board 839 and shall make a record of all of its proceedings, which shall set forth the reasons for its 840 decision, the vote of each member, the absence of a member, and any failure of a member to 841 vote. 842 843 Sec. 27-82. Membership. 844 Board members shall be composed of individuals with knowledge and experience in the 845 technical codes to include, to the greatest extent possible, an architect, engineer, general 846 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 847 contractor licensed category. In addition to the regular members, there should be two alternate 848 members, one member with the qualifications referenced above and one member at large from 849 the public. {00441234.1 306-9001821) 29 Page 246 of 830 850 851 Sec. 27-83. Appeals. 852 1. Decision of the building official. The owner of a building, structure or service system, or 853 duly authorized agent, may appeal a decision of the building official to the Building Board of 854 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 855 (a) The building official rejected or refused to approve the mode or manner of 856 construction proposed to be followed or materials to be used in the installation or 857 alteration of a building, structure or service system. 858 (b) The provisions of this code do not apply to this specific case. 859 (c) That an equally good or more desirable form of installation can be employed in any 860 specific case, which the building official has rejected or refused. 861 (d) The true intent and meaning of this code or any of the regulations hereunder have 862 been misconstrued or incorrectly interpreted. 863 864 Sec. 27-84. Variances. 865 1. The Building Board of Adjustments and Appeals, when upon written request, has been so 866 appealed to and after a hearing, may vary the application of any provision of this code to any 867 particular case when, in its opinion, the enforcement thereof would do manifest injustice and 868 would be contrary to the spirit and purpose of this or the technical codes or public interest, and 869 also finds all of the following: 870 (a) That special conditions and circumstances exist which are peculiar to the 871 building, structure or service system involved and which are not applicable to 872 others. 873 (b) That the special conditions and circumstances do not result from the action or 874 inaction of the applicant. 875 (c) That granting the variance requested will not confer on the applicant any special 876 privilege that is denied by this code to other buildings, structures or service 877 system. 878 (d) That the variance granted is the minimum variance that will make possible the 879 reasonable use of the building, structure or service system. {00441234.1 306-9001821) 30 Page 247 of 830 880 (e) That the grant of the variance will be in harmony with the general intent and 881 purpose of this code and will not be detrimental to the public health, safety and 882 general welfare. 883 884 Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a 885 reasonable time limit within which the action for which the variance is required shall be 886 commenced or completed or both. In addition, the board may prescribe appropriate conditions 887 and safeguards in conformity with this code. Violation of the conditions of a variance shall be 888 deemed a violation of this code. 889 890 Sec. 27-86. Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar 891 days after the building official renders the decision. Appeals shall be in a form acceptable to 892 the building official. 893 894 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, 895 structure or service system, which in the opinion of the building official, is unsafe, unsanitary 896 or dangerous, the building official may, in the order, limit the time for such appeals to a shorter 897 period. 898 899 Sec. 27-88. Procedures. 900 1. Rules and regulations. The board shall establish rules and regulations for its own procedure 901 not inconsistent with the provisions of this code. The board shall meet on call of the chairman, 902 subsequent to a request to call a meeting by the secretary. The board shall meet within 30 903 calendar days after notice of appeal has been received. 904 (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due 905 process should be observed and govern the proceedings. Upon determination by the 906 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but 907 all other evidence of a type commonly relied upon by reasonable, prudent persons in 908 the conduct of their affairs shall be admissible, whether or not such evidence would be 909 admissible in a trial in the courts of Florida. Any part of the evidence may be received {00441234.1 306-9001821) 31 Page 248 of 830 910 in written form. The board may request certain evidence from the petitioner to be 911 provided by an architect or engineer registered in the State of Florida, in which case, 912 said evidence shall be signed, sealed, and dated. 913 (b) Testimony. Any member of the board or the attorney representing the board may 914 inquire of, or question, any witness before the board. Any member of the board, the 915 petitioner or his/her attorney, and/or the building official shall be permitted to inquire 916 of any witness before the board. The board may consider testimony presented by the 917 building official, the petitioner, or any other witness. 918 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a 919 decision without unreasonable or unnecessary delay. Each decision of the board shall also 920 include the reasons for the decision. If a decision of the board reverses or modifies a refusal, 921 order, or disallowance of the building official or varies the application of any provision of this 922 code, the building official shall immediately take action in accordance with such decision. 923 Every decision shall be promptly filed in writing in the office of the building official and shall 924 be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise 925 to the appellant and a copy shall be kept publicly posted in the office of the building official 926 for two weeks after filing. Every decision of the board shall be final; subject however to such 927 remedy as any aggrieved party might have at law or in equity. 928 3. Local Construction Regulation Board The local government may also utilize this Board to 929 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 930 459.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor 931 to obtain a building permit or permit with specific conditions, if the LCRB has found such 932 contractor, through public hearing, to be guilty of fraud or a willful building code violation 933 within the county or municipality that the LCRB represents. The LCRB may also, deny, 934 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 935 permit with specific conditions, if it has proof through the public hearing process, that a 936 contractor has been found guilty in another county or municipality within the past 12 months, 937 of fraud or a willful building code violation and after providing notice of an opportunity to be 938 heard to the contractor, finds that such fraud or violation would have been fraud or a violation 939 if committed in the county or municipality that the LCRB represents. Notification of and {00441234.1 306-9001821) 32 Page 249 of 830 940 information concerning such permit denial shall be submitted to the division within 15 days 941 after the LCRB decides to deny the permit. 942 943 Sec. 27-99. City Commission. 944 1. Local Planning Agency. The City Commission is hereby designated as the city's local 945 planning agency to act on behalf of the city under the terms and provisions of the local 946 government Comprehensive Planning Act, having the general responsibility for overseeing a 947 comprehensive planning program and the preparation and amendment of the Comprehensive 948 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as 949 provided in said Act. 950 2. Finalio� and Review. All decisions of the Planning and Development Board shall be 951 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a 952 Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm 953 Beach County, Florida, and in accordance with the procedure and within the time provided by 954 court rule and such time shall commence to run from the date of the decision sought to be 955 reviewed. 956 957 27-100 — 27-104. Reserved. 958 959 ARTICLE X. APPEALS 960 Sec. 105. Administrative Official. 961 1. Eligibilio. Appeals of a decision of an administrative official may be taken by any person 962 aggrieved, or by any officer, board, or bureau of the governing body affected by any decision 963 of an administrative official under any ordinance enacted pursuant to the Land Development 964 Regulations. 965 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official, 966 shall be filed within fifteen (15) calendar days after rendition of the order, requirement, 967 decision, or determination made by the administrative official. For appeals of a decision made 968 by the Building Official, the notice of appeal shall be in writing and filed within thirty (30) 969 calendar days after such decision is rendered. When necessary, a current certified survey and {00441234.1 306-9001821) 33 Page 250 of 830 970 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or 971 other material constituting the record upon which the action was taken shall be collected by 972 the administrative official and, together with the completed appeal, forwarded to the 973 appropriate appeal board for placement on the board's next available agenda. 974 3. Stay of Work Upon posting of acceptable surety (see Chapter 2, Article III, Section 6) by 975 the appellant in an amount equal to one hundred ten percent (110%) of the potential costs of 976 delays and damages as certified by a design professional, all work on the premises and all 977 proceedings in furtherance of the action appealed will be stayed, unless the administrative 978 official from whom the appeal was taken, certifies that by reason of facts stated in the 979 certificate, a stay would cause imminent peril of life or property. In such case, proceedings or 980 work shall not be stayed except by a restraining order which may be granted by the board or 981 by a court of record on application, on notice to the officer from whom the appeal is taken and 982 on due cause shown. 983 4. Assignment of Appeals. The City Commission or the Building Board of Adjustments and 984 Appeals shall review all appeals. The assignment of each is as follows: 985 (a) Cit) Commission. The City Commission shall hear and decide all appeals regarding 986 the administration, interpretation, or enforcement of any standard, provision, or 987 regulation contained in the land development regulations, except for that which is 988 identified below. 989 (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or 990 service system, or duly authorized agent may appeal a decision of the Building Official 991 or the Floodplain Administrator, as applicable, in his/her enforcement or administration 992 of Chapter 4, Article IX, Building, Construction and Historic Preservation 993 Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any 994 one (1) of the following conditions are claimed to exist: 995 i. The Building Official or the Floodplain Administrator, as applicable, rejected 996 or refused to approve the mode or manner of construction proposed to be 997 followed or materials to be used in the installation or alteration of a building, 998 structure, or service system; {00441234.1 306-9001821) 34 Page 251 of 830 999 ii. The provisions of the city's current edition of the Administrative Amendments 1000 to the Florida Building Code do not apply to this specific case; 1001 iii. That an equally good or more desirable form of installation can be employed in 1002 a specific case; or 1003 iv. The true intent and meaning of the city's current edition of the Administrative 1004 Amendments to the Florida Building Code have been misconstrued or 1005 incorrectly interpreted. 1006 V. An application made by the owner or tenant of a property which operates as a 1007 group home is denied. The Building Board of Adjustments and Appeals shall 1008 convene within thirty (30) calendar days of the date that a written appeal is filed 1009 with the City. If the Building Board of Adjustments and Appeals is unable to 1010 convene within 30 days, the appeal may be heard by the City's Magistrate and 1011 the matter will be added to the agenda of the next available Code Enforcement 1012 Hearing date. 1013 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals 1014 shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as 1015 due notice to the parties in interest. Upon the hearing, any party may appear in person, by 1016 agent or by attorney. 1017 6. Review of Administrative Orders. In exercising its powers, the City Commission or the 1018 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may 1019 modify the order, requirement, decision, or determination made by an administrative official 1020 and may make any necessary order, requirement, decision, or determination, and to that end, 1021 shall have all the powers of the officer from whose action is being appealed. The concurring 1022 vote of a majority of the members present shall be necessary to reverse any order, requirement, 1023 decision, or determination of any administrative official or to decide in favor of the applicant 1024 on any matter upon which the board or commission is required to pass. 1025 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, 1026 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold 1027 harmless the city, its officers, employees, servants or agents and to defend said persons from 1028 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out {00441234.1 306-9001821) 35 Page 252 of 830 1029 of or relating to the appeals from decisions of an administrative official whether the appellant 1030 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 1031 expenses incurred by the city, its officers, employees, servants or agents in connection with 1032 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of 1033 any of the city's immunities provided for in F.S. § 768.28. 1034 1035 Sec. 106. Building Board of Adjustments and Appeals. 1036 1. Ehgibilio) . Appeals of decisions by the Building Board of Adjustments and Appeals may 1037 be taken by any aggrieved party affected by a board decision. 1038 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1039 within thirty (30) calendar days after rendition of a board decision. 1040 (Ord. 10-025, passed 12-7-10) 1041 1042 Sec. 107. City Commission. 1043 1. Ehgibilio) . Appeals of decisions by the City Commission may be taken by any aggrieved 1044 party affected by a City Commission decision. 1045 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1046 within thirty (30) calendar days after rendition of the City Commission decision. 1047 1048 Sec. 108. Withdrawal or Denial of Appeal. 1049 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in 1050 part, a period of one (1) year must elapse prior to the filing of a subsequent application 1051 affecting the same property or any portion thereof. 1052 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in 1053 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent 1054 application affecting the same property or any portion thereof, unless, however, the decision 1055 of the applicable Advisory board is without prejudice; and provided that the period of 1056 limitation shall be increased to a two (2) -year waiting period in the event such an application, 1057 in whole or in part, has been twice or more denied or withdrawn. {00441234.1 306-9001821) 36 Page 253 of 830 1058 3. Refiling After Withdrawal without Prejudice. An application maybe withdrawn without 1059 prejudice by the applicant as a matter of right; provided the request for withdrawal is in 1060 writing and executed in a manner and on a form prescribed by the Building Board of 1061 Adjustments and Appeals and filed with the board at least one (1) week prior to any hearing 1062 scheduled concerning the application; otherwise, all such requests for withdrawal shall be 1063 with prejudice. When an application is withdrawn without prejudice, the time limitations for 1064 re-application provided herein shall not apply. No application may be withdrawn after final 1065 action has been taken. 1066 1067 {00441234.1 306-9001821) 37 Page 254 of 830 5.C. Administrative 4/20/2021 Requested Action by Commission: In accordance with Ordinance 20-016 Sec. 27-2 Selection of Chair and Vice Chair, the chairperson and vice -chairperson for each board shall be selected by majority vote of the City Commission. 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. Explanation of Request: The attachment is a listing of all active advisory board members. All are eligible to be appointed Chair or Vice Chair. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? 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Consent Agenda 4/20/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on March 16, 2021. Explanation of Request: The City Commission met on March 16, 2021 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non -budgeted N/A Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description 3..16..21 IEs'E) 11':g 11['1LAtE)S Page 259 of 830 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 16, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Ty Penserga Commissioner Justin Katz Commissioner Woodrow L. Hay Commissioner Christina L. Romelus 1. Openings Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. Yury Konnikov, ITS Support Manager, explained how the online meeting would proceed and how the public could participate. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present. Invocation by Pastor Durgan of Unity Delray Beach Pastor Durgan was not in attendance. Reverend Rae Whitely gave the invocation in Pastor Durgan's absence. Pledge of Allegiance to the Flag led by Vice Mayor Penserga. Vice Mayor Penserga let the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add a discussion under New Business regarding the future land use of the Knuth property. Mayor Grant also requested to add as a discussion under New Business, the American Rescue Plan to decide on having a special budget workshop specifically for the American Rescue Plan on the fifth Tuesday of this month. Commissioner Katz stated that he does not agree with having discussion on the American Rescue Plan because staff has not received enough information to make any kind of decisions in the next three weeks. Also, not to ask people what they want to do before Page 260 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 the City knows what is recommended and economically beneficial to the community. Commissioner Romelus stated that she agreed with Commissioner Katz. The City is going to get the money anyway and there is no need to rush the process of allocating the funds. Commissioner Romelus suggested a workshop before the April 20th Commission meeting. This will give staff time receive clear directions from the Federal Government. Mayor Grant clarified that he was asking to host a virtual workshop with the public to hear what they need, not to decide on what to do with the money. It could take time to hear from the public regarding their needs. Commissioner Hay agreed with Commissioner Romelus and Commissioner Katz. There is no need to rush this, because the City is going to get the money. Staff needs time to put this together and bring correct information to the Commission. Mayor Grant rescinded his request to add as a discussion under New Business, the American Rescue Plan. Vice Mayor Penserga inquired if staff knows when this information will be provided. Lori LaVerriere, City Manager commented that an internal workgroup has been created to read and review the numerous documents that the City is receiving on a daily basis about the American Rescue Plan. Also, the City received notification of an earmark program that will open up tremendous opportunities for the City to apply for a variety of projects. This is going to take time to allow the City to dig into the information that is being provided. The City will be attending at least three seminars and workshops on what the City can do with the money. Ms. LaVerriere suggested that staff report back to the Commission at the first meeting in April. Staff will have a better idea of the restrictions the City will be working under when the money is received and has until 2024 to spend the money. Therefore, there is time to think about what to do with the money and be thoughtful about it. 2. Adoption Motion Vice Mayor Penserga moved to approve as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Commissioner Hay commented that he enjoyed the Kinetic Art Exhibit that took place on Page 261 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 March 6th and 7th. On Saturday, March 13th, Commissioner Hay hosted a Next Level Entrepreneur Workshop at City Hall. Vice Mayor Penserga disclosed that he spoke with Joy and Sherry, the owners of the Knuth property. Mayor Grant disclosed that on March 3rd, he attended the Suits for Seniors Golf and Give charity event. On March 4th, he attended the Mayor's Meeting with Congresswoman Lois Frankel. On March 8th 9th and 10th, he attended the National League of Cities conference and spoke with Senator Scott, representative DeCosta Hastings as well as Congresswoman Lois Frankel. On March 10th, he met with the CDCs Further Outreach and presented to them a proclamation proclaiming March 10th as National Women & Girls HIV Awareness Day. On March 11th, he worked with the Chevy DTV foundation and their Screens for Success Campaign. At the event, five desktops and laptops were distributed to the community to help bridge the gap of the Digital Divide. On March 13th, he attended the Soup Kitchen's Free Pet Vaccine Event with Justin Bartlet. On March 16th, he spoke with Joy and Sherry the property owners of the Knuth property. 3. Announcements, Community and Special Events and Presentations A. Presentation from South Florida Water Management District on Year - Round Irrigation Ordinance. Robert Wanvestraut, South Florida Water Management District, gave a presentation on Year -Round Irrigation. Vice Mayor Penserga inquired how this information will be distributed to the community and when ode Enforcement would become involved. He asked how will this be executed. Andrew Mack, Interim Assistant City Manager, responded that this program will be rolled out the same way the mandatory service charge program was done. There will be a series of warnings over a month, two months, 90 -day period, or whatever timeframe makes the most sense. Mayor Grant inquired about how many of the municipalities with the sixteen counties have the year-round irrigation ordinance in place. Mr. Wanvestraut responded that at this time, there are forty-one municipalities that have adopted an ordinance. Currently there are twenty-six municipalities working on an ordinance for year-round irrigation. Mayor Grant stated that he has a paper from the South Florida Water Management District titled Just the Facts and it does allow for a three-day a week watering option. Mr. Wanvestraut commented that the three-day a week watering option was put into place Page 262 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 because there was concern back in 2010 that some utilities were not going to be able to handle limiting the irrigation to only those days. Mayor Grant stated that he would like to start with a three-day a week watering option and slowly ease the community into the two-day a week watering regulation. Mr. Wanvestraut agreed with the Mayor with easing into this new regulation. Education will benefit reaching the goal of a two-day a week watering regulation. B. Proclamation recognizing April 2021 as Water Conservation Month for the City of Boynton Beach. Mayor Grant proclaimed the month of April as Water Conservation Month. Laura Corry, South Florida Water Management District, accepted the proclamation. The City has been a wonderful partner with the District for many years. The City has done a wonderful job promoting water conservation. C. Proclamation recognizing March 21, 2021, as World Down Syndrome Day in Boynton Beach. Anne Dichele, Executive Director for the Gold Coast Down Syndrome Organization in Boynton Beach, will accept the proclamation. Mayor Grant proclaimed the March 21, 2021, as World Down Syndrome Day in Boynton Beach. Anne Dichele, Executive Director for the Gold Coast Down Syndrome Organization, accepted the proclamation. Ms. Dichele thanked the City for the support of Gold Coast's efforts to build a more inclusive world. Mayor Grant commented on what great talent Zack Gottsagen has and the outstanding acting he did in the Peanut Butter Falcon movie. Ms. Dichele responded that Zack has been a member of Gold Coast organization since he was a kid and Gold Coast is so proud of him and helping develop his talent to be included in the school district. It was a big deal for him to attend Dreyfoos School of the Arts. Zack is just an example of what people can do with Down Syndrome. D. Proclamation recognizing March 2021 as Women's History Month. Commissioner Romelus proclaimed the month of March 2021 as Women's History Month. E. Announcement of Best Buddies Friendship Walk on April 24, 2021, Citizens Adult Friendship Program, and High School to Jobs Transition Program. Maicie Ramirez, Community Engagement Manager, will make this announcement on behalf of the Palm Beach Chapter of Best Buddies Page 263 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 International. Maicie Ramirez, Community Engagement Manager of Best Buddies, announced the Best Buddies Friendship Walk on April 24, 2021. Registration can be done at bestbudd i sf riendsh ipwalk. orq/palmbeach. For more information on the programs offered through Best Buddies you can contact Ms. Ramirez at ici i z s i s. M. 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 comingbefore the City Commission) Darryl Sanders, 2001 NW 2nd Street, founder of the Chevy DTV Foundation, commented that the Screens for Success Program started in Boynton Beach. Screens for Success Program Increasing Digital Equity in Awareness (IDEA) gave away three laptops and two desktops to families. Mr. Sanders provided technical assistance to the recipients to get the computers up and running. Mr. Sanders inquired about the City helping Chevy DTV market this program. Mr. Sanders would like for the community to know about these computers and get everyone connected to the internet. Mr. Sanders also requested $250 of Community Support Funds be given to Chevy DTV by Commissioner Hay. Chevy DTV donated a virtual headset to the Library. Go to www.chevvdtvfoundationinc.org/screensforsuccess to donate or register for a used laptop or computer. Commissioner Hay commented that he will donate $300 from his Community Support Funds. Mr. Sanders thanked the marketing team for their help with organizing the Juneteenth Festival. Commissioner Romelus commented that she will donate $200 from her Community Support Funds. Sheila Gains, commented that there was a total of 205 participants for the Next Level Entrepreneur Workshop. She gave special thanks to the amazing team that made this event such a success. Joy Anderson, stated that she missed the last Commission meeting, yet attended the Planning and Development meeting the prior week where they discussed the rezoning for the Knuth Road property. The owners of the property are in support of the staff - initiated rezoning from a Local Retail Commercial to Mixed Use Low. The proposed use made by staff would be better for the community. Ms. Anderson requested that this issue be brought back to the Commission at the next meeting on April 6t" to be approved. Page 264 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Commissioner Hay suggested tabling the item until the next meeting. Mayor Grant inquired about the term expirations listed in the agenda item. Deputy City Clerk Stanzione responded that people appointed to the boards today would finish this existing term and then start the two-year term on April first. Jim Cherof, City Attorney explained that you have a group of people whose term ends in 2022. There is some confusion with terms, the appointments and the reappointments. Mr. Cherof agreed with Commissioner Hay's suggestion to table the item to the next meeting. Motion Commissioner Hay moved to table item until the next meeting. Vice Mayor Penserga seconded the motion. Motion passed 4 to 1, (Mayor Grant dissenting.) Motion Vice Mayor Penserga move to amend the agenda to allow Commissioner Hay to allocate $300 of his Community Support Funds to Chevy DTV Foundation and Commissioner Romelus to allocate $200 of her Community Support Funds to Chevy DTV. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Vice Mayor Penserga moved to approve Commissioner Hay's request to allocate three $300 from his Community Support Funds to Chevy DTV. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to approve Commissioner Romelus' request to allocate $200 from her Community Support Funds to Chevy DTV. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Mayor Grant opened the floor to Tory Orr for public comment. Tory Orr, Ocean Breeze West, inquired about the $14.9 million that the City will be receiving from the American Rescue Plan. He would like for some of that money to go to Page 265 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Boynton Strong, an outreach program committed to help with the growth and development of the City's youth. Mayor Grant, commented that the Commission will be discussing the American Rescue Plan at the next City Commission meeting. Mayor Grant asked Mr. Orr what he intends to do with the funds. Mr. Orr responded that the funds would be used to educate the youth that there is more to a career than just sports. Commissioner Romelus suggested that Mr. Orr send his proposal and request in writing to the Commission. Commissioner Hay gave Mr. Orr his contact information and looks forward to working together. 6. Consent Agenda 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. Approve minutes from the City Commission meeting on February 16, 2021. B. Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2021, unaudited. C. Accept the written report to the Commission for purchases over $10,000 for the month of February 2021. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 16, 2021 - "Request for Extensions and/or Piggybacks." Motion Vice Mayor Penserga moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over$100,000 III Page 266 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 A. Proposed Resolution No. R21-028 -Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Park Sites, Bid No. -031-2730- 20/RW performed by Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $25,000 annually for the duration of the contract. B. Proposed Resolution No. R21-029 -Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Facility Sites, Bid No. -032-2730- 20/RW performed by Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $25,000 annually for the duration of the contract. Vice Mayor Penserga pulled items 7A and 7B. Vice Mayor Penserga inquired about the two contracts and the request of $25K for additional services over the next three years totaling $75K. Andrew Mack, Interim Assistant City Manager, responded that this request was part of the original approval in December. There was an oversight by staff and the City needs to increase it to $25K to cover the as needed cost every year. A tree dying or an irrigation break is not part of normal routine maintenance. The additional funds are only used if needed. Motion Vice Mayor Penserga moved to approve Resolution R21-028. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Penserga moved to approve Resolution R21-029. Commissioner Hay seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R21-030 -Award Bid No. 003-2821-21/RW for Diesel/Propane Generator and By -Pass Pump Maintenance and Repair Service in an amount not to exceed $150,000 annually for the Utilities and Facilities Departments and authorize the City Manager to sign an agreement with Advance Generator Sales & Service, Inc. of Royal Palm Beach FL, asthe lowest responsive, responsible bidder. Motion Vice Mayor Penserga moved to approve Resolution R21-030. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing Page 267 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 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. Attorney Cherof administered an oath to all those wishing to speak on the following items. A. Proposed Ordinance No. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article II, Definitions, and Article V, Housing Initiatives, Section 2, Workforce Housing Program. Attorney Cherof read Proposed Ordinance No. 21-021 by title only on First Reading Amanda Radigan, Principal Planner, gave a presentation on the Workforce Housing Program. Mayor Grant inquired how this Program incentivizes the developers to build in the City. Is the City giving the developers money or is the City allowing more to be built, but it will cost the developers more than the cost of the building? Ms. Radigan responded that the fees have been lowered. If the developers go that route, the pay in -lieu of program would be the one most utilized of the three options. When building workforce housing with income restrictions, it is not just about the building. There are additional administration fees, financing issues and depreciation that happens. Therefore, a market rate developer would use the pay in lieu of option. Mayor Grant inquired if the Housing Authority is able to access funds that the City is not able to receive unless through the Community Development Block Grant (CDBG)? Ms. Radigan responded that she did not know if the Housing Authority has access to different funds. The City receives funds through the State Housing Initiatives Partnership (S.H.I.P) and from Housing and Urban Development (H.U.D.) The City has several programs such as single-family home rehab and down payment assistance for home owners. Mayor Grant inquired if order to get a 25% density bonus, the developers need to have 25% of the units dedicated for 30 years. Therefore, if the building has 100 units, 25 of the units need to be affordable. Ms. Radigan responded that units would be restricted to income levels. The affordable housing program would be used for projects that have tax credits or they are affordable housing developers. This program is not friendly towards a market rate developer looking for a density bonus. Page 268 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant inquired about developers building half units. Ms. Radigan responded that the City does have an ordinance on half units, it is only applicable to Transit Oriented Districts (T.O.D.). A market rate developer or pay in lieu of the finances work better than either of the building programs. Mayor Grant commented that the City is not offering financial incentives for workforce affordable housing. Ms. Radigan responded that workforce affordable housing was not in the Ordinance. The programs in this Ordinance are pay in lieu of or building/construction. There is no subsidy involved within those programs. It is a bonus. Mayor Grant stated that this just does not make any sense to him. The City took away the mandatory workforce housing requirement based in 2007. These bonuses seem like they are going to cost more to implement. The financial reason that we are offering the developers an ability to build more if they receive less money did not make sense. The developer needs to be profitable. A developer is not going to lose money to build more. One of the things the Commission wanted to vote on is the payment in lieu of. The dollar amounts on the slide need to be halved approximately $41,500 for sale units or $18,300 for rental units. The cost of adding $82,000 for a mixed-use development per unit does not make sense. If a developer takes this offer, the City will get money to spend then they can adjust later. He did not believe that a developer will use the City's current program. He asked Ms. Radigan if she had information that there are developers waiting for this program to go through so that they can develop. Ms. Radigan responded that she has not spoken to a developer that has not asked how they can get more density. That is very valuable especially in the pay in lieu of program versus the building program. This does not have the same administrative long-term cost to it. It is a one-time fee that happens during construction. Regarding altering the fee, this fee is still drastically less than the county's fee and their program is mandatory, and the fee is a result of a comprehensive study that was done approximately ten years ago. There is a methodology that creates these fees based on a housing gap in funding. This does not mean that the City Commission can not alter the fee. Staff has not looked at an updated study yet, but that is why staff is reluctant to propose or recommend any changes to that fee. Instead of changing the fee, staff recommends lowering the percent of total units. Instead of the current program, 20% or 25% of total units, they lowered it to 10% and 15%. Therefore, the City is reducing the cost to participate. Mayor Grant commented what he found interesting was the study was done ten years ago. He believes that developers did not need to meet hurricane safety codes in their cost in new construction ten years ago. He supported reducing the fee by half. If a developer uses the fee, the City can adjust later. 10 Page 269 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Vice Mayor Penserga agreed with the Mayor. Vice Mayor Penserga had the same concerns about this program being optional and it seems that developers can easily ignore this if they wanted to. He asked how the fees were determined. He theorized I'm a developer and I want that 25% density bonus. Then I decide I do not want to build these units in my project and I will pay the fee. Will this amount actually lead to an offsetting of the discrepancy, the disparity of affordable units. Could we go ahead and build an affordable unit? Does that equate one-to-one? How do these numbers make sense? Mayor Grant stated that this current program is not equitable. He asked the Commission if the City should do it more on an equitable basis. For example, if the developer wants a 10% density bonus it will be this amount, if the developer wants 20% or 30% density bonus it will be this amount for 20% and this amount for 30%. The City has the ability to go that high and base it upon that sort of ability so that it is not just 25% or else. It is 10%, 20% or 30%. Vice Mayor Penserga inquired what kind of projects the Ordinance would apply to? Ms. Radigan responded that there is a methodology used to figure out these numbers. The methodology considers the cost of construction per unit, income of the area, the gap between the income and attainable housing rate and what is affordable and what the market rate is. If the Commission would like a more detailed explanation, she could provide them with one. The developers she spoke to have not complained about the fee. They have complained about dedication of units. They have complained about administrative costs, certifying income and the value of their project if they want to sell it with a dedicated deed. All of those complications around construction and the voluntary nature of this Ordinance leads to it not being used. Making the in lieu of program more appealing by lowering the amount and lowering the percent of the units they are paying for makes this a competitive program for the developers to participate in. Just about every developer had asked about this program. The developers are excited about this program and the half units. Vice Mayor Penserga inquired that the big picture is to create affordable and/or workforce housing because of the problems that were presented in Ms. Radigan's presentation. He asked if the City collecting these dollar values per sale or rental unit would solve the problem and create affordable and/or workforce housing? Ms. Radigan responded that this is a large problem that will take years to correct and additional policies to not only create mixed use affordable income but mixed income buildings and naturally occurring affordable housing. These are long-term goals. The pay in lieu of is the realist option to use to start making things better. With all of the programs available I have found three or four to be the most effective and all of them are usually run by the city, state, or federal governments. Instead of leaning on market rate developers, who it is not the business of creating affordable housing, this is creating funds for us, too. We will not be building one for one definitely. But those funds are not only for Page 270 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 the single unit housing. Those funds go to a slew of housing related issues: single-family and multi -family rehab as well as construction of single-family homes. Vice Mayor Penserga stated that his concern is that this is not one-to-one. One-to-one would suggest that the City is at least keeping up. So, this does not keep up with the disparity. If the Commission moves forward with this it is a step in the right direction. Commissioner Romelus inquired about how many market rate units have been built in the City in the past five years. Ms. Radigan believed that there have several hundred with current construction out west and several hundred more on the east side not constructed yet. Commissioner Romelus remarked there are hundreds in terms of market rate units. How many attainable and/or affordable have been approved by the City in the last five years? Ms. Radigan responded that the City had several projects. Most of the projects in the downtown area have been approved with extra density using the pay in lieu of program. They have not been constructed. Fees have not been collected yet. Commissioner Romelus noted that Ms. Radigan did not answer her question. She asked staff to follow up on her question, she would like to have accurate numbers. Looking at these fees, what is important is to note the Mayor's comment of lowering these fees. The $82,000 is for a for sale unit. She has not seen very many developers building for sale units in the City in a long time, nor did she see this happening in the future. It seems that the more financial savvy business is to do for rent units. Looking at the fee of the for rent units, she believed they are significantly undervalued at $36,000. She did not think the program would help incentivize developers to build attainable or affordable housing units within the downtown. This is why most of the developers have been more than willing to use the pay in lieu of fee. The ideal scenario would be that the developers would build their projects with these units within the developments. If that is the case the City is saying you do not have to build units within your development because it decreases the developers profit. Then the for rent fee should be higher. If the City is going to do anything it should be to raise the fees. She did not think it is enough of a benefit to the City and the residents. The City is responsible for how the tax dollars are used. Developers receive TIF incentives and density bonuses. The City is bending over backwards to allow developers to do what they need to do to make their profit and she thought asking for a measly $36,000 per unit was a shame. Commissioner Hay requested Ms. Radigan give an explanation on the differences between attainable, affordable and workforce housing. Ms. Radigan explained that attainable housing has to do with the percent of income that is attainable for anyone to spend on housing. For housing to be attainable, it should be within 30% of your income. The word attainable is applied to all income levels, not any 12 Page 271 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 specific one. Affordable and workforce are based on income levels. The income level is divided into four different categories: very low, low, moderate and middle. Based on the median of Boynton Beach very low income is $16K to $32K. Low income is $32K to $42K. Moderate income is $42K to $64K. Middle income is $64K to $74K. Commissioner Katz commented that Ms. Radigan made an important point that the onetime buyout fee per unit is just a one-time fee. If a developer builds restricted income housing that can reduce revenue and profits for a developer for ten to twenty years or however long it is restricted, even if the cost seems high, if it is a one-time kind of buyout. Even if it saves a little bit of on the construction of the unit, it saves a good amount of money on the life of the unit in terms of future revenue and the ability to charge market rate. There is a limit to how far the government can massage the free market. The City is trying to get the free market to do something that they naturally would never do which is restrict the profitability of their product. There would be a desire to get a one-to-one trade- off. That is not an attainable free market solution, even with government intervention. If the developer is going to give the government the exact cost to make something, the developer might as well just make it themselves as opposed to buying out of it. I am in favor of moving forward with this now to see how it goes. The issue is there is a lot of ideas about how to address the housing crisis or shortage, however you want to word it in terms of affordability. If this was a mandatory program in West Palm, the developer has to build a certain percentage of affordable and workforce housing. If the developer does not, the fee has to be paid. Ms. Radigan replied Palm Beach County has the mandatory program. Commissioner Katz inquired about Palm Beach County having an ordinance that mandates a certain percentage of units built must be affordable and workforce housing. Ms. Radigan stated that the developer has to participate in their workforce program, but the developer does not need to build it within the project or within the unincorporated county limits. Commissioner Katz asked is the City is prohibited by state law to mandate that if the developer builds fifty or more units, the developer must build a certain percentage or pay the buyout. Ms. Radigan responded that the City is not prohibited from mandating this program. Commissioner Katz commented that the concerns that were raised by fellow Commissioners were if the buyout is so low that the developer will just buy out and contribute a fraction of the cost of the unit. If Palm Beach County is doing this, the City should draft a mandatory component if the goal is to get as much workforce and affordable housing as possible. This is one of those things if you do not make it mandatory, the developers are going to buy out and the more you lower the buy out the less the developers are going to build. 13 Page 272 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Commissioner Romelus indicated that she has always been of the opinion that she would like for this to be a mandatory program. When the City initially set this program up, the City wanted to be more cooperative and work with the developers. The City is in a different position at this point in time. Interest in Boynton has grown and developers are looking to build projects and units here. The City is in a better position to make more demands in the form of affordable units. If it is the will of the Commission and there is a majority, she would entertain having a conversation around making these changes more mandatory rather than an optional. Commissioner Katz agreed with Commissioner Romelus regarding the mandatory nature. The rising property values in Boynton Beach, developers return in investment and the interest in the community shows that there is more profit to be had therefor there can be more of a contribution required to achieve this initiative on behalf of the City. Developers do not like anything that takes a penny out of their profit and he did not believe developers could not get financing if they had to build 20 affordable units out of 200 The City has seen substantial development on the west side in particular and he supports the mandatory requirement. The community is profitable enough and the land is profitable enough to build as evidenced by all of the projects that should be coming out of the ground. He thought there is a lot of greed on behalf of some of the developers, particularly on the east side, that are unwilling to shave their profits by a tiny bit to do something good for the community. He reiterated he fully supports a mandatory component as long as the percentage or the percentage of units that have to be incorporated makes economic sense. Vice Mayor Penserga inquired a developer takes the density bonus is there still a net profit for the developer. Ms. Radigan responded yes, it is based on the total units. If the developer is permitted 100 units using the density bonus, the developer is now permitted 125 units. Ten percent of the 125 units must be paid for. Vice Mayor Penserga indicated that he agreed with both Commissioner Romelus and Commissioner Katz. Staff needs to explore a mandatory component. There is a lack of affordable and workforce units. He also agreed that $36K for a rental unit for pay in lieu of is a shame. He questioned how the numbers are calculated and requested staff come back and present the Commission with alternative numbers and the effects of those numbers. Commissioner Romelus responded to Vice Mayor Penserga's question regarding the net profitability for a developer. If a developer, by right is allowed to build 100 units, they will build those 100 units regardless. But if the City has a program to allow them to build 25 additional units in addition to the 100 already allowed, but of those 25 units 12 of the additional 25 have to be affordable, it would not in her opinion, remove any profitability from the developer's pocket. If anything, it makes it more profitable for them because they 14 Page 273 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 are getting an additional 12 or 13 units that they wouldn't have gotten before. All the City is asking is to build 12 of these 25 units at an affordable rate for individuals who otherwise would not be able to afford the rents or the rates in the development. This is what our affordable housing or attainable housing program does currently. Ms. Radigan responded that in the pay in lieu of program, you were actually not providing any constructed affordable units. You are simply paying a fee for 12 or 13 of those units that would go in the City's housing fund. The developers get to use those units for market rate rentals or sales. The only change would be a permit cost of 13 times either 36K or 82K, depending on the product that they are building. Commissioner Romelus clarified that with this program they are getting 25 units at market rate, they just deduct the in lieu of rate off of the total amount they would have to pay. Ms. Radigan replied that the developer gets all 125 units at market rate. There is no deduction. It is a payment to the City in that amount. If you look at the pay in lieu of screen again, it says 10% of total units. The developer pays the City the thirteen times $36K. Commissioner Romelus commented the math shows the developer would pay the City approximately $500K for the pay in lieu of fees. Now instead of having 100 units as market rate units they would now develop 100 and 25 units at market rate. Ms. Radigan responded that Commissioner Romelus is correct. Commissioner Romelus commented there is nothing further to explain here. It is a great deal these developers have been receiving through this program. Although it was created to allow for more affordable housing to be built within the City, it is another loophole to allow for developers to get even more units at market rate pricing. She supported keeping this rate where it is and again and would further entertain possibly raising it. The City is not taking anything from net profit of any developer by asking for a little less, a little shy of $500K to contribute to affordable housing in the City when you are going to be creating market rate housing that will be here for decades and the developer will be making $500K hand over fist. She would approve this Ordinance revision as proposed tonight, but would give the directive and say in the motion if necessary, for staff to do the necessary work to bring back a mandatory revision to this policy they can look at, at a later time and approve it, if that is the will of the Commission. In order to keep this ball moving, keep this as is. She would like to not change the percentage, to decrease it. Now that she understands that, it did not make sense to her. She would keep the percentage as it is now. That would be the only change she would make to this proposed revision. Vice Mayor Penserga stated that this is the first reading of the Ordinance and he believes that it does not make sense to approve as is and that it would be better to wait for an updated version from staff, with the mandatory component that members of the Commission agree on and the different fee scenarios. 15 Page 274 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant was not happy with the way the Ordinance is proposed. It is a 25% all or nothing where we could do 10%, 20%, 30%, one-story, two-story, three-story units and make it more in line with the equitability, because the Commission is trying to have developers build here and build because this is voluntary. This is not necessarily required. From what the Commission is saying, they do not want to change the price. The developer wants a 10% density bonus, they are still stuck with the ability for the 25 units. The developer wanted more density bonus, we do not allow that, we would have to rezone a property to a higher density, because if I am mistaken, the zoning allows up to 150 units per acre. Ms. Radigan replied that the permissible units per acre is 100. Mixed use high or mixed core use zoning. The highest density in the zoning is actually 80. And this 25% increase will bring it to 100. Mayor Grant clarified to get to the mixed use high, they need to have the density bonus. Ms. Radigan stated that the zoning district allows for 80 units an acre. There is a gap between zoning or land use that allows for the bonuses. If participating in this program, the land use will allow up to 100 and not exceed that. Mayor Grant inquired that the maximum land use is 100 units per acre. There is no way for developer to get more than that. He asked if there is a developer in the mixed-use medium that needs to get more land use, they need to change it to mixed use high. Ms. Radigan replied the only way to get above your allowed density is to change your land use. Mayor Grant stated it is like mixed use high and we have that mixed use 4 district that is supposed to be the lower level than the mixed-use high. Ms. Radigan responded that there are two levels and mixed uses for land uses and each one has two zoning districts. Mixed use core allows 80 units an acre and mixed-use four allows 60 units an acre. Mayor Grant thought something was missing and asked what exactly the maximums that are currently here were as they were not included in the presentation. He asked about mixed uses and requested they have that table for the next reading for what is the mixed use suburban mixed use, mixed use 1, 2, 3, 4 and core and the land use associated with them. The Commission wants the densities that are allowed for developers. We are not getting developers more dense properties in the mixed-use medium land use. Vice Mayor Penserga suggested that Ms. Radigan provide sample calculations similar to what the Commissioner Romelus did. Ms. Radigan responded that she will include a couple examples of some of this math that 16 Page 275 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 might help. Commissioner Romelus inquired if the City seen any developers express interest in this? She opined developers would always probably just want to get the maximum number of units allowed. She asked if there was anything like a tiered approach? Ms. Radigan stated that every single developer she has spoken to in her career wanted the maximum. The only time it comes below that is a physical restraint of the site that prohibits the maximum. Commissioner Hay suggested that Ms. Radigan look at what other cities are doing to see if they are doing anything similar to what the City is considering to get a feel for what others cities are doing. Commissioner Romelus requested Ms. Radigan to clarify what would be decreased as Ms. Radigan said there is a percentage they are decreasing, which she did not like Would like to know if that is a necessary change or if we can leave that alone. Ms. Radigan replied that the pay in lieu of program is tiered between 15%, 20% and 25% of the total units required for payments. It does significantly lower the fee in this version. She was unsure the way it is currently written was the best method. It does not have to be 10% and 15%. This scheme can be adopted with the base percentage being 15% of total units instead of 10%. If you are using both density and height, it could be 20% instead of the 15%. Commissioner Romelus was still unsure if she understands it correctly, but leans more towards just making it a standard 15% of all units Ms. Radigan replied that there are two options: developers are either paying 10% of total units if using only the density bonus, or they are paying 15% of total units if using both density and height. The Commission can recommend 15% or 20%. They can do 15% of total units if using density and 20% if using both density and height. There has not been immediate use of this program. There is also the option, if the Commission feels strongly about a mandatory program, to table this and bring back the version with what the Commission has requested, since the construction program probably will not be used between now and then since it has never been used. The pay in lieu program brings in more money than this version. Mayor Grant inquired if this would make it easier for developers to build higher density projects by lowering the cost for affordable or workforce housing. Ms. Radigan responded that this is for developers to participate in the program and pay the fee in order to fund the City's housing fund. Mayor Grant asked if this would reduce the cost according to our current workforce 17 Page 276 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 housing ordinance? Ms. Radigan responded it did. Mayor Grant comment that if the Commission wants to make it easier for developers to build, then we would pass this as it currently states. If we want to maintain it, we would not pass it. He looked forward to having a mandatory program in the future. Commissioner Romelus inquired why this change was brought forward. Ms. Radigan responded that the reason for this Ordinance is to intensify participation in the program. At the last meeting, the Commission did not get clear direction for a mandatory program. The only other option was to increase more incentives within this program for people to participate. Once the participation has started, we can then look at raising fees and having a more robust program. Those are really the options. It is either mandatory or you create a program that people want to participate in. Commissioner Romelus inquired if the developers are participating, just not in the construction program. Ms. Radigan replied they are not participating in the construction program. The pay in lieu of had people coming in with approvals to participate, but none of those projects have made it through permitting. In reality, this program has not been used. Commissioner Romelus inquired have any developments have applied for this, but not done it? Ms. Radigan responded that Ocean One and The Villages at East Ocean did. The Town Square project was approved by the density bonus. There is interest up and down the Federal Highway corridor asking about it, but they have not approved them yet. Just about every major project the City has looked at, that is not up yet has wanted the density. Commissioner Romelus thought the projects referenced were not great examples of why this does not work and they should not base that logic off of why we need to make this ordinance easier or more attractive for developers to take advantage of. It seems like they are using it anyway and have other mitigating reasons for why they have not come out of the ground. She commented she would not be in favor of changing this Ordinance and would rather hold out and wait for more information in regards to the mandatory version of this. Mayor Grant inquired if she wanted to table it to get more information? Commissioner Romelus replied that she would not table this version and would rather vote against it or let it die. Page 277 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant commented that If they vote against it, they cannot bring it up for eighteen months. He would rather not have a vote than to deny this. Commissioner Katz stated that he would be in favor of tabling it pending the delivery of the information and the variations that the Commission has discussed, or at least have consensus on. The goal here is to try to get this done right. There is a lot of direction that was given tonight or a lot of consensus that seems to have been established to better inform staff so they can come back with the information. Even if people come in for the max economically, it might be reasonable for a developer to say they only call 10% or 15% depending on the footprint of the property and if it raises a story or just adds units. Just so we can keep moving forward even if we tabled this so the existing ordinance can be brought back with some of the modifications that we described. Commissioner Hay inquired about the 18 months that was mentioned. Mayor Grant commented that he will discuss more of the 18 months on the Knuth property. Some of the Commission is okay with tabling it to make changes later. That is the easiest way. He is in favor of something more equitable and getting something built. He understands where Commissioner Romelus says she does not want to decrease the rates, but it is something we can change. At least I have another year to change it in case developers are over using it. He is in favor of having a more equitable scale of a 10%, 20% or 30% density bonus. The County can go up to 50% density. Motion Commissioner Romelus moved to table the item to May 4t". Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 21-006 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71 st Avenue South. City -initiated. Attorney Cherof read Proposed Ordinance No. 21-005 by title only on Second Reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-006 - Second Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R -1A, Single - Family Residential for Lawrence Road / 71 st Avenue South. City - 19 Page 278 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 initiated. Attorney Cherof read Proposed Ordinance No. 21-006 by title only on Second Reading. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-009 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City -initiated. Attorney Cherof read Proposed Ordinance No. 21-009 by title only on Second Reading. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-010 - Second Reading - Approve Rezoning (LUAR 21- 001) Ocean Palm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City- initiated. Attorney Cherof read Proposed Ordinance No. 21-010 by title only on Second Reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report - None A. Police Chief Gregory will give a follow-up presentation addressing 20 Page 279 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 public safety during large gatherings and protests. Police Chief Gregory gave a follow-up presentation on public safety during large gatherings and protests. Mayor Grant commented that the no parking makes a huge difference when traveling on that road, not having the vehicles parked on the bridge. It made sure that none of the people protesting were in the road. He wanted to ensure that we have the ability to put those delineators up and that they will not affect emergency services to Bethesda. Chief Gregory replied that the police department will work with traffic engineering. He has not seen the final plan as to how they plan on spacing them out when they install them. We will certainly be cognizant of trying to leave some space. Just for a point of clarification, they were under the impression it was an emergency lane or safety zone as well. The County has informed us that it is not. It is not a safety zone and it is more of an emergency lane. It is an actual lane of traffic that is not intended for use at this time. Vice Mayor Penserga commented that the reason for having this conversation is because of the events that happened during Christmas and the burgeoning crowd and managing crowd size. He asked how this actually helps with crowd sizes and if the idea here is that the safety ambassadors would call in when the crowd is getting too big? Chief Gregory responded they would. Having their presence there would hopefully discourage those folks who may want to gather even in small crowds for illicit purposes. Before a crowd gets overly sized, having that extra on -scene, on-site and venue presence should discourage folks from bringing drugs, open containers of alcohol and the like, because it would not be allowed. While it is still just a small group, they would intervene if they got non-compliance and they would notify us. We would address it from that perspective while it was still small because there is a constant presence there on that Friday, Saturday and Sunday. Again, since it is a park and the park hours are until 10:00 P.M., when the lights go off, we cannot say there are 100 or 500 people and no more. It is not cut and dry with a limit. These are not planned events, but random impromptu gatherings that no one has been told about in advance. What happened on Christmas Day was not a planned event. There was no permit requested. There were no activities for folks that were procured and contracted for in the park. People just came to hang out on a holiday. There is nothing available to prevent people from hanging out in a public park on holidays. What the police department can do is better monitor them, create that visibility and that image of safety that someone is watching for inappropriate conduct, and that they will address it if it occurs. It will be an early warning system. That is what I am looking at these folks to be. When they start to see the character of the crowd changing, which after being there weekend after weekend after weekend, they will get accustomed to knowing what the average weekend looks like and what the average character of the folks that attend the event appear to be. Then they will be able to give us that early warning that this crowd is getting much bigger than normal so the police department can intervene if need be, before it gets to be 100 cars in the street and 1,000 people in the 21 Page 280 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 park. Vice Mayor Penserga remarked that Chief Gregory phrased it well as an early warning system. He asked what kind of equipment these safety ambassadors are carrying, if they have body cameras and what are they able and not able to do. Chief Gregory responded that they will provide them with the park rules which will address normal statutory things like open containers and open alcohol, obviously, drugs, if there is gambling or something like that taking place. Again, ideally their constant presence there would discourage someone from going there in the first place and setting up camp. But in the event, someone was so bold, they would be authorized to go over and have a conversation with them to remind those folks what the rules are. They are not going to be enforcing any laws. They are not going to be making arrests. They should not necessarily have to go hands-on unless it is to save someone's life or protect someone who is in danger. They would report what they saw as inappropriate or a violation of our ordinances, laws or park rules to the police department. Then an officer would go there and address it because the folks were non-compliant with the ambassadors. Commissioner Hay inquired about the long hours the camera specialists have to sit and watch the cameras. Chief Gregory replied that the contract does spell out that they are allowed fifteen -minute breaks, they have a lunch break and they have rest room breaks that occur. They will not be there constantly. The alternative would be to bring in two of them and double that price and allow them to rotate in and out. Right now, at least to start off with, it will be okay to have one, and allow that person to take some breaks, allow them to rest their eyes and move around. But again, they kind of know what they sign up for with this type of a role. Mayor Grant inquired if the additional thirty thousand dollars was already budgeted. City Manager LaVerriere responded that it is not in the budget, but through vacancies in our salary accounts, they will be able to utilize some of that funding without any trouble to dedicate toward this. Mayor Grant stated if there is a need to take more money out of reserves for more park safety ambassadors or a second camera specialist, he would support it. He asked if businesses that are on the intersections have the ability to join the program, to help make a safer Boynton Beach? Chief Gregory responded that the police department is not up and running just yet. Staff has gone through the training on the software, referred to as the Command Central Aware program. It has a dedicated website that will allow businesses or residents to register so they can notify the police department on the website that they have a RING doorbell or some security camera at their business. If something happens in visibility they would be willing to share that information with us via thumb drive or DVD. It is a registry so we 22 Page 281 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 know the camera is in the area and if something happens, our officers can look at the registry and speak to those property owners or business owners. The second element to that website has the ability of actually allowing the property or business owner to provide an IP addresses. If their system is compatible, the police department can tap right into it after an event occurs and see real-time what is going on at that location. Commissioner Hay inquired if Sara Sims will the only park that will have safety ambassadors and about the qualifications for an ambassador. Chief Gregory responded that at this time Sara Sims will be the only park implementing this program. There is a plan for a layered physical security at the other parks, such as Hester, Intracoastal Park, Harvey and others to implement cameras, blue light emergency call boxes or poles, as well as license plate readers just like at Sara Sims. This will be rolled out as part of the CIP program and CIP projects when we touch those parks for improvements. In regards to the staffing, these will not be full-time employees or even part-time employees of the City. These services are being provided directly under a contract that we have with a private business that provides PSC security services and security guards as well as the camera specialists. If anyone is interested in that type of work, they can check with PSC and see if they have vacancies or if they have any hiring that is going on. 10. Unfinished Business A. JKM Developers has provided their monthly update on the Town Square project. See attached. Commissioner Katz inquired about negotiations between the City and workforce housing noting there was never any direction or any negotiations regarding that. I know that was an idea that JKM had put forth. But there had never been any consensus on the Commission to engage in negotiations pursuant to workforce housing and TIF. City Manager LaVerriere responded that the Commission did not provide direction for staff to do that. They had two exploratory meetings as a professional courtesy with two different developers that were reached out to, she thought, by JKM. They had initial introductory meetings and basically said bring us something. Come up with some alternatives, which the Commission did ask for. and looked forward to receiving. That is the extent. We have had one meeting with each firm and staff left it at that. Commissioner Katz commented that he will not address all the attempts to characterize Covid or the litigation for reasons of the lack of financing, because the financing fell apart or did not exist years prior to Covid and years prior to the necessary litigation. The third item on their central parcel, there is a reference to redesigned plans and administrative amendments and he wanted to make sure that nothing relative to any redesign of any site plan would ever be approved on administrative amendment given the gravity of the situation involving Town Square and the failure to build these projects. He commented 23 Page 282 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 any characterization as administrative amendments to site plans, would not occur and must come before the Commission. City Manager LaVerriere replied that the understanding was any changes that are made to that master plan would be of interest to the Commission and staff would bring that to you first. Attorney Cherof stated that we would expect to return anything that indicates a change in what was previously approved, including the timing of it, to the Commission for a review before approvals would be made. Mayor Grant inquired about the Commission's ability to approve or not approve minor site plan amendments. Attorney Cherof responded that these would go more to the issue of the development agreement and changes to those documents or the exhibits attached thereto. He would not want to break it down to major or minor amendments. If it has the effect of modifying what the Commission approved, the Commission will have to approve changes to it. Mayor Grant commented that sometimes after a site plan is approved, there are minor modifications made that do not come in front of the Commission. He asked if any modification to the site plan is changed to the purchase and sale agreement, we have the ability to approve or not approve them? Attorney Cherof responded it is going to be fact dependent and detail dependent. As the submittals for modification move forward and staff is reviewing them, it will also be reviewing them with the City Attorney's office. What is appropriate to move forward to you, we will move forward to you. If there is something insignificant, it may not come to you. We will take that on an issue -by -issue basis as the plans submitted are reviewed. Mayor Grant commented that there is no such thing as something insignificant, whether it is administrative, minor or major, so if there is something that is trying to be amended, he should let the Commission know about that as we are in the pending litigation. 11. New Business a. Discussion regarding Knuth Road to be put back on the agenda for April 6th Motion Commissioner Katz moved to bring back the item on April 6th. Commissioner Hay seconded the motion. The motion passed unanimously. 12. Legal 24 Page 283 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 A. Proposed Resolution No. R21-031 - Approve a Fifth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the Red -Light Traffic Enforcement system. Chief Gregory gave an overview of the Fifth Amendment to the Professional Services Agreement. Mayor Grant commented that he is in favor of this. As the City Commission, they can make sure that pedestrians, bicyclists, and people stopping at red -lights are safe. Commissioner Hay inquired about the cameras being high definition and what the $400 savings was. Chief Gregory responded that some cameras are and some are not. This agreement will allow the vendor to upgrade all of our cameras to be HD. The $400savings would be in the best interest of the City. The additional revenue will help the City fund the separate license plate reader system. Motion Commissioner Katz moved to approve Resolution R21-031. Commissioner Hay seconded the motion. The motion passed 4-1 (Commissioner Romelus dissenting.) B. Proposed Ordinance No. 21-004 - First Reading - Amend Chapter 26, Article III, retitling article to "Water Shortage Plan and Year-round Landscape Irrigation Conservation Measures" and adding a new Section 26-46, Year-round landscape irrigation conservation measures. (Tabled to March 16, 2021) Motion Commissioner Hay moved to have Ordinance No. 21-004 removed from the table. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 21-004 by title only on First Reading. Joe Paterniti, Utility Director gave a brief presentation on Year-round irrigation. City Manager LaVerriere commented that the City may want to delay the effective date of the Ordinance and allow time for an education campaign that this Ordinance will be enforced. Mayor Grant inquired about the time period of a notice of violation. Mr. Paterniti responded that the Ordinance allows for one written warning and the next time you violate the Ordinance, there may be a fine. 25 Page 284 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 Mayor Grant suggested that the residents receive two warnings. There should be more education not enforcement. He also suggested that the watering time be moved to 9 am to 4 pm. Commissioner Hay commented that the thirty days is not enough time to properly educate residents about the new Ordinance and suggested three months. Mayor Grant requested that the dog parks be exempt from this Ordinance. Motion Commissioner Romelus moved to amend as stated. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Resolution No. R21-032 - Extending Ordinance 20-030 to continue provisions for public meetings by use of Communications Media Technology during the COVID-19 public health emergency. There was a consensus to extend the provisions for public meetings by use of Communications Media Technology during the COVID-19 public health emergency until June 30, 2021. Motion Vice Mayor Grant moved to approve Resolution R21-032. Commissioner Hay seconded the motion. The motion passed 4-1 (Mayor Grant dissenting.) 13. Future Agenda Items A. Presentation by Police Chief on Police Department Staffing as requested by Commissioner Katz -April 6, 2021 B. Update by Charlotte Pelton of Naming Rights Campaign for BBTS - April 6, 2021 C. Mayor Grant has requested a staff report on engineering and construction projects over $500,000. -April 6, 2021 D. Present option for management of canal assessment program - April 6, 2021 E. Voluntary Sustainability Payment on Water Bills - April 6, 2021 26 Page 285 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 F. E2L Solutions to provide Town Square presentation to City Commission. - April 20, 2021 G. Presentation by the external auditors of the 2020 City's Comprehensive Annual Financial Report. -April 20, 2021. H. Appoint Chairs & Vice Chairs for City Advisory Boards per Ordinance 20- 016. - April 20, 2021 Staff report on history/process to add names to the Heritage Park monument - April 20, 2021 J. Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — April 20,2021 K. Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. -April 20, 2021 L. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs -May 2021 M. Ordinance regarding automatic reversion back to previous zoning if a property is rezoned forplanned development and then is not developed. - May 2021 N. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 0. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 P. Discussion on funding for expanding Wi-Fi to City parks. - May 2021 Q. ILA for Sara Sims Park Pavilion Improvements - June 2021 R. Monuments on City Property - June 2021 S. Mayor Grant requested information on the water quality of canal systems within the City. — June 2021 T. Discussion of LOI process for sale of City land - TBD 14. Adjournment Yury Konnikov, ITS Support Manager, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at we Boypton Beach. Org. This concludes tonight's meeting. There being no further business, Mayor Grant adjourned the meeting at 9:55 p.m. 27 Page 286 of 830 Meeting Minutes City Commission Boynton Beach, FL March 16, 2021 ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk W. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner—Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus Page 287 of 830 Zn Consent Agenda 4/20/2021 Requested Action by Commission: Approve revisions to the Fiscal Year 2020-2021 approved Utility Capital Improvement Plan. Explanation of Request: The City Commission approved a list of projects for FY 20/21 as part of the Utilities Capital Improvement Plan when the budget was adopted in September 2020. Since adoption, some projects were added and/or changed requiring an amendment to the Utility Capital Improvement Plan as follows: Coquina Cove Stormwater and Water Main Improvements project was approved by City Commission on February 16, 2021 in the amount of $183,200 (design phase). This project will address existing drainage issues and the replacement of the existing water main in part of the neighborhood. Funds for this project are available in the 403 reserves and need to be moved from Project STM031 to UC2102. Congress Avenue Force Main Valve Installation project was approved by City Commission on January 5, 2021 in the amount of $988,652.50. This project includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch wastewater force main on Congress Avenue. This will allow operational flexibility to divert wastewater flow to the Regional Force Main. Funds for this project are available in the 403 reserves and from the 2016 Bond. However, this project is no longer funded by the 2016 Bond, so $700,000 needs to be moved from 403-5016-535-65.04 to 403-5000-535-64.04. Modifications to existing projects are attached. Both projects will be funded by making budget adjustments within the Utility Capital Improvement Plan. How will this affect city programs or services? These projects will allow for an improved level of service to various neighborhoods by reducing flooding and improving flexibility and reliability of the wastewater force main system. Fiscal Impact: Budgeted Budgeted. The project adjustments merely recognize actual costs on a project level. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 288 of 830 Is this a grant? Grant Amount: Attachments: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description Utilllity CI IF1 AdjUlstirTIE)lllt WoirlkshE)E) CoqUliina Cove, CovershE)et Coir gir'E)Ss Ave, F::: IM CovershE�'E)t Page 289 of 830 o O bn 0 -a O m r; v N Q O O O O i v N N O O S N i Q O O � O O 0 o o ca on N Q CO a) E o o :3 d Un Z �.o �U� U� m m :3 N in °vl0 O Q o o N Ln Q i i U � � � G G u u 0 0 LL LL a� a� c c a� a� Q Q NN N N ao ao 0 0 U U v E Z v X N OXi O CL N Ln 0 co 4- 0 0 rn N N 0) (6 0- 3/5/2021 Coversheet 7.D. Consent Bids and Purchases Over $100,000 2/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2116/2021 Requested Action by Commission: Approve Task Order UT -313-02 with AECOM in the amount of $183,200.00 for the Coquina Cove Stormwater and Water Main Improvements project in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 20, 2018 and renewed on September 7, 2020 through September 6, 2021. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support implementation of the Utilities Capital Improvement Projects. AECOM will provide data collection, stormwater modeling, water main upgrade design, construction plans and specifications, permitting assistance, bid phase services, public engagement, and services during construction for the Coquina Cove neighborhood stormwater and water main improvements. The Coquina Cove neighborhood is prone to flooding with water ponding during rainfall events creating a nuisance that affect the residents' daily lives. How will this affect city programs or services? Will allow for an improved level of service to the neighborhood by reducing flooding and providing improved ingress/egress during major and minor storm events. In addition, the existing water main in Ocean Inlet Drive will be replaced, resulting in improved service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities CIP account. 403-5000-538-65.09 Altematives: Not proceed with the project and continue the existing Utilities Stormwater Division's maintenance operations to respond to emergency flood relief in the neighborhood. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type 0 Contract Description Proposal General Consulting Contract https:Hboyntonbeach.novusagenda.com/agendapublic/Coversheet.aspx?ItemID=8743&MeetingID=391 Page 291 of Mo Coversheet City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/5/2021 Page 1 of 1 6.13. Consent Bids and Purchases Over $100,000 1/5/2021 Requested Action by Commission: Proposed Resolution No. R21-011 - Approve a contract with Foster Marine Contractors for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP in the amount of $898,775.00 plus a 10% contingency of $89,877.50 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $988,652.50. Explanation of Request: On December 2, 2020, bids were received for the Force Main Isolation Valves project, Bid No. ITB 040-2821-20/TP. The project includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch force main on Congress Avenue to provide the ability to isolate sections of the force main and divert flow in the event of an emergency or planned maintenance. Six (6) bids were received, and the base bid amounts for the installation of two (2) valves ranged from $594,525.00 to $899,125.00. Additionally, each of the bids included a bid alternate for the third valve location, with the bid alternate amounts ranging from $304,250.00 to $509,800. The apparent low bidder was Foster Marine Contractors with a base bid amount of $594,525.00 and bid alternate amount of $304,250.00 for a total bid amount of $898,775.00. The City's consulting engineer, Carollo Engineers, reviewed the bids and contacted the references provided for Foster Marine Contractors. Based on their evaluation of the information provided with the bids, Carollo Engineers found that Foster Marine Contractors is the lowest most responsive, responsible, and qualified bidder. Carollo Engineers and City staff recommend award of the contract to Foster Marine Contractors in the base bid amount of $594,525.00 plus the bid alternate in the amount of $304,250.00. The total recommended bid award amount is $898,775.00. How will this affect city programs or services? The project includes the installation of three (3) 36 -inch plug valves and valve vaults along the existing 36 -inch wastewater force main on Congress Avenue. The existing force main is a critical component of the force main system and transmits the majority of City's wastewater to the South Central Regional Wastewater Treatment Facility. The isolation valves will improve flexibility and reliability of the force main system, providing the ability to isolate sections of the 36 -inch force main and divert flow to the 24 -inch force main in the eastern part of the City in the event of an emergency or planned maintenance. Fiscal Impact: Budgeted The total requested funding for the project including 10% contingency is $988,652.50. Funding is available in the Utilities CIP account. 403-5016-535-64.02. Alternatives: Not award the contract at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description n T ��°I° Resolution approving Contract with Foster Marine for Force Main Isolation Valves n ("011,1tra t Force Main Isolation Valves Contract with Foster Marine O 11 eater Engineer's Recommendation Letter n 11=3di Bid Tabulation o Ad d;::na:i'u. 'ri Foster Marine Contractors Bid Submission IN ltacent �iu° Contractor References https://boyntonbeach.novusagenda.com/agendapublielCoversheet.aspx?ItemlD=8576&MeetingID=35� age 29A/4/9: V C." Consent Agenda 4/20/2021 Requested Action by Commission: Accept surtax capital project status and CI P amendment report (Fund 303) for the the 2nd Quarter of fiscal year 2020-2021 (January through March 2021). Explanation of Request: The attached report is an update for the fiscal year 2020-21 capital projects that are funded through surtax funds. Projects are in varying stages and the report includes a status update for each project. Through March 2021, the City has expended and encumbered approximately $4,251,000 worth of work from the surtax funds amended budget of $10,917,424. Projects completed to date include: • Hester Center Re -roof • Public Works Administration Building Re -roof • Meadows Park Restroom Refurbishment • Fire Station # 3 Vehicle Exhaust System • Fire Station #5 UPS Battery Replacement • Boynton Lakes Park Age 2-5 Playground • Carolyn Sim — Field Fencing • Denson Pool — Replace Storage Double Door • Fire Station # 4 — Bathroom Renovations • Hester Center Basket Ball Court Resurfacing • Sara Sims Basket Ball Court Resurfacing • ICP — Shutter Replacement and Restroom Refurbishment • Crowder Park W i-Fi • Kiwanis Sierra Park - ADA Sidewalk • Meadows Park — Pathway Rehabilitation, Site Design, Restroom Refurbishment • Palmetto Linear Green — Parking Lot Seal Coat • Public Works — Gate Replacement Ongoing projects include: • Boynton Beach Boulevard Extension • Citywide Recreation and Parks entry signs • Betty Thomas Neighborhood park tables and trash can replacements • Barrier Free Park replacement of play surface, rehabilitation of splash pad, ADA Sidewalk replacements and Bio-swale • Hester Center Game room carpeting and restroom renovations • Intracoastal Park Carpet replacement and security upgrades • Oceanfront Beach ramp and maintenance road • Oyer Park screen wall, restroom refurbishment and security upgrades • Pence Park design • Pioneer Canal Park boat ramp repair, refurbish volley ball court, and restrooms • Fire Station # 2 Carpet and fuel pumps • Fire Station # 4 Interior Painting and carpeting Page 293 of 830 In addition, attached is a Cl P amendment report outlining adjustments and/or modifications made to the Cl P during the quarter. All projects will be funded by making budget adjustments with existing Surtax dollar projects. The project budget adjustments recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. 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 ddasir:dUlirn ttaclhtirTIENI'lt Description ttach irTIENI':t 1 ... 21nd 4: Uia ir'tE)ir irTIE)i:dirTIENI'ItS ttac h irTIENI':t 2 ... 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Grant Amount: Attachments: Type Description Staff IRE)p.:irt Staff Ipir'Esa ENI'Itatioin Page 300 of 830 (A S. (A m a 0 MFa O n M s O 4 ■Ir ' — O y. 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O N � V N � N O O �a a O M 00 O O M N 0) (6 11 O M 00 O M N 0) (6 n O�4000 M m m � � i � O � Q �s O a1 O O V v=l O mLn' Ma a O O � V M O O r O O 11 O M 00 O M N 0) (6 n M 000 a1 LA O OLM v=l Ma a O O 11 O M 00 O M N 0) (6 n c m CL 0 U 9 11 11 w o M O N O 000 cn._ Ln m ago LM . o0 a1 d' rl a1 m W4% a1 tw r -I Ma a vmq vmq 11 11 11 O M 00 O N M N 0) (6 w o M 000 a1 d' rl N ._, O ._, O O r -I Ma a vmq vmq 11 O M 00 O N M N 0) (6 m a O m a L (1) i O M 00 O M M N 0) (6 D V a .b-0 O bA O i a 0 a ow E ow N X W SMOMM2 r. . SEEM O CL X W 0 V 0 a 0 0 C 6.E. Consent Agenda 4/20/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of March 2021. 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 in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 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 Acting City Manager. All backup documentation is available upon request. Below is a list of the purchases for March 2021: Purchase Order # Vendor Amount 210837 Baker & Taylor Company $15,888.00 210839 Culpepper Plumbing $14,600.00 210840 East Coast Mulch Corp $10,325.00 210841 Armor Courts Inc. $12,000.00 210855 Morris & McDaniel, Inc. $12,250.00 210854 All Counties Painting LLC $16,685.75 210859 Queues Enforth Development, Inc. $18,750.00 210877 SustainaBase Inc $13,800.00 210878 MW I Corporation $14,599.15 210879 TJ Bowles Electric Co, Inc. $24,880.00 210881 GovDirect, Inc. $60,141.00 210885 Interstate Sign Crafters, Inc. $21,089.05 210910 Geargrid, LLC $26,975.00 210912 WW Grainger Inc. $10,772.55 210930 Waterblasing. Com $14,300.00 210942 Madsen / Barr Corporation $34,442.50 210951 Martin Fence Co. $10,175.00 210953 Ferguson Underground, Inc. $19,800.00 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. Page 316 of 830 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 ttaclhtirTIENI'lt Description RE)p irk for li a irch 2021 Page 317 of 830 CITY OF BOYNTON BEACH 0 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MARCH 2021 1. Vendor: Baker & Taylor Company Purchase Amount: $15,888.00 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 3/1/2021 Brief Description of Purchase: Baker & Taylor's book leasing program allows the Library to increase its number of popular books with the ability to return them when Library customer demands subside. The books arrive shelf -ready, all cataloging and processing completed to our specifications. First half will be reimbursed by the Friends of the Library. (01/01/2021 - 06/30/2021) Source for Purchase: Confirming/Sole Source Fund Source: 691-5000-590-04-41 Donation from the Friends of the Library 2. Vendor: Culpepper Plumbing Purchase Amount: $14,600.00 Requesting Department: UTILITY Contact Person: ALLEN HATCHER Date: 3/1/2021 Brief Description of Purchase: Master Station 309 (located at NW 19th Ave. & Seacrest Blvd.) wet well needed emergency cleaning due to a break on the 16" terminal sanitary line feeding the station, which caused an excess amount of sand to enter the station. Source for Purchase: Confirming/Emergency Fund Source: 401-2816-536-4917 3. Vendor: East Coast Mulch Corp Purchase Amount: $10,325.00 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 3/1/2021 Brief Description of Purchase: Install wood engineered fibar playground mulch for Hibiscus Park, Laurel Hills Parks, Pioneer Canal Park. Source for Purchase: Southeast Florida Governmental Purchasing Fund Source: 001-2730-572-46-98 Co-op Contract# E-42-17 4. Vendor: Armor Courts Inc. Purchase Amount: $12,000.00 Requesting Department: PARKS Contact Person: FRANKY LAZO Date: 3/1/2021 Brief Description of Purchase: Basketball court(s) at Sara Sims Park resurfaced and also fiberglass membrane Source for Purchase: 3 Quotes Fund Source: 303-4218-572-63-05 RP -2115 5. Vendor: Morris & McDaniel, Inc. Purchase Amount: $12,250.00 Requesting Department: POLICE DEPARTMENT Contact Person: SOPHIA STEWART Date: 3/5/2021 Brief Description of Purchase: Consultant services for police officer new hire testing. This service will develop, validate, administer, and implement testing and assessment processes for entry level law enforcement applicants. Source for Purchase: Consultant Services Contract Fund Source: 001-2112-521-49-17 8/1/2020 - 7/31/2021 Page 318 of 830 6. Vendor: All Counties Painting LLC Purchase Amount: $16,685.75 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 3/5/2021 Brief Description of Purchase: Paint and seal areas at Intracoastal Park Clubhouse Source for Purchase: COBB: 013-2511-19/IT Fund Source: 303-4101-580-62-01 7. Vendor: Queues Enforth Development, Inc. Purchase Amount: $18,750.00 Requesting Department: POLICE DEPARTMENT Contact Person: SOPHIA STEWART Date: 3/5/2021 Brief Description of Purchase: The FBI has transitioned from requiring agencies to collect and report crime data in UCR format to NIBRS-based crime data collection and reporting as of 1/1/2021. This quote is for development on our existing records management system to be able to collect and submit the crime data in the NIBRS format. Source for Purchase: Sole Source Fund Source: 691-5000-590-0127 - Comm. 1250 Trust 105-3450-521-6414 - JAG Grant 18 & 19 8. Vendor: SustainaBase Inc Purchase Amount: $13,800.00 Requesting Department: UTILITY Contact Person: REBECCA HARVEY Date: 3/11/2021 Brief Description of Purchase: Use of SustainaBase platform to gather data and recalculate the City of Boynton Beach's greenhouse gas emission inventory for calendar year 2020. Source for Purchase: Sole Source Fund Source: 401-2821-536-95-44 9. Vendor: MWI Corporation Purchase Amount: $14,599.15 Requesting Department: UTILITY Contact Person: TREMAINE JOHNSON Date: 3/11/2021 Brief Description of Purchase: The stationary back up pump for Master Station 317 is no longer operational and will be replaced during the master station upgrade project scheduled to begin later in 2021. Until then, the MWI pump rental will be needed as a source of backup for Master Station 317. Master Station 317 is the essential station within the City's wastewater collection system. Source for Purchase: Confirming Order/Emergency Fund Source: 401-2816-536-44-30 10. Vendor: TJ Bowles Electric Co, Inc. Purchase Amount: $24,880.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 3/11/2021 Brief Description of Purchase: The Links at Boynton Beach Golf Course - electrical work Source for Purchase: 3 Quotes Fund Source: 302-4501-572-62-01 GF -1804 Page 2 Page 319 Of 830 11. Vendor: GovDirect, Inc. Purchase Amount: $60,141.00 Requesting Department: POLICE DEPARTMENT Contact Person: SOPHIA STEWART Date: 3/11/2021 Brief Description of Purchase: Purchase of 25 semi -rugged laptops for patrol as part of computer replacement plan Source for Purchase: NASPO Value Point Contract# MNWNC124 Fund Source: 001-2112-521-49-17 4/1/2015 - 7/31/2021 001-2112-521-64-15 12. Vendor: Interstate Sign Crafters, Inc. Purchase Amount: $21,089.05 Requesting Department: POLICE DEPARTMENT Contact Person: SOPHIA STEWART Date: 3/12/2021 Brief Description of Purchase: Signage for PD Headquarters on East elevation to read Boynton Beach Police Department in Navy Blue during the day and illuminate white at night and North elevation to read Boynton Beach Police Department with a silver vinyl overlay Source for Purchase: 3 quotes Fund Source: 303-4119-580-62-01 PD2102 13. Vendor: Geargrid, LLC Purchase Amount: $26,975.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 3/19/2021 Brief Description of Purchase: Bunker gear lockers for Fire Station #1. Not originally installed when new station was built Source for Purchase: Sole Source Fund Source: 001-1214-512-64-16 14 Vendor: WW Grainger Inc. Purchase Amount: $10,772.55 Requesting Department: UTILITY / WAREHOUSE Contact Person: JEN PACIELLO Date: 3/19/2021 Brief Description of Purchase: 42 x 42 Roof ventilators for lime room and high service room Source for Purchase: 3 quotes Fund Source: 401-2811-536-5224 Page 3 Page 320 Of 830 15 Vendor: Waterblasing. Com Purchase Amount: $14,300.00 Requesting Department: UTILITY Contact Person: DAVID ROLAND Date: 3/25/2021 Brief Description of Purchase: Cleaning of the interior of north clarifier at East Water Treatment Plant, includes mobilization fee, also water jet head to clean line out of pond. Source for Purchase: 3 quotes Fund Source: 403-5000-533-65-02 WT -2103 16 Vendor: Madsen / Barr Corporation Purchase Amount: $34,442.50 Requesting Department: UTILTY Contact Person: TREMAINE JOHNSON Date: 3/29/2021 Brief Description of Purchase: Repairs & Emergency Services for wastewater collection - Repair damaged main line sewer/ 8 -inch sewer VCP mail repair (11.7 VF) located at Summit Drive and South Port Lane Source for Purchase: Bid # 019-2821-19/IT Fund Source: 403-5000-535-65-04 SW -1801 17. Vendor: Martin Fence Co. Purchase Amount: $10,175.00 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 3/31/2021 Brief Description of Purchase: Fencing repair/replacement at Hibiscus Park Source for Purchase: COBB # 001-2511-20/EM Fund Source: 303-4226-572-63-05 RP -2039 18. Vendor: Ferguson Underground, Inc. Purchase Amount: $19,800.00 Requesting Department: UTILITY / WAREHOUSE Contact Person: JEN PACIELLO Date: 3/31/2021 Brief Description of Purchase: Water Distribution needs to replace broken automatic flush points on the water mains with new ones (3), the remaining (7) is for them to keep in their stock for any future breaks. Source for Purchase: 3 quotes Fund Source: 401-2810-536-52-31 Page 4 Page 321 Of 830 6. F. Consent Agenda 4/20/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 20, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: The Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL SOLICITATION NUMBER TERM AMOUNT THE WAG Professional Business Agreement January 1, 2021 $20,000 GROUP Outreach Services Commission through Dec. 31, approved 12-3-2019 2021 JOHNSON Fire Alarm, Sprinkler CONTROLS FIRE Monitoring, Sourcewell Contract July 1, 2021 $60,000 PROTECTION inspections and repair no. 031517 -SGL through June 30, 2022 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Page 322 of 830 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description Bid EAE)insioins .Dir dE)r $100,000 Agir'E)E)irT1E)1['1t taxa RE)IIIEW VV I:::; (.';ir'0L.J1lP Johinsoin Cointirtfls EAEN11§0111 Page 323 of 830 REQUESTING DEPARTMENT: City Manager— Grants and ADA DEPARTMENT CONTACT. Debbie Majors TERM: January 1, 2021 through December 31, 2021 SOURCE FOR PURCHASE: Agreement dated December 26, 2019 ACCOUNT NUMBER: 103-2110-521-34-53; 001-1210-512-49-18 VENDOR(S): The WAG Group ANNUAL ESTIMATED EXPENDITURE: $20,000. DESCRIPTION: At the Commission meeting of December 3, 2019, Commissioners authorized staff to implement the "Inclusion Works Business Recognition Program and approved utilizing 1% of Business Tax Receipts to fund this program. To participate in this program, some of the requirements for businesses are: Establish a policy to fully comply with the American Disabilities Act (ADA) and schedule one hour of training provided by the City's Inclusion Support Team on the ADA; review service animal regulations and establish a Service Animal Policy; develop multiple methods for patrons to provide feedback, including policies on how to handle grievances. The WAG Group provides a consultant to assist staff and meet with organizations and businesses; attend Economic Development's Business program events and provide support to staff in their effort to build a culture of inclusion. The WAG Group provides services for 32 hours per month at $47.00/hour. REQUESTING DEPARTMENT: Public Works — Facilities Management DEPARTMENT CONTACT. Gail Mootz TERM: July 1, 2021 through June 30, 2022 SOURCE FOR PURCHASE: Sourcewell Contract no. 031517 -SGL ACCOUNT NUMBER: Multiple City Accounts VENDOR(S): Johnson Controls Fire Protection ANNUAL ESTIMATED EXPENDITURE: $60,000 DESCRIPTION: Johnson Controls provides fire alarm and sprinkler monitoring, inspections and repairs for the various systems throughout the City facilities. On October 16, 2018, City Commission approved utilizing the Sourcewell contract to issue blanket purchase orders for these services. This initial contract period will expire on June 30, 2021. Johnson Controls through Sourcewell has issued a contract extension through June 30, 2022. ApancrIpracuremerI12 savWcn�, P.O. Sax .7jo Ick,pheAr ?ia: 06.10 742 -63JO FAX: ff6l) 742-6115 SP' Prim feasional Business Outirewh $ervices AgFeernent Entetod ifflo C*celalber 2S, 204� CONTRACT RENEWAL, PERIOD: JANUARY 1. 2021 THAV OC-CEMaER, $1, 2021 yap�l, V agrL*t,,,'[o tenor w the existilig vAh thre same Tcrvvt and Cordbom tr.,)r the, renewal peral rAf,JANUARY 1. 202.1 THRU DECEM5ER31,202.1, No,, Il do not vosh 10 rerfilw the agreernent [or the td 10voirg reavjoln�n): WAG, Group LLC OF COMPANY IF. OF REPRESENTATIVE (PleqF,e print) D.ATIE v e z, E-M'Al lb 5voW �,j dd (AREA.CO,DE) TELEPHONE NU M DER Page 325 of 830 DocuSign Envelope ID: A663A395-C662-4761-9BB5-8EE661189C2C Letter of Agreement To Extend the Contract Between Johnson Controls Fire Protection LP 5757 N. Green Bay Ave. #591 Milwaukee, WI 53209 Sourcewell 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract #031517 -SGL) for the procurement of Facility Security Equipment, Systems, and Services with Related Equipment and Supplies. This Agreement has an expiration date of June 30, 2021, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell's members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on June 30, 2022. All other terms and conditions of the Agreement remain in force. Sourcewell DocuSigned by: E By:_ S(6a�� , Its: Director of Operations & COFD2A139D06489... CPO Name Name printed or typed: Jeremy Schwartz 9/29/2020 1 1:33 PM CDT Date Johnson Controls Fire Protection LP By[DocuSigned by: bw�aS Sf�t S Its: E026EC1139B5439._ ' Name printed or typed: Thomas Staves Date 9/29/2020 1 11:36 AM PDT Natl Sales Mgr Cooperative Contracts Page 326 of 830 10. 0 Consent Agenda 4/20/2021 Requested Action by Commission: Proposed Resolution No. R21-039 - Approve the piggy -back of the City of Boca Raton Banking Services RFP No. 2013-030 and authorize the City Manager to sign the new Agreement between the City and Bank of America; the Umbrella Agreement and the Acceptance of Treasury Services. Explanation of Request: The City of Boynton Beach has had a continuing contract with Bank of America that has been automatically renewed over the past several years. This contract was initiated in February 2004. The City uses Bank of America for all its banking services that include: • Master Checking Account, • Accounts Payable Disbursement Account, • Payroll Disbursement Account, • EMS Billing Lockbox Services, • Credit Card Payments, • Money Market Savings Account, • Non-interest bearing checking account for Utility deposits and • Checking account for employees' FSA deductions, • Remote Check Scanning Services, • Merchant Transaction Services, • E -payable transactions and rebates for vendor payments and • EFT Payments for vendor payments • EFT/ACH Payments for incoming wires from vendors and State of Florida Payments Employees utilizing direct deposit for their payroll checks are also eligible for a checking or savings account with no monthly fee. The City of Boca Raton awarded Bank of America a five-year contract as a result of RFP No. 2013-030 for Banking Services. The RFP had the option for two (2) two-year renewals with the current and last renewal expiring on September 30, 2022. The City of Boynton Beach would like to piggyback this contract to take advantage of the competitive rates afforded the City of Boca Raton through award of RFP 2013-030 to Bank of America. How will this affect city programs or services? This piggy -back will allow the City to continue to use Bank of America services for all the City's banking requirements with the competitive rates secured by the City of Boca Raton. Fiscal Impact: Budgeted Alternatives: Reject the piggy -back and issue a new RFP. Strategic Plan: Page 327 of 830 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D Ag ir'E�'E) rTIE) 111 t D AttacftrTIENI'lt D AttacftrTIENI'lt D Ag ir'E�'E) rTIE) 111 t D AttacftrTIENI'lt D AttacftrTIENI'lt Description Riggback Bainkiing SE)ir-\ACE)S IRE)SO Piggyback Cointract AOS CorporatE�, aind CoirnirTIE)rcia IDEOSitAgir'EsEsiryiEsll'it Boca F:::iinal IFliroposal� Tir'Esa&.Jiry Agir'EsE)irTIENI'lt FlriCE) IFlrolpQ.sal� Page 328 of 830 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF THE CITY OF BOCA RATON BANKING SERVICES RFP NO. 2013-030 AND AUTHORIZING THE CITY MANAGER TO SIGN THE NEW AGREEMENT BETWEEN THE CITY AND BANK OF AMERICA, THE UMBRELLA AGREEMENT AND THE ACCEPTANCE OF TREASURY SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has had a continuing contract with the Bank of America since February 2004 that has been automatically renewed over the past several years; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, The City of Boca Raton awarded the Bank of America a five-year contract with two (2) two-year renewals as a result of RFP No. 2013-030 for Banking Services; and WHEREAS, The City of Boynton Beach would like to piggy -back this contract to take advantage of the competitive rates afforded the City of Boca Raton through award of RFP 2013- 030 to Bank of America; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve the piggy- back of the City of Boca Raton Banking Services RFP No. 2013-030 and authorize the City Manager to sign the new Agreement between the City and Bank of America; the Umbrella Agreement and the Acceptance of Treasury Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:ACA\RFSO\Agreements\Piggy-Back Boca Raton RFP For Banking Services - Reso.Docx Page 329 of 830 31 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 Section 2. The City Commission hereby approves the piggy -back of the City of Boca Raton Banking Services RFP No. 2013-030 and authorizes the City Manager to sign the new Agreement between the City and Bank of America; the Umbrella Agreement and the Acceptance of Treasury Services, a copy of which is attached hereto as Exhibit "A. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20'h day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RFSO\Agreements\Piggy-Back Boca Raton RFP For Banking Services - Reso.Docx YES NO Page 330 of 830 AGREEMENT N0. 007-2410-21/RW BETWEEN BANK OF AMERICA AND THE CITY OF BOYNTON BEACH FOR BANKING SERVICES This Agreement is made as of this 20th day of April 2021, by and between BANK OF AMERICA, N.A., a national bank association with a principal address 625 N Flagler Dr., West Palm Beach, FL 33401 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, in order to maintain BANKING SERVICES, the City's Finance Department is requesting the City enter into an Agreement with BANK OF AMERICA, N.A. to perform BANKING SERVICES; and WHEREAS, BANK OF AMERICA, N.A. has agreed to allow the City to piggy -back the CITY OF BOCA RATON Agreement No./RFP No. 2013-030 to provide BANKING SERVICES. This agreement will expire on September 30, 2022. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and BANK OF AMERICA, N.A. agree that BANK OF AMERICA, N.A. shall provide BANKING SERVICES based on Exhibit "A", CITY OF BOCA RATON Agreement No./RFP No. 2013-030, to provide BANKING SERVICES for a five (5) year term, with an option to renew for two (2) two-year renewal periods whereby the term of this agreement will expire on September 30, 2022, except as hereinafter provided: A. All references to the CITY OF BOCA RATON Agreement No./RFP No. 2013-030 shall be deemed as references to the City of Boynton Beach. B. In the event that the CITY OF BOCA RATON Agreement No./RFP No. 2013-030 is amended, or terminated, BANK OF AMERICA, N.A. shall notify the City within ten (10) days. In the event the CITY OF BOCA RATON Agreement No./RFP No. 2013-030 is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. C. BANK OF AMERICA, N.A. agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which Page 1 BGA PIGGYBACK AGREEMENT 007-2410-21/RW Page 331 of 830 the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. D. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. E. For clarification purposes with respect to the Bid Response pricing applicable to client, which will be set forth in the pricing analysis, the FLOOR rate and FFE rate are not a part of this agreement and are replaced with managed rate for both ECR and PFIC. There will be no analysis loyalty credit applied. In all other aspects, the terms and conditions of the CITY OF BOCA RATON Agreement No./RFP No. 2013-030 are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. F. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 Notices to Vendor shall be sent to the following address: Sean Silverbush Bank of America, N.A. FL5-222-06-06 222 Lakeview Ave. STE 600 West palm Beach, Florida 33401 sean.silverbush@bofa.com Phone: 561-345-2567 G. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 2 BGA PIGGYBACK AGREEMENT 007-2410-21/RW Page 332 of 830 A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 3 BGA PIGGYBACK AGREEMENT 007-2410-21/RW Page 333 of 830 DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. DATED this day of 120. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Crystal Gibson, City Clerk Approved as to Form: James A. Cherof, City Attorney BOA PIGGYBACK AGREEMENT 007-2410-21/RW BANK OF AMERICA, N.A. Signature of Authorized Official Printed Name of Authorized Official Title Attest/Authenticated: Page 4 (Corporate Seal) Witness Page 334 of 830 EXHIBIT A AGREEMENT NO./RFP NO. 2013-030 BETWEEN CITY OF BOCA RATON AND BANK OF AMERICA, N.A. FOR BANKING SERVICES Page 5 BGA PIGGYBACK AGREEMENT 007-2410-21/RW Page 335 of 830 Bankof'America ,r• Acceptance of Services Part I — Certification The person(s) signing this Acceptance of Services ("Acceptance") certifies/certify that: a) The person(s) signing the Acceptance is/are an authorized signer of the client entity or entities identified below (each a "Client"). b) Client has accessed and/or received and agrees to be bound by the Service Documentation, as may be further defined in the terms and conditions governing the relevant service, but in all cases includes the following: (1) This Acceptance; (2) The Service Terms for each treasury management service (each, a "Service") utilized by Client now or in the future, which may be found in the Global Transaction Services Terms and Conditions or in Service specific amendments, supplements or addenda; (3) The General Terms, which may be found in the Global Transaction Services Terms and Conditions; (4) User Documentation, which includes any information Bank may make available regarding a Service, including user guides, details about how a Service works, any terms of use for that Service, technical specifications, and software licenses; and as any and all Service Documentation may be amended restated, supplemented, terminated and/or otherwise modified from time to time, for each Service utilized by Client whether as of or after the effective date of the Acceptance, without necessity of execution or delivery of any additional documentation for any such future utilized Service. If there is a conflict among the documents that make up the Service Documentation, the documents will govern in the order set forth above. Service Documentation will govern in the event of a conflict with any Account Agreement, except as applicable law requires otherwise. Service Documentation may be posted in electronic format on a Website provided by Bank (including but not limited to Bank's CashPro® platform and any successor portal or access point). Any terms not defined in this Acceptance will have the meaning given to them in the Global Transaction Services Terms and Conditions. c) All information provided to Bank regarding the beneficial ownership of the Client is, to the best of each Client's knowledge, complete and correct, and to the extent it is not or becomes outdated, each Client agrees to provide Bank with updated information as required by law. d) Client has taken all action required by its organizational or constituent documents to grant each person(s) signing this Acceptance the authority on Client's behalf to (i) execute this Acceptance, (ii) add or delete Services, (iii) enter into other agreements or execute documents that Bank may require for Services Bank offers, (iv) agree to amend, terminate or otherwise act on behalf of Client with respect to this Acceptance and the Service Documentation entered into by execution of this Acceptance; (v) enter into all transactions related to the utilized Services, including but not limited to giving the Bank instructions regarding Electronic Funds Transfer Services; and (vi) designating other individuals to act in the name and on behalf of Client. Client will produce such organizational or constituent documents upon request. Part II — Electronic Signatures Electronic signatures. All persons authorized to execute agreements and instructions on behalf of Client or Bank may do so electronically, at the Bank's option, and in such form and according to such processes and procedures as Bank may specify. Client agrees that each agreement or instruction executed electronically will be fully enforceable and may be relied upon by Bank as if it had been otherwise executed on paper by manual signature. Electronic Communication. Client agrees that subject to applicable law, Bank may communicate with Client electronically and provide Client with, or make accessible, any or all of the Service Documentation (and any amendments, modification or supplements to such documents) electronically. Client's agreement may be evidenced using a technical process, including the following: (a) an electronic image file(s), e.g., in PDF format, containing a manuscript signature; (b) an electronic signature protocol; (c) click to accept functionality; (d) an email exchange in which Client expresses agreement; and/or (e) an approval by Client through the Bank's CashPro® platform or third -party electronic platform utilized by Client and Bank. Part III — Delegation of Authority ADDITIONAL AUTHORITY DELEGATED TO SPECIFIC INDIVIDUALS Client hereby grants authority to sign documents, accept amendments and setup and/or modify Services on behalf of Client to each person with the below specified title or each person below specified by name, regardless of title. To Grant Authority to Specific Individual(s): Name I Service Entitv Signature 00-35-5282NSBW 07-29-2019 AS Page 1 of 5 Bank of America — Confidential © 2019 BPnag&33&Qfo830 CASHPROS Client has granted the person(s) signing this Acceptance the authority on Client's behalf to identify and delegate authority to its CashPro3 Primary Administrators. Client is authorizing each person listed in this section to identify the users of Services and control the scope of any user's access to Services (including but not limited to setting up entitlements, completion of setup forms and any subsequent amendments and the initiation or approval of payment transactions) on Client's behalf. This authorization includes that ability of the Primary Administrator to designate himself or herself, or to designate others, any of whom may be authorized to initiate, amend, cancel, confirm or verify the authenticity of instructions to the Bank for Services, whether given orally, electronically or by facsimile instructions, and to revoke any authorization granted to any such person. It is understood, however, that each and any such instruction to the Bank (even when the same is manually inserted and/or released by any user) shall be regarded as being given directly by the person(s) signing this Acceptance or, as applicable, other relevant authorized signatory or signatories in respect of Client's account(s), as the person(s) solely acting in the name and on behalf of the Client with respect to the relevant transaction. The Bank is entitled to rely upon this delegation in its provision of Services until written notice of its revocation is received by the Bank and the Bank has had a reasonable opportunity to act thereon. CashProS Primary Administrators (for CashPro IDs with which Client is associated), listed below and added in the future (or current Primary Administrators, if such exist), unless otherwise indicated, may also be responsible for various electronic onboarding activities, including but not limited to the receipt and processing of important updates to this document or the Service Documentation that may be communicated from time to time. E-mail Address For Legal Notices to All Clients Named Above: 1. CASHPRO USER ADMINISTRATION SECURITY —Please select one 2. DESIGNATION OF CASHPRO PRIMARY ADMINISTRATORS Primary Administrator #1 Dual Administration with Token - One of the primary administrators will create user abilities and set entitlements within CashPro. ❑ The second administrator will review and approve before the abilities and/or entitlements take effect. The second administrator approving such an administrative action will be prompted to enter the token one time password. ❑ Dual Administration— One of the primary administrators will create user abilities and set entitlements within CashPro. The second administrator will review and approve before the abilities and/or entitlements take effect. Single Administration with Token — If Client selects this option, Client agrees that it authorizes this person or any subsequently ❑ identified Primary Administrators to act alone. Bank approval may be required prior to selection. Client may be required to sign Dual Administration Waiver. 2. DESIGNATION OF CASHPRO PRIMARY ADMINISTRATORS Primary Administrator #1 Name: Postal Code: Phone: Mobile #: Email: Fax#: Business Address: City: State/Province: Country: Primary Administrator #2 Name: Postal Code: Phone: Mobile #: Email: Fax#: Business Address: City: State/Province: Country: 3. SECURITY PROCEDURES WITHIN THE CASHPRO PORTAL 1. Strong Authentication Upon Login — Companies configured for strong authentication upon login require all Users to be prompted to authenticate using a token one time password when logging in to CashPro Online. a. Select below: ❑ YES I ❑ NO b. PLEASE NOTE: Certain jurisdictions mandate by law the use of strong authentication. If a user has access to an account in such a jurisdiction, strong authentication upon login will be required for that user, regardless of the selection above. 2. Strong Authentication Accessing Applications — Companies that choose not to be configured for strong authentication upon login may be required to use strong authentication when accessing certain high risk applications, as determined by Bank. 3. Strong Authentication Approving Transactions — Several applications require additional authentication (token one time password or e -signature) to release or approve a transaction, regardless of company's strong authentication upon login configuration. 00-35-5282NSBW 07-29-2019 AS Page 2 of 5 Bank of America — Confidential © 2019 BRQg0437Cif aaQ Part IV — Signature and Effective Date Address for Bank Notices: Bank of America, N.A., Documentation Management (CA4-706-04-07) P.O. Box 27128, Concord, CA 94527-9904, Fax(925)675-7131 Select One: I ❑ New ❑ Supersede Existing T&C Agreement CLIENT ENTITY LEGAL NAME (Must match legal name of entity indicated in company formation documents) DATE: 1st Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) 1st Authorized Officer's Name: Title 11t Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) Part IV — Signature and Effective Date Address for Bank Notices: Bank of America, N.A., Documentation Management (CA4-706-04-07) P.O. Box 27128, Concord, CA 94527-9904, Fax(925)675-7131 Select One: I ❑ New ❑ Supersede Existing T&C Agreement CLIENT ENTITY LEGAL NAME (Must match legal name of entity indicated in company formation documents) DATE: 1st Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) 1st Authorized Officer's Name: Title 11t Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) DATE: 2nd Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) Title 2nd Authorized Officer's Name: Title Part IV — Signature and Effective Date Address for Bank Notices: Bank of America, N.A., Documentation Management (CA4-706-04-07) P.O. Box 27128, Concord, CA 94527-9904, Fax(925)675-7131 Select One: I ❑ New ❑ Supersede Existing T&C Agreement CLIENT ENTITY LEGAL NAME (Must match legal name of entity indicated in company formation documents) DATE: 11t Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) 1St Authorized Officer's Name: Title 00-35-5282NSBW 07-29-2019 AS Page 3 of 5 Bank of America — Confidential © 2019 BRQg043&Qf o€ aQ Part IV — Signature and Effective Date Address for Bank Notices: Bank of America, N.A., Documentation Management (CA4-706-04-07) P.O. Box 27128, Concord, CA 94527-9904, Fax(925)675-7131 Select One: I ❑ New ❑ Supersede Existing T&C Agreement CLIENT ENTITY LEGAL NAME (Must match legal name of entity indicated in company formation documents) Title & Authorized officer name h Banking (Must match Resolution h Formation Documents) Signature (Must match Banking Resolution or Formation Documents) DATE: 00-35-5282NSBW 07-29-2019 AS Page 4 of 5 Bank of America — Confidential © 2019 BRQg0439CQf o€ aQ BankofAmerica "!'` Attestation to the Merrill Lynch Acceptance of Services I the undersigned certify that each person signing the Acceptance of Services ("Acceptance") for Client is authorized to accept and execute the Acceptance on behalf of Client. Further, including through the use of electronic signatures, each such person has the authority to (i) accept and execute all banking agreements related to the Services provided under the Acceptance and related Service Documentation, (ii) execute and deliver all related forms, and (iii) provide and authorize all related instructions. I further certify that I have full authority to execute this attestation on behalf of Client. The Bank is entitled to rely upon this attestation until written notice of its revocation is delivered to the Bank. Date Client Name (Certifying signature) (Certifying Name) (Certifying Title) 00-35-5282NSBW 07-29-2019 AS Page 5 of 5 Bank of America - Confidential © 2019 BRQgOn 0CGf aaQ Effective July 2020 Corrected Facts about corporate and commercial deposit account programs Welcome to Bank of America, and thank you for opening an account with us. When you open a corporate deposit account with us, you agree to the terms and conditions discussed in this publication. Please read this publication carefully and keep it for your records. Throughout this publication, the words "you," "your" and "yours" refer to the accountholder(s). "We," "us" and "our" refer to Bank of America, National Association. BANK OF AMERICA�� Page 341 of 830 Table of contents Generalprovisions .................................................. 1 General matters ....................................... 1 Accessing services via the internet ............ 2 Changes of address ................................. 4 Changes to agreement .............................. 4 Charging an account ................................. 4 Closing an account or suspending and Cash transactions reporting ..................... terminating a service ............................. 4 Compliance ............................................... 5 Using and disclosing information ................ 7 Fees........................................................ 9 Freezing your account ................................ 9 General inquiries......................................10 26 Governing law ......................................... 10 Information you give us ........................... 10 Liability ................................................... 10 Electronic Communications .......................10 Notices...................................................12 Protecting your account ............................13 Protection from third parties .....................15 Resolving disputes or controversies ......... 15 Special Provisions for Pass -Through Accounts ..........................17 Checking and money market savings accounts...... 18 Account conversions.................................18 Transaction limits for money market savings accounts..............................................18 Interest on your funds..............................19 Statements.............................................19 Combined statements ............................. 20 Additional provisions and related services .............21 Account reconcilement service ................. 21 Automatic transfer service ........................ 22 Automated Clearing House (ACH) blocks and authorization services ...........................22 ACH debits and credits ............................ 23 Automated Clearing House (ACH) review service ....................................... 24 Cash transactions reporting ..................... 24 Check cashing ........................................ 24 Check handling ....................................... 24 Check legends ........................................ 25 Check stock and ink ................................ 25 Check transformation services ................. 26 CHECK 21 .............................................. 26 Circumstances beyond our control ............ 26 Client -encoded deposits ...........................27 Page 342 of 830 Page 343 of 830 Death r,'; Deposit error correction. 8 Flert 'i{. 4 4 5 k w x ; r� Right Swi,fle. , r',9 ' " , r, - dated checks ................................. 53 Stop payment orders .............................. 53 Sub -accounts ........... ............................. 57 Substitute checks, indemnified copies, images, image replacement4 electronically ea. r, Q Page 343 of 830 Transferring ownership ............................ 58 Unclaimed property ................................. 58 Unpaid items .......................................... 59 Value-dating............................................59 Zero balance accounts service ................. 59 Taxpayerinformation............................................62 Exempt foreign person or entity ................ 63 Penalties ................................................ 64 Glossary..............................................................65 Page 344 of 830 General provisions General matters • We may obtain credit reports and make other inquiries about you. • Transactions that you perform are not effective until we process them. • We may accept a check or other item for deposit to your account from anyone. We are not required to question the authority of the person making the deposit. • We may refuse to honor a request to withdraw funds in cash from your account if we believe that the amount is unreasonably large and that honoring the request would cause us an undue hardship or security risk. • If another person or entity makes a claim against funds in your account, or if we believe that a conflict exists between signers on the account or that there is a dispute over matters such as the ownership of the account or the authority to withdraw funds, we may take one or more of these actions without our being liable to you: continue to rely on current signature cards and other account documents; honor the competing claim upon receipt of evidence we deem satisfactory to justify such claim; freeze all or part of the funds until the dispute is resolved to our satisfaction; close the account and send a check for the balance in the account, payable to you or to you and each claimant; or pay the funds to an appropriate court for resolution. We may charge your account for expenses and fees, including attorneys' fees, we incur. • If you deposit a demand draft (an unsigned draft) or remotely -created check into your account, you warrant and guarantee that such draft is authorized by the person identified as drawer, according to the terms on its face. • If you deposit a substitute check or image replacement document (IRD) into your account, you give to us the same warranties and indemnities that we, as a reconverting bank, would give under Check 21 regulations. • The services you receive pursuant to this Agreement are for business use only and not primarily for personal, family, or household use. • We may require ID or impose other conditions before accepting a deposit. • We reserve the right to refuse or return any deposit to your account or to charge you a balance related fee if we believe that our acceptance of such deposit may create any legal, financial or other risk or cost to us. In making any such determinations, we may consider factors such as the amount and anticipated 1 Page 345 of 830 duration of the deposit, and whether you gave us advance notice of the deposit. If we determine not to maintain deposits that were credited to your account by Fed wire or other electronic fund transfers, you authorize us to send the funds on your behalf to their origin by wire transfer or by other means. This Agreement is binding upon you and us and each of our respective successors and permitted assigns. This Agreement is not for the benefit of any other person, and no other person has any right under this Agreement against you or us. Nothing contained in this Agreement creates any agency, fiduciary, joint venture or partnership relationship between you and us. All persons authorized to execute agreements on behalf of you or us may do so electronically, at our option, and in such form and according to such pro- cesses and procedures as we may specify. You agree that any agreement executed electronically will be as enforceable as if it had been executed on paper by manual signature Please contact your bank representative if your depos- it account with us contains the proceeds of municipal securities or municipal escrow investments, as define in the Dodd -Frank Wall Street Reform and Consumer Protection Act. Otherwise, we will assume that your deposit account contains no such proceeds. Please contact your bank representative if your deposit account with us contains, or will contain, the assets of an employee benefit plan (such as a pension, retirement, health or welfare plan) or other entity subject to the Employee Retirement Income Security Act of 1974, the prohibited transaction rules under section 4975 of the Internal Revenue Code, or any similar law or rules. Otherwise, you represent to us that your deposit account will contain no such assets. You will complete a signature card to acknowledge receipt of this Agreement. Each person who signs the signature card as an authorized signer has the ability to bind the business in all transactions involving any account. You may add or delete authorized signers by submitting an Amended Signature Card Form at any time. Accessing services via the internet We may make certain Services available via one or more Websites. In addition to any other terms and conditions applicable to your use of such Websites, you agree as follows: We reserve the right to suspend your access to, and use of, a Website upon notice of a violation of any of the terms and conditions applicable to such access and use. In addition, we may suspend your access to, and/or use of, a Website immediately without notice where such 2 Page 346 of 830 action may be required to prevent interference with or disruption to services to other customers, to protect the integrity of our systems, or as may be required by law or regulation. Websites shall be used only for lawful purposes. Without limiting the foregoing, you agree not to use a Website in any way that would: • infringe any third party copyright, patent, trademark, service mark, trade secret or other proprietary rights or rights of publicity or privacy • be fraudulent or involve the use of counterfeit or stolen items • violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, unfair competition, anti -discrimination, defamation or false advertising) • violate any contractual provision by which you are bound • be false, misleading or inaccurate • create liability for us or any service provider(s) or cause us to lose (in whole or in part) the services of any service provider • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing • interfere with or disrupt computer networks connected to the network(s) used by you • interfere with or disrupt the use by any other customer of the Website and/or of any services accessed via the Website Violations of system and network security are prohibited, including but not limited to unauthorized access to, or use of, systems or data. You agree not to attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures or to seek to interfere with any system or network security. We will investigate violations of system and/ or network security and may involve law enforcement if criminal conduct is suspected. Indirect or attempted violations of these terms and conditions by you, and any actual or attempted violations by a third party on your behalf, shall be considered violations by you. You agree to follow all our procedures and requirements with respect to security in accessing and using a Website and not to misrepresent your identity. Where passwords or other access information may be required, you are solely responsible for the security of such access information and will hold us harmless from any unauthorized access to or use of systems that may result from your failure to properly maintain the security of such access information. You agree to cooperate with us and any service provider(s) with regard to your access to, and use of, a Website, including providing such technical assistance and information as we may reasonably request. 3 Page 347 of 830 You agree to access and use Websites only for the purpose intended and not for any purpose of commercial exploitation. Changes of address You must notify us if you change your physical address or Client Email. If we receive notice from the United States Post Office or one of its agents that your address has changed, we may change your address on our records to the address specified by the Post Office; and we may send statements and other notices regarding your accounts to that new address. Changes to agreement We may change this Agreement at any time. For example, we may add, delete or modify terms. These terms include, but are not limited to, fees and charges for our services. We generally will try to inform you of any changes prior to the effective date of the change. Your continued use and maintenance of your account will constitute your receipt, review of, and acceptance of the Agreement as changed. Charging an account We may deduct fees and other amounts you owe us under this Agreement from your accounts with us or our affiliates at any time without prior notice of any deduction, except that this provision does not apply to any consumer credit covered by the Federal Truth in Lending law. If there are not enough funds in your account to cover the fees and other amounts you owe us, we may overdraw your account. You agree to immediately pay us all amounts you owe us. Closing an account or suspending and terminating a service You or we may generally close your account at any time without advance notice. This Agreement continues to govern matters related to your account even after your account closes. If at any time we believe (i) that our provision of any Service to you may create a risk of financial loss for us or result in an unacceptable credit exposure to us, or (ii) that an account associated with any Service may be subject to irregular, unauthorized, fraudulent or illegal activity, we may, in our sole discretion, immediately, without prior notice to you, suspend or modify our provision of any such Service until such time that such risk, exposure, or activity is eliminated or otherwise resolved, notwithstanding anything to the contrary in this Agreement. Either you or we may terminate any or all Services upon 30 calendar days' prior notice to the other party. Notwithstanding the foregoing sentence, we may terminate any or all Services effective immediately, and we will notify you of the termination, 4 Page 348 of 830 Compliance All financial institutions are required by law, including the USA Patriot Act, to obtain, verify and record information that identifies each customer who opens an account with that financial institution. On each day you use your account or Service under this Agreement or any other agreement between us you make the following representations and warranties to us: Page 349 of 830 • You are duly organized and in good standing under the laws of the jurisdiction of your organization. • You have all powers, licenses, authorizations and approvals to operate your business as now conducted. • You are responsible for full compliance with all anti -money laundering, anti-terrorist financing and other laws and regulations of all applicable jurisdictions, including without limitation the United States. • All information you may have provided to us regarding the beneficial ownership of your organization is, to the best of your knowledge, complete and correct, and to the extent it is not or becomes outdated, you agree to provide us with updated information as required by law. • If you are required to implement an Anti Money Laundering program pursuant to the USA Patriot Act, its implementing regulations, or any non U.S. law or regulation applicable to you then you shall: 1. (a) monitor, for the purpose of identifying suspicious activities, all transactions of its customers conducted through the Accounts or using services provided by Bank, and (b) file suspicious activity reports ("SARS") and any other reports as required by applicable law relating to transactions conducted through the Accounts; and 2. (a) take all reasonable and necessary actions to enable sharing of information in accordance with Section 314(b) of the USA PATRIOT ACT and its implementing regulations (including maintaining a current registration on FinCEN's 314b list of participants) or as permitted by local law; and (b) promptly share with the Bank or the Bank's registered 314(b) designee, unless prohibited by applicable law, all unusual or suspicious activities that relate to an Account that my involve potential money laundering or terrorist financing. • You will notify the Bank if you become aware of any material event, investigation, litigation, indictment, conviction, or enforcement action involving you, your officers, directors, employees, or agents, and involving any non-compliance with any Anti Money Laundering or economic sactions law or regulation. • You will not use our products and Services to engage either directly or indirectly in business with Shell Banks. • You perform on-going customer due diligence in a manner that ensures compliance with applicable jurisdictional requirements. • You will not allow your customer to directly access the correspondent banking services provided by us without our prior knowledge and express consent. I* Page 350 of 830 Using and disclosing information We may access, analyze, copy, and use, for any lawful purpose, information about you, your accounts, your transactions, or any other information that we obtain in connection with establishing our relationship or providing our products and services. Such permissible uses include but are not limited to: research; relationship management; marketing; analyzing market trends; audits; data analysis and reports', analyzing ar4, predicting client trends; performing risk management, including credit risk analysis and credit assessments; developing, providing, or improving our products and services. Permissible uses also include the generation and analysis of any dentified or aggregated information, report, summary, tool, intelligence or Page 351 of 830 other output for our own internal use or for sharing with other customers or third parties as described in the paragraphs below concerning disclosure. We may disclose information about your accounts to credit reporting agencies and to other persons or agencies who, in our judgment, have a legitimate purpose for obtaining information. We may charge you for providing such information. From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information on you and your accounts for other reasons, including: • To anyone whom we reasonably believe is conducting a legitimate credit inquiry, including inquiries to verify the existence or condition of an account for a third party such as a lender, merchant or credit bureau • In response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance • In connection with collection of indebtedness or to report losses incurred by us • In compliance with any agreement between us and a professional, regulatory or disciplinary body • In connection with potential sales of businesses • In connection with a service, we may provide ourselves or through a third party or vendor, including, for example, audit confirmations and industry or sector analyses • At our discretion internally within our company, and to our affiliates and subsidiaries • To our agents and service providers who help us meet your needs, assist us in providing or offering our products or services, or help us in analyzing or processing information • In de -identified and/or aggregated form to you, other customers, business partners, and other third parties, including as part of the products and services we make available to our customers, such as benchmarking reports and cash forecasting • In order to complete transfers or transactions • To account verification or account information service in order to substantiate ownership or with regard to account closures, or for other reasons. Information disclosed may include, but is not limited to, your name, address, TIN, and the date and reason for an account closure, and the service may supply this information to others. For reasons other than stated above, with your consent, or upon your request (for example, to third parties you work with to process your requests for products or services). This section does not limit our ability, or that of our affiliates to acess, use, disclose, deidentify, aggregate, N1 Page 352 of 830 or otherwise process transaction data related to any service or account provided to you in connection with our or their business. The provisions of this "Using and disclosing information" section control our use and disclosure of data. If any inconsistency or conflict exists between this section or any other agreement that you have with us, then the terms of this section shall control. "Freezing" your account If we decide to close your account, we may freeze it. If we do this, we may in our discretion either accept or return credits and debits including deposits, checks and other items including ACH and wires that we receive after we freeze your account without being liable to you. Page 353 of 830 If at any time we believe that your account may be subject to irregular, unauthorized, fraudulent or illegal activity, we may, in our discretion, freeze the funds in the account and in other accounts you maintain with us, without any liability to you, until such time as we are able to complete our investigation of the account and transactions. If we do freeze your account funds, we will provide notice to you as soon as reasonably possible. We may not provide this notice to you prior to freezing the account if we believe that such notice could result in a security risk to us or to the owner of the funds in the account. General inquiries For questions regarding this Agreement or general inquiries, please contact your account representative or the phone number which appears on your bank statement. Governing law This Agreement is governed by and interpreted according to the law of the State of New York, without reference to principles of conflicts of law other than those applying the substantive law of New York, subject to any supervening United States federal law, rule or regulation applicable to a national banking institution or unless otherwise required by your state law. Information you give us When you open a deposit account with us, you give us information about yourself and confirm that it is correct. We enter the information into our records. We may rely on that information until you notify us of a change and we have had a reasonable time to act on the new information. Liability We will not be liable for any failure to act on our part if we reasonably believe that our action would have violated any law, rule, regulation or court order or decree. In no event will we be liable for any indirect, consequential or punitive loss, damage, cost or expense of any nature or any economic loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corruption of your data, loss of operation time or loss of contacts, even if advised of the possibility of such loss, damage, cost or expense. Electronic Communications The Parties agree that electronic communication is an accepted form of communication and you consent to the communication and delivery of communications through the Website or any other electronic means, which may include electronic mail, CashPro® Assistant, 10 Page 354 of 830 Communication by printing it or by requesting that we send a physical copy. To request a paper copy, you may contact your Bank representative, and may be assessed a fee, in accordance with law. Withdrawal of Consent. We may, in our sole discretion and without notice, discontinue the use of or change the terms and conditions pursuant to which we accept electronic Communications and Non -written signatures in transactions with you. Hardware and Software Requirements. You are responsible for installation, maintenance, and operation of your own computer, browser and software, which includes a Compatible Version of a web browser, access to the Client Email, computer storage space to save Communications, a printer to print Communications, and a computer or mobile device with internet or mobile connectivity utilizing a Compatible Version of an operating system capable of supporting all of the foregoing requirements. "Compatible Version" means a version of the software that supports access to the Bank's Website and other approved access channels. Notices Unless otherwise provided in this Agreement, any Communication or notice by us to you in connection with a this Agreement and your accounts ( "Notice") may be: (a) mailed, faxed or sent by electronic means (including email or hyperlink) to your address, using the details given by you when you opened an account, or agreed to this Agreement, or any other address or details subsequently communicated by you to us; (b) included with or on your Account Analysis Statement or deposit account statement; or (c) made available on Bank of America CashPro® Online (or any successor application) and/or any other Website. When providing Notice, we may specify that the content of the Notice is available on a Website or by contacting an account representative. Notice is effective upon the earlier of the date the Notice is made available to you on a Website, mailed to you via post or electronic means, or upon receipt, where confirmation of such receipt has been requested. If, at your request, we hold your Notices and you do not call for them in 30 days, we may either make them available to you by any means permitted under this Agreement for Notice or destroy them. If we hold a Notice at your request, or one is returned to us, the actions, disclosures, changes or amendments contained in the Notice will be effective. A returned Notice will be effective upon the earlier of the date it is made available to you on a Website or mailed to your last known address (including email address) and held Notices are effective on the date of the Notice. It is your obligation to notify us 30 business days in advance of any changes to your mailing or email address. 12 Page 356 of 830 Protecting your account Your role is extremely important in the prevention of wrongful use of your checks or account. You must promptly examine your statement upon receipt. If you find that your records and ours disagree, or if you suspect that a check, endorsement or other withdrawal order is altered or forged, call us immediately at the telephone number on your account statement. Bookkeepers or Third Parties. In the event you authorize any third person to retain possession of or prepare or transmit items for you, you agree to assume full responsibility for any errors or wrongdoing by such third person if we should pay or process such items. Cellular/cordiess phones or wireless devices. Caution should be used when using cellular or cordless telephones or other wireless devices to conduct your transactions with us. Confidential account information can be intercepted over airwaves without your knowledge or authorization. Electronic Mail. If you choose to use unencrypted electronic mail to communicate with us, you agree to modified, garbled, hacked, or its confidentiality may be breached by a third party; and that you will bear risk that we will rely on such mail, which appears to be from you but which is unauthorized; and that such reliance will result in a loss. Protecting your checks. To safeguard against potential misuse of your account, never leave unused checks, check stock, signature plates or passwords out in the open or in an easily accessible location. These items can be stolen or misused, so it is important for you to keep them locked in a safe place, preferably under dual control. When discarding checks, ensure that they are properly destroyed by shredding or other means so that they cannot be copied or used. If unused checks disappear, either individually or several at a time, call us immediately at the telephone number on your account statement. We may recommend If we recommend you close your account and you do not do so, we are not liable to you for subsequent losses on the account. You must notify any third parties that need to know your new account number. By taking prompt action, you help us protect your account. In addition to the precautions that you can take, we may make available certain products and services that are designed to detect and /or deter check fraud, and to reduce the likelihood that a fraudulent unauthorized or altered check or other item will be paid. You acknowledge that your failure to use such products and services could substantially increase the likelihood of You agree that if you fail to implement any of these products or services, or you fail to follow these and 13 other precautions reasonable for your particular circumstances, you will be precluded from asserting any claims against us for paying any unauthorized, altered, counterfeit or other fraudulent item that such product, service or precaution was designed to detect or deter, and we will not be required to re -credit your account or otherwise have any liability for paying such item. We may deny a claim or monetary loss due to forged, altered or unauthorized checks, if you do not guard against improper access to your checks. When you write checks, you agree to use a dark colored permanent ink, make sure the written and numeric amounts match and are readable, and ensure there are no blanks or open spaces in the places where words and numbers are to be inserted. Check processing. We receive checks in great volume and process them for payment by automated means. We do not individually examine most checks. It is critical for you to take care of your checks, promptly review your statement, and immediately report any fraudulent activity to us. Helping to prevent fraud. Fraud can be a serious problem for businesses. To help you prevent embezzlement and other types of fraud, and to protect your business assets, the following are some of the preventive measures you should consider. • Assign responsibilities for opening mail, reconciling bank statements and issuing checks to different individuals. • Reconcile bank statements as you receive them. • Watch for out -of -sequence checks and checks made payable to cash. • Review your transaction activity for unexpected fluctuations. • Convert as many payments as possible to an electronic format, and subscribe to blocks and filters or other fraud mitigation tools where available. • Use Positive Pay or Teller Positive Pay or Payee Positive Pay service (where available) on all paper disbursement accounts. Failure to use these services may be considered lack of "ordinary care" as defined by the Uniform Commercial Code. Review your Positive Pay exceptions daily and respond to the bank by the published cutoff time. • Make frequent, unannounced audits of your check stock and electronic payment system. • Limit the number of authorized signers, and immediately notify us of any changes in this authority. • Be cautious about giving someone your account number. If you give your account number to a third person and authorize that person to initiate one or more transactions on your account, you may be liable for all transactions initiated by the third person, even if you did not intend to authorize a particular transaction. 14 Page 358 of 830 These suggestions are by no means a complete list of the preventive measures you may take; other or Protection from third parties To the extent permitted by law, you will indemnify us against and hold us harmless from and defend us against any and all liabilities, claims, costs, expenses and damages of any nature (including legal expe arising out of or relating to disputes or enforcement laws, fines or rules, legal actions, by parties other than Vou and us concerning any Service. The obligations contained in the preceding sentence will continue afte a Service you are using is terminated. This section does not apply to any cost or damage attributable to o ,dross negligence or intentional misconduct. I Aesolving disputes or controversies If you or we request, any controversy or claim ("controversy") concerning your deposit account relationship with us or your use of any service described in this Agreement, including any claim based on or arising from an alleged tort, will be determined by arbitration, reference, or trial by a judge, as provided below. A controversy that involves an amount in dispute of less than $1 Million — except for a dispute or ............. 15 Page 359 of 830 AGREEMENT PRECLUDES YOU AND US FROM HAVING THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY FORM OF CLASS ACTION OR ANY OTHER LITIGATION FILED IN COURT BY OTHERS. Arbitration. Since this Agreement touches and concerns interstate commerce, an arbitration under this Agreement will be conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of law provision in this Agreement. Arbitration, including selection of an arbitrator, will be conducted in accordance with the then -current rules for arbitration of the American Arbitration Association ("AAA"). You may contact the AAA at 800.778.7879 to obtain rules and forms to initiate arbitration or visit their Website at www.adr.org for more information. If the AAA is unable or unwilling to serve as the provider of arbitration or to enforce any provision of this Resolving Disputes section, we may substitute another national arbitration organization with similar procedures. The arbitrator(s) will follow the law and will give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable will be determined by the arbitrator(s). The award of the arbitrator(s) will be in writing and include a statement of reasons for the award. The award will be final. Judgment upon the award may be entered in any court having jurisdiction, and no challenge to entry of judgment upon the award will be entertained, except as provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice. Judicial reference or trial by a judge. If you or we request, any controversy concerning your deposit account relationship with us that is not submitted to arbitration as provided above will be determined by reference to a referee appointed by the court who, sitting alone and without a jury, will decide all questions of law and fact. The referee will be an active attorney or retired judge. If the court where the controversy is venued lacks the power to appoint a referee, the controversy instead will be decided by trial by a judge without a jury. Self-help and provisional remedies. Either you or we may exercise self-help remedies (such as setoff or obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or reference. Neither the obtaining nor the exercising of any such remedy will waive the right of either party to demand that the related or any other controversy be determined by arbitration or reference as provided above. Jurisdiction and venue. Any arbitration, lawsuit or other proceeding regarding your account must be brought in the state where we opened or, if different, currently maintain your account; and you submit to the personal jurisdiction of that state. 16 Page 360 of 830 oil the deposit insurance determination; that hold will not be released until the FDIC obtains the necessary data to enable the FDIC to calculate the deposit insurance. You understand and agree that your failure to provide the necessary data to the FDIC in a timely manner may result in a delay in receipt of insured funds and legal claims against you from the beneficial owners of the funds in the account. Notwithstanding other provisions in this Agreement, this section survives after the FDIC is appointed as our receiver and the FDIC is considered a third party beneficiary of this section. 17 Page 361 of 830 Checking and money market savings accounts We offer a variety of business checking and money market savings accounts. Our non-interest-bearing and interest-bearing checking accounts are for businesses, including non-profit organizations and sole proprietorships and government entities, that qualify for our deposit services and have unlimited activity. Our money market savings accounts are for businesses, including non-profit organizations and sole proprietorships, that qualify for our deposit services and have limited transact ons. Account conversions We may either close your account or convert it to another type of account, when we consider it appropriate or necessary to do so. As examples, we may close, revoke privileges, or convert your account to another account type if: • You frequently exceed the transaction limits on a money market savings account. • Your account frequently has debits against uncollected funds. • Your account has excessive deposit activity. If we convert your account, we may send you information about your new account. Interest-bearing accounts are converted to non-interest-bearing accounts. Transaction limits for money market savings accounts For all money market savings accounts, you may make an unlimited number of withdrawals from your account and transfers to your other Bank of America deposit accounts each statement period, at one of our banking centers or by mail. Deposit Agreement and Disclosures limits you to six transactions each monthly statement cycle (each month for a quarterly statement cycle) from among the following: • Pre authorized transfers from your account • Telephone transfers from your account. Telephone transfers include instructions sent to us by facsimile or data transmission. Our practice is to monitor the number of limited transactions. If you are counting the number of transactions you make each statement period, you should know that we count an item on the date we post it to your account. This date may be different than the date you authorize, transfer or write the item, which means the item may not be counted until a later statement period. If you frequently exceed the transaction limits, we may revoke your privileges on that account or convert it to 18 Page 362 of 830 another type of account. (See "Account conversions' in this Agreement.) For some accounts, we may charge you a fee for each transaction that exceeds the limits described above. Werest on your funds If you have an i nterest-bea ring checking or money O I All MORN I I W^ i U11WICHL 9 b 01 dMUMILb. N 1101CHL la-Utti-[ different tiers. We provide you with a statement when there is activity on your checking or money market savings account. When there is no activity on your account, we may choose not to provide a statement. You must promptly review your statement and any accompanying items and notify us immediately of any dispute, error or other problem. We mail your statement and accompanying items, if any, to you at the address we have in our records for your account, unless we have agreed to provide statements electronically, If you use a website or other information reporting channel, you may receive a statement electronically, unless you opt out. If you 19 Page 363 of 830 reserve the right to switch you to receipt of electronic statements unless you notify us that you wish to opt out. If you are receiving, have been switched by the Bank or have elected to receive an electronic statement through a Website or other information reporting channels, we reserve the right to suppress the mailing of your paper statement and accompanying items. You may opt out of suppression by contacting your bank representative. We may elect to charge you a fee for receiving the statement electronically and through the mail. Refer to the Electronic statement section for additional information on electronic statements. You agree to notify us if you change your address including Client Email. We are not responsible for checks or statements lost while not in our possession. We may destroy statements and accompanying items that are sent to you and returned to us as being undeliverable. If one or more statements are returned, we may stop sending statements and accompanying items until a new address is provided to us. Statements that are received at a banking center are deemed to be delivered to you at the time that they are received at the banking center. We provide a single statement. You may generally obtain an additional copy of your statement, or an interim "snapshot" statement, for a fee. For all checking accounts and money market savings accounts, we provide you with a monthly statement, unless you and we agree to a different schedule. Statement periods generally vary from 28 to 33 days and may end on different days during the month. For analyzed business checking and money market savings accounts, we provide an additional monthly account analysis statement. This statement includes balance and float information, an itemization of services used during the period, fees and charges for these services, and the earnings allowance, if any. We may give you or make available a brochure that describes this statement and the method for computing your charges and fees. The time frames and terms set forth in this Agreement under "Examining statements and reporting problems" will also apply to your account analysis statement. You and we agree that if you use one of our other electronic information reporting channels, and we provide statements through that channel, that information is made available at the time it is posted. Combined statements With combined statement service, where available, we provide a single statement that reports activity for all accounts linked for this service, instead of separate statements for each linked account. Accounts with at least one common owner may be linked and reported on a combined statement, either 20 Page 364 of 830 This section contains additional provisions that apply to your corporate deposit account and describes other services we offer, where available, for use with your account. You agree to provide us with such information as we may request, including financial information, in connection with your use of a service. If at any time we believe (i) that our provision of any service to you may create a risk of financial loss for us or result in an unacceptable credit exposure to us, or (ii) that an account associated with any service may be subject to irregular, unauthorized, fraudulent or illegal activity, we may, in our sole discretion, suspend or modify our provision of any such service until such time that such risk, exposure, or activity is eliminated or otherwise resolved. You and we agree that if you use one of Il; electronic information reporting channels, and we provide statements/ reports through that channel, that information is made available at the time it is posted. This service helps you reconcile and manage the activity in your demand deposit account with us. Detailed information regarding this service is available in the Account Reconcilement user documentation. Your use of this service does not affect any of your 21 Page 365 of 830 obligations, which are described in this Agreement, to discover and report unauthorized signatures, alterations or endorsements on checks drawn on your account. Your use of this service or our receipt of information associated with this service does not increase our duty with respect to your account and the payment of checks. To request this service, ask your account representative. Automatic transfer service This service may not be available on some accounts. You may have funds transferred automatically from most checking or savings accounts with us to another checking or savings account with us or to pay a loan or credit card account or safe deposit rental fee with us. Federal regulation and this Agreement place limits on the number of automated transfers you may make from savings accounts each month. Please see "Transaction limits for money market savings accounts". Certain other restrictions apply. You must schedule transfers to pay a loan with us for the due date each month. In most other cases, you may schedule transfers periodically on the dates and for the amounts that you specify. Transfers can only be made on a business day. If a scheduled transfer date falls on a weekend or bank holiday, we may make the transfer on the next business day. If we are unable to complete a transfer because you do not have enough available funds in your account, we may cancel this service. Automated Clearing House (ACH) blocks and authorization services This section applies only to ACH blocks and authorization services for Entries received in the United States of America. With the ACH blocks and authorization services, you provide us with the authorization criteria for Entries you desire to receive for debit or credit to your account. We return automatically any Entry which does not meet your criteria. We may also return an Entry for any reason that an Entry may be returned under the National Automated Clearing House Association ("NACHA") Rules. The ACH blocks and authorization services will not apply to Entries settled against your account that are originated under our ACH Services that we provide to you. We may also pay any Entries, reversals or adjustments which we are required to accept under the NACHA Rules, operating circulars or any other applicable rule, guideline or regulation. You provide authorization criteria in a manner and form acceptable to us. In your authorization criteria, you may specify a maximum amount or a fixed amount for the 22 Page 366 of 830 Entries. In either case, you must specify the amount in dollars and cents. You agree to comply with the NACHA Rules for all Entries. Under the NACHA Rules, credit Entries are provisional and may be revoked prior to final settlement. 44 we do not receive final settlement, we may charge your account for any amount credited. The person who sent the credit Entry is considered not to have paid you. If this happens, we do not send a separate notice; we notify you of these credits and charges on your account statement. When an ACH blocks and authorization service is terminated for any reason, we will no longer be obligated to monitor Entries against your authorization criteria; and we will receive, and accept, or return Entries to your account in accordance with our normal procedures. You still have the right to return Entries in accordance with the 1JACW1 rules. ACH debits and credits From time to time, originators that you authorize may send automated clearing house (ACH) credits or debits for your account. For each ACH transaction, you agree that the transaction is subject to the National Auto- mated Clearing House Association (NACHA) Operating Rules, and as applicable, the U.S. Department of the Treasury (Green Book), and any local ACH operating rules then in effect. You agree that we may rely on the representations and warranties contained in these operating rules and either credit or debit your account, as instructed by the originator of the ACH transaction. You acknowledge and agree that if you request Bank of America to transmit an ACH return transaction in con- nection with any problem, including a claim of erroneous or unauthorized ACH debit posted to your account, the related originating depository financial institution has no obligation to accept that return transaction if the return request is not made within the applicable time frame set forth in the NACHA Rules, and even if such time frames are shorter than the time frame stated in this or other Sections of this Agreement. Bank of America may respond to your reported problem and attempt to tion even if it is submitted to us beyond the NACHA time frames; however, we do not guarantee that we will be able to help you. In some cases, depending on the facts, your claim may not be honored and you could incur a loss. You should be careful about giving of your account number to help prevent unauthorized transactions on your account, and utilize blocks and authorizations services if available, You must notify us immediately of unauthorized activity. For information 23 Page 367 of 830 about stopping payment of an ACH transaction, see Stop payment orders in this Agreement. Automated Clearing House (ACH) review service See "Information reporting services" in this Agreement. Cash transactions reporting Federal law requires us to submit a Currency Transaction Report to the Internal Revenue Service (IRS) for any cash transactions of more than $10,000 and for multiple cash transactions you perform that total more than $10,000 on any one day. This information aids federal authorities in controlling the flow of cash generated from illegal activities. We usually prepare the report when the transaction occurs. We are required to obtain certain information about the individual who performs the transaction and the individual or organization for whom the transaction is being performed. We include the individual's and/ or organization's full name; permanent street address; Taxpayer Identification Number (TIN); driver's license or major credit card number; and business, occupation or profession. Federal law makes it a crime for a person to cause a financial institution to file an incorrect report or for a person to arrange or structure a transaction specifically to avoid this reporting requirement — for example, by breaking a single cash deposit of more than $10,000 into several smaller cash deposits. Check cashing Check cashing services may not be available at some banking centers. If a payee of a check you have issued wants to cash the check in one of our banking centers, we may require identification satisfactory to us. If the payee does not have a deposit relationship with us, we may also require a fingerprint before we cash the check; and we may charge the payee a fee for cashing the check. From time to time, we may also impose other requirements that we consider appropriate. For example, we may refuse to cash the check at any banking center other than the address displayed on the check. If the payee fails or refuses to satisfy our requirements, we may refuse to cash the check. We have no liability to you for refusing to cash the check or charging a check cashing fee. Check handling Check truncation. We report on your statement information about canceled checks (check number, amount, and date posted) that posted to your account during the statement cycle. You do not receive your 24 Page 368 of 830 canceled checks or other paper items paid against your account. Checks are deemed to be made available to you at the same time your statement is made available. We store copies (digital image or other media storage channels) and destroy the items. Copies are generally available for seven years from the date paid. If you usually receive your checks and other paper items with your statement but we are unable to return them because of circumstances beyond our reasonable control, we may convert your account to the check persist. (See "Circumstances beyond our control" in this Agreement.) We may also convert your paper statement, to an electronic statement. (See "Electronic Statements" in this Agreement.) Requesting copies. You may request a copy of a canceled check, or other paper items paid against your account, online via one of our information reporting *- I �WMT*9LAF1'MfADV statement or by asking your account representative. Generally, we mail or make a copy available within seven business days. We may charge you a fee for providing copies. For some accounts, you receive a monthly allowance of copies. The fees are described in the list of charges we may make available to you. To produce a copy, we need the following information: • Your account number • The check/serial number • The exact amount 4' 'R " fae the item was paid Unavailable copies. If we cannot provide a copy of a paid item, and you lose money as a result, we may cover the loss up to the amount of the item. We are not liable to you for any special or consequential loss or damage— of any kind. '%'-O"heck legends Some customers print or write legends or restrictions on their checks. Sometimes either you, or the payee - the person to whom the check is payable - prints or writes a legend or restriction on a check. Legends and restrictions include conditions, special or restrictive instructions, and other notations. Some examples are: "not valid after 60 days," "not valid over $1,000" or "paid in full." We may disregard legends and restrictions. We may process or pay the item even if the legend or restriction has not been met. We are not liable to you for any claims, costs, losses or damages that result from the placement of these legends by them. See "Purchasing or creating checks or deposit slips" ir this Agreement. 25 Page 369 of 830 Check transformation services Image cash letter service. The image cash letter service allows you, or a third party acting as your agent, to transmit an image cash letter to us. We may create on your behalf a paper substitute check or image replacement document (IRD) from such electronic image transmission or process via image, as described in the applicable user documentation. Remote deposit service. The remote deposit service truncates, on your behalf, an original paper item and transmits the image and Magnetic Ink Character Recognition (MICR) data of that item for clearing via image exchange or ACH as described in the applicable user documentation. To request the Image cash letter service or Remote deposit service, ask your account representative. Additional service agreements may be required. CHECK 21 Check 21 (the Check Clearing for the 21st Century Act) is a U.S. federal law, which provides that a properly prepared substitute check that meets the requirements for legal equivalence is the legal equivalent of the original for all purposes. A substitute check is the legal equivalent of your original check for all purposes, including under any provision of any federal or state law, and for all persons, if the item: • Accurately represents all of the information on the front and back of the original check, as of the time at which the original check was truncated. • Bears the legend: "This is a legal copy of your check. You can use it the same way you would use the original check." • Includes all endorsements. • Includes the identification of the party creating it. • Otherwise meets the requirements of Check 21 regulations. See "Substitute checks, indemnified copies, images and image replacement documents" in this Agreement. Circumstances beyond our control You agree that we are not and will not be liable to you, and that we are or will be excused from (a) having taken any action, (b) failure to perform, or (c) delay in performing, our obligations regarding this Agreement, if such action, failure or delay is caused by circumstances beyond our control, including but not limited to, (i) a natural disaster, such as an earthquake, hurricane, storm or a flood; (ii) an emergency condition or situation, such as a war, riot, acts of terrorism, civil unrest, insurrection, fire, theft, labor dispute, power failure; (iii) a plague, epidemic, pandemic, quarantine, lock down or shelter -at-home order (including without limitation any 26 Page 370 of 830 JOB RIM'' 511AM WWA1HSLd11(;C5)- -(11:) UrGIF11SWUMS L11dL IWI-41 HTU:Tp cause us to violate any law, court order, arbitral decision or governmental rule, regulation, guideline or constraint; (v) the breakdown or failure of our equipment (including as a result of sabotage, computer virus or hacking); (vi) the breakdown of any private or common carrier Client -encoded deposits You may want to encode the dollar amount of checks on the MICIR (Magnetic Ink Character Recognition) line of items you deposit with us. We permit this under certain circumstances, and we provide you with instructions for preparing and encoding your deposits. We are not liable for any claims, costs, losses, or damages you may incur when you encode your own items. You must be able to provide us with replacements or copies of the original checks, if the deposit is lost or destroyed. We are not liable to you if you are not able to do so. If our equipment is unable to read what we consider to be a significant number of your encoded items, we may impose additional charges, as described in the list of charges we give you. If you make an encoding mistake that results in costs or losses to us, you agree to reimburse us for the costs or losses, including reasonable attorneys' fees we mMy incur. 111e may accept certain items — such as securities and checks payable in foreign currencies or at foreign locations — on a collection basis only. We route and process these items separately. We normally credit your account for these items only after we receive payment for them; but if we do credit your account and then do not receive payment, we may be your account. We may charge fees for processing collection items. The fees apply even if the collection item is returned unpaid. The fees are described in the list of charges we may make available to you. The financial institution on which the item is drawn may also charge you fees. If the other financial institution requires payment of a fee before that 27 Page 371 of 830 institution will process the collection item, we may pay the fee and charge you. Otherwise, the other financial institution may subtract its fee from the amount of the payment they remit. These fees apply even if the item is returned to us unpaid. When another financial institution submits an item drawn on your account to us on a collection basis, we charge the other financial institution a fee. When you do not have enough funds in your deposit account for us to process a collection item drawn on your account, we may charge you an insufficient funds fee. (See "Overdrafts and insufficient funds" in this Agreement.) Death or incompetence You agree to notify us promptly if any owner or authorized signer on your account dies or is declared incompetent by a court. Until we receive such notice of death or incompetency, we may act with respect to any account or services as if all owners, signers or other persons are alive and competent and we will not be liable for any action or inaction taken on that basis. We may place a hold on your account and refuse to accept deposits when an owner dies or is declared incompetent. We may retain any funds in your account until we know the identity of the successor. Deposit error correction When we receive your deposits, we may provisionally credit your account for the amount declared on the deposit slip, or other deposit record, subject to later verification by us. You must ensure that the amount declared on the deposit slip or other deposit record is correct, even if you did not prepare the deposit slip or other deposit record. If we later determine that the amount declared on the deposit slip or other deposit record is incorrect, we may adjust (debit or credit) your account. However, if the error in completing the deposit slip or other deposit record was inadvertent and is less than our standard adjustment amount, we may not adjust your account, unless you notify us of the error within one year of the date of your periodic statement that shows the deposit. After this notice period has passed without your bringing an error to our attention, the deposit amount indicated on the statement will be considered finally settled. That is, if the actual amount deposited was less than the amount declared on the deposit slip or other deposit record, the difference will become your property; and if the actual amount deposited was more than the amount declared on the deposit slip or other deposit record, the difference will become our property. We may change our standard adjustment amount from time to time without notice to you. 28 Page 372 of 830 Electronic statements You may elect to receive account statements and other information relating to account activity or services, Va iTsa-cfwra�-mtMty—d with the Bank and/or its affiliates ("Statements") electronically. We may at our option discontinue the delivery of the paper statement if you are receiving, have been switched by the Bank, or have elected to receive an electronic statement through a Website or other information reporting channels. If you request to receive both paper and electronic statements, we may charge an additional fee. You and we agree that if we M -- MIMI 11VcfAC--dT-dWd-$;TC�--dL LTIZ�-U[116 IL 1b P--O)bLCU TrI LFIC dPX11(;&c1C Website or channel. Endorsing checks We may endorse checks for you that we receive for deposit. We may cash or deposit all checks payable to any authorized signer on your account when endorsed by any other authorized signer. We restrict both how you endorse checks that you ask us to cash or deposit and what you may place or have preprinted on the back of your checks. You must endorse checks in the area that is 11/2 inches from the trailing edge of the back of the check. The trailing edge is the left side of the check when you look at it from the front. You must also confine information that you place or described above. You may not place or imprint any endorsements of any kind outside the area described above. If any information or endorsement you place or print obscures our bank's endorsement, you are liable for checks that are returned late and unpaid. Examining checks We receive checks in great volume. This and compliance with expedited funds availability laws require us to use automated check processing procedures. other items from time to time, reasonable commercial standards do not require us to do so. We select some checks for review based on certain criteria that change from time to time. This means that most checks are processed on the basis of MICR line printed along the bottom edge of the check, and are not individually examined for dates, maker signatures, legends or endorsements. You agree that we will have exercised ordinary care if we examine only those items that we have identified according to the criteria that we may establish in our discretion for inspection. If we do visually review any check or other item, we may 29 Page 373 of 830 disregard any restrictive instructions or notations. We may return the item unpaid if, in our opinion, it does not bear a signature matching any specimen signature we have on file for your account. You agree, however, that we will not be liable to you for honoring any check or other item bearing a signature that, in our sole opinion, resembles the specimen signature on file with us. Since we do not individually examine most checks, it is critical for you to take care of your checks, promptly review your account statement, and immediately report any suspicious or unauthorized activity to us. You agree that automated processing of your checks is reasonable and that you accept responsibility for preventing and reporting forgeries, alterations, and other unauthorized uses of your checks or accounts. You agree that the exercise of ordinary care will not require us to detect forgeries or alterations that could not be detected by a person observing reasonable commercial standards Since some types of check fraud have become more difficult to detect, we may elect in some cases to make further inquiries about certain checks or other items that are presented for payment against your account. If we are unable to contact you, or take other steps, to determine with reasonable certainty that you authorized these payments, we may either pay the checks or other items or return them unpaid without any liability to you. Examining statements and reporting problems This section applies to any problem or unauthorized transaction on your account, except electronic transactions that are subject to Regulation E. You agree to promptly and carefully review your statement and any accompanying items and/or images. You must report problems or unauthorized transactions to us immediately, by calling the telephone number on your statement. You agree that 60 days after we send a statement and/or items and/or images (or otherwise make them available) is the maximum reasonable amount of time for you to review your statement and/ or items and/or images and report any problem or unauthorized transaction related to a matter shown on the statement and/or items and/or images. In addition, if you do not notify us in writing of suspected problems or unauthorized transactions within 60 days after we send (or otherwise make available) your statement and/ or items and/or images, you agree that you cannot make a claim against us relating to the unreported problems or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your account. There are exceptions to the 60 day period. For all deposits or transactions made via cash vault processing (which may include Quick Business Deposit, Night Depository, Remote Night Depository and ATM Depos- 30 Page 374 of 830 damages on the account due to forgery, fraud or other unauthorized use. When you open a new account, you are responsible for notifying any third parties that need to know your new account number. If you report to us that a forgery, alteration or other unauthorized transaction has occurred on your account, you agree to provide us with an affidavit containing the information we require concerning the transaction. Any failure by you to do so may result in a denial of your claim. You also agree to cooperate with us in the investigation of your claim and any attempt to recover funds, including identifying and processing the suspected wrongdoer(s). If you fail to exercise ordinary care and that failure contributes to an alteration of your check or to the making of a forged signature on your check, you are precluded from asserting the alteration or the forgery against a person including us, who, in good faith, pays the check or takes it for value or for collection. If we fail to exercise ordinary care in paying or taking the instrument and that failure contributes to the loss, the loss is allocated between you and us, to the extent to which the failure of each to exercise ordinary care contributed to the loss. You agree that we have a reasonable period of time to investigate the facts and circumstances surrounding 31 any claimed loss, and that we have no obligation to provisionally credit your account. Our maximum liability is the lesser of your actual damages proved or the amount of the missing deposit or the forgery, alteration or other unauthorized withdrawal, reduced in all cases by the amount of the loss that could have been avoided by your use of ordinary care. We are not liable to you for special or consequential losses or damages of any kind, including loss of profits and opportunity, or for attorneys' fees incurred by you. You agree to immediately give us notice of any claim you may have against us. You agree to pursue all rights you may have under any insurance coverage you maintain, before pursuing such claim against us, in connection with any transaction involving your accounts. You also agree to provide us with all reasonable information about your coverage, including the name of your insurance carrier, policy number, policy limits and applicable deductibles. Our liability is reduced by the amount of all insurance proceeds you receive or are entitled to receive. At our request, you agree to assign to us your rights under your insurance policy. Facsimiles and Other Non -Written Signatures You may wish to use a Non -Written Signature for your convenience. If you choose to use a Non -Written Signature, we may require that you provide us in advance with a specimen Non -Written Signature of each authorized person and/or to execute additional documentation. We will not be liable to you if facsimile device, or other device used to affix your Non -Written Signature, was unauthorized. You are responsible for any withdrawal from your account that bears or appears to us to bear your Non -Written Signature, regardless of by whom or by what means the Non -Written Signature was placed on the check. If you choose to use a Non -Written Signature, you are responsible, and we may pay a withdrawal and debit your account for any such withdrawal, even if (i) you have not presented us with a specimen signature; (ii) the size, color or style of the check is different from that of the check you normally use; or (iii) the size, color or style of the Non -Written Signature differs from the Non -Written Signature specimen you provided. You agree to compensate us for all losses, claims, damages or expenses, including reasonable attorneys' fees, that result from our payment of a withdrawal bearing a Non - Written Signature that resembles either the specimen or other Non -Written Signatures provided by you. You are responsible for taking security measures and implementing procedures to prevent the forgery, theft or fraudulent or unauthorized use of your Non -Written Signatures. 32 Page 376 of 830 7oreign currency checks You may not write checks or give other withdrawal orders on your account, which order payment in foreign currency. If we receive such a check or order, we may refuse to accept or process it without any liability to you. 7oreign exchange transactions If we assign a currency exchange rate to your foreign exchange transaction, such exchange rate will be determined by us based upon market conditions. We consider many factors in setting our exchange rates, including and without limitation: exchange rates charged by other parties, desired rates of return, market risk and credit risk. You acknowledge that exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and I' weekends, are different from the exchange rates for large inter -bank transactions effected during the business day, as reported in The Wall Street Journal or elsewhere. Exchange rates offered by other dealers, or shown at other sources (including online sources) may be different from our rates. We do not accept any liability if our rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media (bank- notes, checks, wire transfers, Funds availability: When funds are available for withdrawal We may negotiate a separate funds availability agreement with you. If we do not do so, then the following funds availability terms will apply to your account. Your ability to withdraw funds. Our policy is to make funds from electronic direct deposits, cash and incoming wire transfers available to you on the day we receive the deposit. Our general policy is to make funds from check deposits available to you no later than the M""' -44 Once they are available, you can withdraw the funds in cash; and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays; Sundays, and federal holidays. If you make a deposit at a banking center before 2:00 p.m. local time, or such later time as may be posted at that banking center, on a business day that we are open, we consider that day to be the day of your deposit. However, if you make a deposit in a banking center after such time, or on a day when we are not open, we consider that the deposit was made on the next business day we are open. 33 Page 377 of 830 Other deadlines may apply for deposits made through other channels or not in person. Government, official and other special types of checks. If you make a deposit in person to one of our employees, and meet the other conditions noted below, our policy is to make funds from the following types of deposits available no later than the first business day after the day of your deposit: • U.S. Treasury checks that are payable to you • State and local government checks that are payable to you and are deposited to an account in the same Federal Reserve District that issued the check • Cashier's, certified and teller's checks that are payable to you Other delays may apply. There are other situations that may affect funds availability. Depending on the type of check that you deposit, we may place a hold on certain checks and not make funds available until the fifth business day after the day of your deposit. In such a case, we generally notify you at the time you make your deposit. We also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we mail you the notice by the next business day after we receive your deposit. If you need the funds from a deposit right away, you should ask us when the funds will be available. In addition, we may delay the availability of funds you deposit by check for a longer period under the following circumstances: • We believe a check you deposit will not be paid. • You deposit checks totaling more than $5,525 on any one day. • You redeposit a check that has been returned unpaid. • You have overdrawn your account repeatedly in the last six months. • There is an emergency, such as failure of communications or computer equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit. Cash withdrawal limitation. If we delay availability of your deposit, we place certain limitations on withdrawals in cash or by similar means. In general, $225 of a deposit is available for withdrawal in cash or by similar means no later than the first business day after the day of deposit. In addition, a total of $450 of other funds becoming available on a given day is available for withdrawal in cash or by similar means at or after 5:00 p.m. on that day. Any remaining funds will 34 Page 378 of 830 be available for withdrawal in cash or by similar means on the following business day. Similar means include electronic payment, issuance of a cashier's or teller's check, certification of a check, or other irrevocable commitment to pay, such as a debit card transaction. Holds on other funds. If we cash a check for you that is drawn on another financial institution, we may withhold the availabilitipr of a corres7,to adine.-amot tnt-ct-fttnds-tJk-A— are already in your account. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your ability to withdraw a corresponding amount of funds that you have on deposit in another account with us. In either case, we make these funds available in accordance with our It licy described above for the type of check that was cashed or deposited. Special rules for new accounts. If you are a new customer, the following special rules may apply during the first 30 days after the account is open. Funds from electronic direct deposits to your account are available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks are available no later than the first business day after the day of your deposit, if the deposit be payable to you and deposited in person to one of R ur employees. The excess over $5,525 is available by the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit. Funds from all other check deposits are generally available by the ninth business day is the day of o' 4• However, we may place longer holds on certain items for other reasons, such as large deposits. (See "Other delays may apply" in this section.) Funds transfer services A funds transfer is the process of carrying out a payment order that leads to paying a beneficiary. The payment order is the set of instructions you give or we receive regarding a funds transfer. The beneficiary is the person who receives the payment. The following provisions apply to funds transfers you send or receive through us. If you have a specific agreement with us for these services, these provisions supplement but do not contradict that agreement. The terms "funds transfer"payment order" and 11 RMIORRIMM11 35 Page 379 of 830 as adopted by the state whose law applies to the account for which the funds transfer service is provided. We may charge fees for sending or receiving a funds transfer. These fees are described in the list of charges we may make available to you. A cross -currency funds transfer may be converted by any originating, intermediary or receiving bank, payment system or payment service provider, including Bank of America or an affiliate, as applicable. Bank of America or its affiliate, as applicable, include a mark-up or fee on cross -currency foreign exchange conversions and we and/or an affiliate may profit in connection with any such currency conversion. Fedwire. Fedwire is the electronic funds transfer system of the U.S. Federal Reserve Banks. When you send a payment order or receive a funds transfer, we or other banks involved in the funds transfer may use Fedwire. If any part of a funds transfer is carried out by Fedwire, your rights and obligations are governed by Regulation J of the U.S. Federal Reserve Board. Sending funds transfers. You may subscribe to certain services we offer, or you may give us other instructions to pay money or have another bank pay money to a beneficiary. This "Sending funds transfers" section applies to wire transfers and transfers we make between Bank of America accounts. It does not apply to Automated Clearing House ("ACH") system funds transfer services. You may only give us payment orders for ACH system funds transfers (where ACH services are available) if you have a separate agreement with us for these services. For blocking or filtering ACH receipts, see "Automated Clearing House (ACH) blocks and filters services in this Agreement. You are solely responsible for ensuring that payment instructions that are sent on your behalf are valid instructions authorized by your organization. While we may in some circumstances implement internal controls to monitor customer payments, including mechanisms that may evaluate the risk of possible fraudulent activity, such monitoring is done solely at our discretion and is not a component of the Security Procedures. You hereby acknowledge that we do not guarantee or ensure that such monitoring will be effective in preventing frauds against your accounts and agree that we may process payments verified by the Security Procedure regardless of the results of transaction monitoring. We will be considered to have acted in good faith and in compliance with the Security Procedures, regardless of the results of transaction monitoring. Security Procedure You agree to use the applicable security procedure as described in the Materials in connection with your 36 Page 380 of 830 UAW11#11-011" OWWO01144' 11 IN kl"lrmqy-iv or revers Is thereto; and (ii) any instructions, data, transactions or other information sent between you and us (collectively, for this section of the agreement, "transactions"). The purpose of the security procedure is to verify the authenticity of any such transactions between you and us or our third party processor and not to detect any errors in the transmission or content of any such transactions. Each time you use a Service, you represent and warrant that, in view of your requirements, the security procedure is a satisfactory method of verifying the authenticity of any such transactions. You agree that we or our third party processor may act on any transactions, the authenticity of which we or our third party processor, as applicable, have verified through use of the security procedure. You agree that we may act on transactions, including, without limitation, electronic funds transfers and payments requests, even if they are unauthorized, if we act in good faith and comply with the applicable security procedure and any written agreement with you restricting our action on such transactions. In such cases, we may enforce or retain your payment to us for such transactions; provided, however, we may not enforce or retain payment if you prove that the n-it-Gaist7t (i) entrusted at any time to act for you with respect to any such transactions or the applicable security procedure, (ii) who obtained access to your premises, computer equipment or transmitting facilities or (iii) who obtained, from a source controlled by you, information (such as keys and passwords) which facilitated breach of the applicable security procedure. You have sole responsibility for the custody, control and use of all Materials. You agree that no individual will be allowed to initiate a Request or other instruction contemplated in this Agreement or to have access to any Materials without proper supervision and strict security controls. We will be fully protected in relying on the correct user identification codes and passwords, described in the relevant User Documentation. Cutoff times for payment orders. We have cutoff times for processing payment orders. Cutoff times vary depending on the particular office of our bank and the type of payment order. We may treat payment orders we receive after a cutoff time as if received the next banking day. We tell you our cutoff times upon request. Amending or canceling payment ordem You may not amend or cancel a payment order after we receive it. If you ask us to do this, we may make a reasonable 37 Page 381 of 830 effort to act on your request, if your request is timely and if we verify the request using the applicable security procedure. However, we are not liable to you if, for any reason, a payment order isn't amended or canceled. You agree to reimburse us for any costs, losses or damages that we incur in connection with your request to amend or cancel a payment order. Identifying beneficiaries and banks. The beneficiary's bank may make payment to the beneficiary based solely on the account or other identifying number, even if the name on the payment order differs from the name on the account. We or an intermediary bank may send a payment order to an intermediary bank or beneficiary's bank based solely on the bank identifying number, even if the payment order indicates a different bank name. Sending payment orders. We may select any intermediary bank, funds transfer system or means of transmittal to send your payment orders. Our selection may differ from that indicated in your instructions. Notice of rejection. We may reject payment orders. We notify you of any rejection orally, electronically or in writing. If we send written notices by mail, we do so by the end of the next banking day. We are not liable to you for the rejection or obligated to pay you interest for the period before you receive the notice of rejection. Errors or questions about your payment orders. We notify you about funds transfers by listing them on your account statement. In some cases, we also may notify you electronically, in writing or by a report produced through one of our information reporting services. You must notify us at once if you think a funds transfer shown on your statement or notice is incorrect. You must send us written notice, including a statement of relevant facts, no later than 14 days after the date you receive the first notice or statement on which the problem or error appears. If you fail to notify us within this 14 -day period, we are not liable for any loss of interest because of an unauthorized or erroneous debit, or because your statement or notice is incorrect. We are not required to compensate you, and we are not required to credit or adjust your account for any loss of interest or interest equivalent. Compensation. If we are obligated to pay for loss of interest that results from our error or delay regarding your payment order, we calculate compensation as follows: • For an analyzed account, we credit the account to reflect the applicable value date or otherwise adjust the account under our account analysis procedure, to recalculate earnings credits for the period involved. • For a non -analyzed, non-interest-bearing account, we 38 Page 382 of 830 39 Page 383 of 830 If you are expecting a funds transfer and want to find out if it has been credited to your account, call us at the telephone number on your statement or ask your account representative. We are not obligated to pay you interest for the period before you receive notice. Posting your customers' payments. We credit to your account any electronic payments (such as bill payments) that we receive from your customers. If you do not apply a payment to an account of your customer, you must promptly return the payment to us. Image cash letter services See "Check transformation services" in this Agreement. Image statement With the service you do not receive your cancelled checks or other items paid against your account. We generally destroy the items, and instead we provide you with images of the items on your paper/electronic statement or other statement. We offer a Front Only Image Statement and a Front and Back Image statement. We reserve the right to change the number of images that appear on your statement without notice to you. When you use this service, checks are deemed to be made available to you at the same time your statement is made available. Information reporting services Our Information Reporting Services make certain account, transaction and related information available to help you control and manage your accounts. This may include information generated from other services you use. You may have information reported directly to you or, with certain of our Information Reporting Services, reported at your direction to another financial institution or other entity. Information reported on a current day basis is subject to updating and, therefore, at any point in time may not reflect the information on our records at such time. In addition, such information may be subject to adjustment upon final posting. Detailed information regarding an Information Reporting Service is available in the applicable user documentation. To request Information Reporting Services, ask your account representative. Accounts of other companies. You may elect to have accounts of another company/organization reported to you with any of our Information Reporting Services. You agree that, for each such account, the company/ organization will provide us with its written authorization, in a form acceptable to us, for us to make its account information available to you. However, you do not need to provide us such written authorization Page 384 of 830 information as strictly confidential and you shall not disclose it to any person outside your company or to any persons within your company except those who have a need to know. Further, you shall ensure that adequate measures have been taken to prevent the unauthorized use of any such third -party information. You agree that you will not use any such third -party information for your own purposes other than in a communication to us relating to the Service. Confidential Information. When you subscribe to our information reporting services, we provide you with user identification codes, passwords and the applicable user documentation. This information is confidential. You must safeguard the information and adopt security controls to prevent disclosure of the passwords and codes and unauthorized use of the user documentation. You may not make any copies of the user documentation without our prior consent. Notify us promptly by telephone, confirmed in writing, if any information is lost or its confidentiality is compromised. negal process We may accept and act on any legal process that we believe to be valid without any liability by us to you, whether served in person; by mail; by facsimile transmission; at locations other than the banking center or office at which the account, property or records are held; or in one state for property or records held in another state. "Legal process" includes a subpoena, 41 restraining order, injunction, writ of attachment or execution, levy, garnishment, tax withholding order, search warrant, forfeiture or other similar order relating to your account. Our cutoff time for receipt of a restraining order, writ of attachment or execution, levy, garnishment or similar order relating to your account is 10:00 a.m. local time each banking day. The cutoff time relates to our obligation to pay or return checks and other items. If we receive an order before this cutoff time, we may review checks and other items presented for payment against your account on the previous banking day, to determine whether we need to return any of them to comply with the order. If we receive the order after the cutoff time, we may not review checks and other items presented on the previous banking day. For example, if we receive a levy before the cutoff time and you do not have enough funds in your account to cover the levy, we may return checks or other items presented against your account the previous banking day and apply the funds to the levy. If an order directs us to turn over funds or other property, then, depending on the type of order, we either immediately deliver the funds or property or hold them for a legally permitted period — usually no longer than 21 days. We do not pay interest on the funds during the period we hold them. If we use funds from a time deposit account, we may impose an early withdrawal penalty. We may charge your account a legal process fee for each order. You agree to pay our fees and expenses for research and copying of documents and all other expenses, including administrative expenses, we incur in responding to any legal process related to your account. These may include attorneys' fees. We may deduct these fees and expenses from any of your accounts, without prior notice to you. Any garnishment, attachment or other levy against your account is subject to our right of setoff and any security interest we have in the account. We may produce documents held at, or provide access to property that is located in, any of our facilities or any facility operated by third party on our behalf, even if the facility is not designated as the place to be searched in the legal process. We are not liable to you for not paying items because we have withdrawn funds from your account, or in any way restricted your access to funds, because of a legal process. Lost, destroyed or delayed checks When we cash a check for you or accept a check or other item for deposit or other item to your account, we are acting as your agent in collecting the check or other item. 42 Page 386 of 830 We are not responsible if the check or other item is lost or delayed in the collection process. If a check or other item we cashed for you is lost during the collection process, we may charge your account for the amount of the check or other item. If a check or other item we accepted from you for deposit is lost during the collection process, we may deduct from your account the credit we gave you for the check or other item. You must be able to provide us with replacement a deposit is lost or destroyed. We are not liable to you if you are not able to do so. A lost, destroyed or delayed check or other item may not be returned to us for some time. Despite any delay, we may charge your account when we receive the check or other item, or an image. If a check you wrote or deposited or we cashed for you L,inkt,st, WAd-we-= �,' of the check or an image replacement document, an image, an ACH entry, or a debit slip representing the check or other item, we may charge your account for the amount of the check or other item. Monitoring and recording telephone calls and -lectronic communication We may record or monitor telephone calls between you and us. You authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We need not I►)OYUTr = � I , I Federal regulations require us to retain the right to require all Savings and all NOW account depositors to MY112 TTILHUraffbil. It 15-11111ACIJ, 110TTC1Cr, LrIdL' Alit L his notice. Notification Service Our Notification Services, where available, allow you receive certain types of Notices. The types of Notices relating to a particular Service are further described i the applicable User Documentation. Notices are in addition to and not a replacement of substitution for the Services received by you under th Agreement or any other applicable agreement betwee you and us. As set forth in the User Documentation, your system administrator(s) shall instruct us with respect to your use of Notification Services. You acknowledge and agree that Notices are provide as a convenience as such you (a) acknowledge and 43 Page 387 of 830 agree that you may not rely on the receipt or expected receipt of a Notice, or the contents (or lack thereof) or any Notice, to relieve you of any of your obligations or duties under the terms of this Agreement or such other agreement between you and us. Notwithstanding any terms to the contrary, you agree that we shall not be liable in any case: (i) for any failure to provide, or any delay in providing, any Notice, (ii) if any Notice is intercepted or received by an unauthorized person or entity, and (iii) if any Notice is inaccurate or incorrect in any way. Overdrafts and insufficient funds You can avoid fees for insufficient funds and the possibility of returned items by ensuring that your account contains sufficient available funds for all of your transactions. When you do not have enough available funds in your account to cover a check or other item, we consider the check or debit an insufficient funds item. Whether we return or pay the item depends on a number of factors, including the amount of the item and the past activity in your account. In either case, we charge you insufficient funds fee(s). The insufficient funds fee(s) that apply to your account are described in the list of charges we may make available to you. Funds in your account are not available if we determine that they are subject to a hold, dispute or legal process that prevents their withdrawal. We may without notice to you and in our sole discretion, either return, decline or reject any insufficient funds item unpaid or pay it and overdraw your account. In any case, we overdraw your account to pay an item; you agree to immediately repay us, without notice or demand from us. We may use deposits you or others make to your account to pay overdrafts, fees and other amounts you owe us. You also agree to pay all collection costs and reasonable attorneys' fees. If we pay items by overdrawing your account on one or more occasions, we are not obligated to continue paying any future insufficient funds items. We may stop paying your insufficient funds items without notifying you. When you do not have enough available funds to pay all items on a given day, we may pay one or more items, and return other items, in any order we deem appropriate. We may change our processing order at any time without notice to you. Some processing orders may result in more insufficient funds fees than others. In any case, we may charge you a fee for each insufficient funds item whether we pay, permit, return, decline or reject the item. We may also charge you an overdraft fee for overdrafts created by fees or by deposited items that are returned to us unpaid. For some business accounts, if your account is over - 44 Page 388 of 830 Overpayments and Reversals If funds to which you are not entitled are deposited credited to your account by mistake or otherwise, we may deduct these funds from your account, even if thi causes your account to become overdrawn. If the ] were transferred from your account, we may revers the transfer. We can do this without giving you any notice or demand. Ne may debit your account for a check or other item drawn on your account either on the day it is presente( tM us for payment, by electronic or other means, or on the day we receive notice that the check or item has been deposited or cashed at another financial institution — whichever is earlier. Items include all orders and instructions for the payment, transfer, or withdrawal of funds from your account. As examples, item includes a check, draft, image, substitute check, ACH transaction, pre authorized payment, automatic in-person payment, transfer or withdrawal instruction. you have insufficient funds to cover the check or item, we decide whether to return it or to pay it and overdram your account. (See "Overdrafts and insufficient funds" this Agreement.) We may determine your balance and make our decisic on an insufficient funds item at any time between our receipt of the check, item or notice and the time we must return the item. We are required to determine your account balance only once during this time period When you deposit checks or other items that are drawr on another account with us, we may treat such items as presented to us for payment on the banking day tha they are received by our office that processes checks drawn on the other account. Postdating orders If you write and postdate a check — that is, date the check for presentment on a future date — we may pay it and charge it to your account, even if it is presented for payment before its date. You may ask us not to pay a postdated check before its date, if the check has not already been paid. If you do not want us to pay a postdated check, you must place a stop payment order on it. (See "Stop payment orders" in this Agreement.) rocessing and collecting foreign items We may refuse to accept a foreign item for deposit or collection. If we accept a foreign item for deposit or collection, you assume all the risks relating to or arg 45 Page 389 of 830 from: the collection process, a late return and changes in currency exchange rates. If we accept a foreign item for deposit or collection, we may decide not to credit the value of the foreign item to your account until we receive the proceeds in cleared funds from the paying bank. However, if we do credit your account, the credit is provisional and we may reverse the credit at any time. If we accept an item for deposit which we later deter- mine to be a foreign item, we may decide that the item needs to be sent for collection. If so, we may reverse any credit given for the item and mail the foreign item to you at the address we have for your account state- ment. You may ask us to send the item for collection. When we send a foreign item for collection, you under- stand that the foreign item is sent solely for you and at your risk and that we are not liable for any event in the collection process which is beyond our control. As examples, we are not liable for a default by any bank or agent involved in the collection process or for the loss of the foreign item in transit. We may send the foreign item through a correspondent bank or directly to the paying bank. We may deduct our fees and the fees and charges assessed by the paying bank and any agents involved in the collection process from any amount collected or from your account. If you request, we will try to determine the status of a collection. You agree to pay all fees and charges related to such a request. We may refuse your request if less than 30 business days have passed since we first processed the collection. If a foreign item is returned to us unpaid for any reason at any time or is initially paid but then subsequently returned unpaid, we may charge your account for the foreign item and mail the foreign item to you at the address we have for your account statement. Even though the item is returned unpaid, we may charge you for our collection fees and for fees and charges assessed by the paying bank and any agents involved in the collection process. When we credit your account for a foreign item, we use our applicable currency exchange rate on the day we credit the item to determine the amount of the credit. The foreign exchange rate used to reverse the credit for the foreign currency check may be different from the foreign exchange rate used for the original transaction. This may result in a gain or a loss to you. The final foreign exchange rate and the debit amount are confirmed at the time of the reversal. Processing Transactions and Posting Orders Processing and Posting Orders. Posting transactions to your account impacts your account balance. Posting a credit increases your balance. Posting a debit or hold reduces your balance. We use automated systems to process transactions 46 Page 390 of 830 and then to post transactions to accounts. When we process multiple transactions for your account on the same day, you agree that we may in our discretion determine our posting orders for the transactions and that we may credit, authorize, accept, pay, decline or return credits, debits and holds in any order at our We may accept, pay, or charge checks and other items to your account in any order we choose, at our discretion. We may establish different priorities or categories for checks and other items, and process checks and other items, according to the priorities we establish. As examples, we may process checks in the order we receive them at the processing center, in check number order or in dollar amount order (either from highest to lowest dollar amount or from lowest to highest dollar amount). We may use different methods in different states. We may also use some combinatior of these methods. We may change the order that we use to process checks and other items at any time without notice to you. Even if we provisionally post may treat them as if we received all of them at the end of the day and process them in any order we choose. In many states, we use the dollar amount order and process checks starting with the highest dollar amouni first. When you do not have enough available funds in your account to cover all the items presented that day, this method may allow some of your more important' items to be paid; however, it may also result in more insufficient funds fees than other methods. We may choose our processing method at our sole discretion, regardless of whether additional fees may result. Changing Posting Orders. You agree that we may determine in our discretion the orders in which we posl transactions to your account. You agree that we may determine in our discretion the categories, the transactions within a category, the order among categories, and the posting orders within a category. We sometimes add or delete categories, change posting orders within categories and move transaction types among categories. You agree that we may in our discretion make these changes at any time without notice to you. Debit Categories. We may establish different categories for different types of debits, move debits types among categories, and determine posting orders within each category and among categories. A categor may include more than one type of debit. Some categories may have different posting orders than othe categories. We may change categories and orders within categories at any time without notice. Transactions Made After Business Day Ends. Some transactions that you make late in the day, after our 47 business has ended, are still included in the balance for your account that we use to process your transactions for that day. We show these transactions as posting to your account on our next business day, even though we included them in the balance we use to process your transactions on our prior business. Provisional Credit In connection with any dispute regarding an account, we may choose to credit the account pending completion of our investigation of the matter. If we determine the account is not entitled to such credit, then we may reverse the provisional credit to the account, even if that reversal results in an overdraft. Purchasing or creating checks or deposits slips When you write checks on your checking or money market account, you should use checks that we provide. We offer checks in a number of styles and at various prices. We may subtract from your account any fees for checks you purchase from us. If you create or someone else creates your checks, the checks must meet our check printing specifications. If you create or someone else creates demand drafts or remotely -created checks that are drawn on your account, the demand drafts or remotely -created checks must meet our check printing specifications. You should always use your personalized deposit slips with your preprinted name and account number. If you use a blank deposit slip from our banking center, rather than your personalized deposit slip, we are not liable to you for any encoding errors. If you create, use or deposit checks, substitute checks, demand drafts (drawn on your account or another account), or remotely -created checks that do not meet our specifications, we may refuse to accept them. If you have deposited them, we may return them. If they contain features that do not allow for accurate imaging, we have no liability to you and we may return them to you. You are liable for any costs or losses that may result from the use or creation or deposit of nonstandard checks, substitute checks, demand drafts, or remotely - created checks — for example, if our equipment is unable to read or process them. You may obtain a copy of our check printing specifications by calling the telephone number on your statement or by asking your account representative. Checks you write or deposit may be converted into electronic images during the check collection and return process. If you elect to have your checks printed by a vendor that has not been approved by us, or you use check stock or features (such as security features) that cause critical data to disappear or be obscured upon 48 Page 392 of 830 imaging, or you complete your check in a way (such as using a lightly colored ink), that causes critical data to disappear upon imaging, or you deposit an item with With this optional service, if a check you deposit or we cash is returned to us unpaid for certain reasons, we submit the check for payment a second time to the financial institution on which it is drawn. This is known as reclearing the check. We reclear checks that are returned to us for the following reasons: "nonsufficient funds" and "uncollected funds." Generally, we do not notify you that an item has been returned unpaid before, we reclear it. If a recleared check is returned to us unpaid again, we charge your account for the amount of the check. We generally total these checks each day, debit your account for the total amount and send the checks to you. The checks serve as a notice of nonpayment. We charge a fee for each recleared check. This fee is described in the list of charges we give you. To request this service, call us at the telephone number on your statement or ask your account representative. For more information, see "Returned items" in this Agreement. Registered Warrants Issuance of Registered Warrants. Certain statutes may allow public agencies or other entities to convert checks to interest bearing warrants, or to issue interest bearing warrants payable at a future date, generally referred to as "Registered Warrants." You may not issue Registered Warrants drawn on your account with us, prior to receipt of our agreement, which may contain additional terms, on a case by case basis. If you issue Registered Warrants, we reserve the right to require that you open and use a separate account. We also reserve the right to accept or reject, deposit or negotiate Registered Warrants, with or without paying interest, as set forth below, and we will have no liability to you for doing so. Depositing or Cashing Registered Warrants. Registered warrants are subject to special rules. Registered warrants are essentially a state or other entity's "promise to pay" or "IOUand may accrue interest. Registered warrants may not be immediately payable and may bear a maturity date stating when they become redeemable. We have no obligation to accept registered warrants 49 Page 393 of 830 from you, whether for deposit, encashment, or otherwise even if that warrant is redeemable. We generally will not cash registered warrants. If we inadvertently or otherwise cash a registered warrant for you, as consideration for our providing cash to you for the registered warrant, you agree that we may keep any and all interest paid to us for such registered warrant upon redemption. We may also debit your account if a Registered Warrant is returned unpaid or we receive notice that the Registered Warrant will be returned unpaid. If we accept a Registered Warrant for deposit, you represent that the registered warrant is payable to you, valid, that you are eligible to receive interest on the registered warrant, and that it is free of liens and claims by others. We may, at our discretion, accept registered warrants for deposit from you subject to the certain terms and conditions, including but not limited to the following examples. • We may require that you be an existing customer, and we reserve the right to decide which customers may be eligible on a case by case basis. • We may require that such deposits are made in certain ways or channels, such as in person and over the counter by the payee. We may reject or not accept Registered Warrants payable to a third party. We may restrict certain channels, such as not accepting Registered Warrants for deposit through ATMs or remote capture. • We may place a hold on a Registered Warrant that may be longer than our standard hold or funds availability policies. • We may refuse to accept any registered warrant you attempt to deposit, with or without cause or prior notice to you, even if we have accepted registered warrants from you in the past for deposit. Regardless of the period of time you may have held the registered warrant prior to its transfer to us, as consideration for our agreeing to accept a registered warrant for deposit from you, you agree that we may either keep any and all interest paid to us or we may credit interest to your account. At our option, should we determine to pay to you the amount of interest due, we will credit the amount due to the account into which you deposited the registered warrant, generally within 30 days of the date of deposit, provided that we have first received the interest, and provided such account is then open. If you have not provided certified taxpayer identification number to us, this interest payment, if any, may be subject to backup withholding. As a condition to accepting a Registered Warrant from you, you agree to execute and deliver to us any document we request to evidence the assignment and to ensure payment of the registered warrant, and all 50 Page 394 of 830 MIT#. MEN MITT to Is, 16 1 1756s, 17-,=A1r-F7 us in accordance with this Agreement. Remote deposit service See "Check transformation services" in this Agreement. This section applies to items that are deposited to your account or that we cash for you, and to items drawn on Il 111� im qq�� 11 1� g� 51 Page 395 of 830 debit to your account, in connection with a returned item. You agree to immediately repay an overdraft caused by the return of a cashed or deposited item. For each returned item drawn in a foreign currency, we charge your account the U.S. dollar equivalent of the item. We calculate the U.S. dollar equivalent by using our applicable exchange rate that's in effect when we process the returned item. We charge your account for the amount of the returned items, either individually or for the total amount of such checks each day, and send any returned checks to you. The checks serve as a notice of nonpayment. In some cases, the financial institution on which the original item is drawn may send us an electronic notice of return, an indemnified copy of the original item, an image of the original item, or an image replacement document ("IRD"), instead of returning the original item. We may act on, and you agree to be bound by and to accept, such electronic notice of return, indemnified copy, image or IRD, just as if the original item had been returned. If we receive advance notice from another financial institution that it is returning to us unpaid a check of $5,000 or more, we generally send you a notice. We do not send a notice about returned checks of less than $5,000. Unless we are reclearing your items, we may charge your account for a returned item at any time on or after the day it is returned to us by electronic or other means, or the day we receive notice that the item is being returned to us — whichever is earlier. (See "Reclear service" in this Agreement.) Right of setoff We may exercise the right of setoff — that is, the right, under certain circumstances, to use funds in your account to pay any debts you owe us, either before or after any default. We may recover funds you owe us from any of your accounts with us or our affiliates. If your business is a sole proprietorship, we may also charge any of your personal deposit accounts. If your business is a partnership, we may also charge the personal deposit accounts of any general partner. For accounts with more than one owner, we may treat any name on the account as the sole owner and agent of that account; and we may exercise this right to pay individual debts of any owner. If we use funds from a time deposit account, the funds withdrawn are subject to the early withdrawal penalty. After we exercise this right, we mail a notice to the address you gave us for your account. We may take or setoff funds from your account before we pay checks and other items drawn on the account. We are not liable to you for dishonoring items where our 52 Page 396 of 830 action results in insufficient funds in your account to pay your checks and other items. This section does not limit or reduce our rights under applicable law to charge or setoff funds in your ac- counts with us for direct, indirect and acquired obliga- tions you owe us. Sample signatures To determine the authenticity of your signature, we may refer to the signature card for any signature specimen, you give us, or refer to a check or other documents upon which your signature appears. We may use an automated process to reproduce and retain your signature from a check upon which your signature appears. If you create your own checks or obtain them from someone else, and we cannot accurately verify your signature on a check by comparing it with a check that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. Signature requirements We may transfer funds between your accounts, transfer your account to another banking center, and take other action on the oral or written instructions of any signer. We may require hand-written authorization for some actions. We may require the signatures of all signers, if we are aware that there are conflicts among you. We do not offer accounts on which two or more signatures are required for a withdrawal or to take other actions. If you indicate on your signature card, on any other account opening documents, or on the physical check that more than one signature is required for a withdrawal or to take other actions, this indication is for your own internal procedures and is not binding on us. We may pay out funds from your account if the check, item, or other withdrawal instruction is signed by any one of the persons authorized to sign on the account. We have no liability to you if we do this. Stale -dated checks If a stale -dated check — that is, a check dated more than six months in the past — is presented for payment against your account, we may pay the check and charge it to your account. If you do not want us to pay a stale - dated check, you must place a stop payment order on it. (See "Stop payment orders" in this Agreement.) Stop payment orders You may ask us to stop payment on individual checks, or on two or more checks with consecutive numbers, if the item or items have not already been paid. If you give us oral instructions, we may require you to confirm them in writing. 53 Page 397 of 830 We charge a fee for a stop payment order based on the length of time you select and regardless of the reason for the stop payment. This means that if you report a check as lost or stolen, we may charge a fee for the stop payment we place on the check. Fees for the various stop payment periods are described in the list of charges we may make available to you. You may cancel the order at any time. If you give us oral instructions, we may require you to confirm them in writing. We cancel the order automatically when the account on which the check is drawn is closed or transferred. The stop payment order expires after the stop payment period ends, unless you reissue or renew the stop payment order. If the check is presented for payment after the stop payment order expires or is canceled, we may pay the check. You agree to review your account statements prior to requesting any stop payment order. You also agree to not request any stop payment order relating to a check that is shown as paid on such statements. In some cases, we may pay a check even if a stop payment order is in effect. For example, if an office of this bank, or another person or entity, becomes a "holder in due course" of a check that you ask us to stop, we may still pay the check. Our cutoff time for receipt at a banking center of a stop payment or postdating order relating to your account is 10:00 a.m. local time or, if later, one hour after the banking center opens each business day. The cutoff time relates to our obligation to pay or return checks and other items. If we receive an order before this cutoff time, we may review items presented for payment against your account on the previous business day, to determine whether we need to return any of them to comply with the order. If we receive the order after the cutoff time, we may not review items presented on the previous business day. For example, if you give us a stop payment order after our cutoff time and the item you want to stop was presented for payment the previous business day, your order comes too late to stop payment on the item. For a stop payment order, we need the following: • Your name • Your telephone number • Your account number • The check/serial number (as shown in the Magnetic Ink Character Recognition [MICR] line) • For two or more checks with consecutive numbers, we will need the beginning and ending numbers. • The exact amount of the check, if known. If you give us the amount of the check, we need the exact amount in dollar and cents. If you give us the wrong amount, we may pay the check. 54 Page 398 of 830 55 Page 399 of 830 Automated Clearing House (ACH) stop payment orders. From time to time, you may receive ACH debits to your account from senders you previously authorized to debit your account. You may ask us to stop payment on a future ACH debit to your account, if the item has not already been paid. You are responsible for notifying your sender that you have revoked your previous authorization for ACH debits. You may request an ACH stop payment order in writing or by telephone. If you give us oral instructions, we may require you to confirm them in writing. If you do not, we may remove the stop payment after 14 days. Otherwise, your order will be effective for six months. For an ACH stop payment order, we need the following information: • Your name • Your telephone number • Your account number • The type of account (checking/savings) • The exact amount of the ACH debit (if known) We may also ask for the date that the prior ACH debit from this sender posted to your account, so that we can obtain the company name and company identification number used by your sender and printed on your statement. Otherwise, you must provide us with the company name and the company identification number. If you give us the amount of the ACH debit item, we need the exact amount in dollars and cents. If you give us the wrong amount, we may pay the item. If you do not know the amount, we can place the stop payment based on the company name and company identification number of the sender; but this may stop all ACH items from this sender. If you give us the wrong company identification number, or if the sender changes the company identification number, we may pay the item. The ACH stop payment takes effect within three banking days. A banking day is Monday through Friday, excluding holidays. We charge a fee for the ACH stop payment order. Fees for the stop payment are described in the list of charges we may make available to you. You may cancel the ACH stop payment order at any time by notifying us in writing. We cancel the order automatically when the account on which the item is drawn is closed or transferred. The ACH stop payment order expires after the stop payment period ends, unless you reissue the stop payment order. If the ACH item is received after the stop payment order expires, we may pay the item. 56 Page 400 of 830 PTII TM7,777,=1 check or image, for deposit into your account instead of an original check, you agree to reimburse us for all losses, claims, costs and expenses we incur because the substitute check or image resulting from the electronic representation does not meet applicable substitute check standards or image standards or causes duplicate payments. In some cases, we may be sent an indemnified copy of your original check, an IRD, a substitute check, or an image, instead of the original item. We may act upon presentment of an IRD, indemnified copy or substitute check or image, and 57 Page 401 of 830 pay these items against your account, just as if the original item had been presented. You agree not to deposit an ECI. You warrant that any item you deposit, including by means of mobile banking, has been created from a paper check, was authorized by the account holder, and will not be presented more than once. If you deposit or create for deposit an ECI, you agree to indemnify the Bank for any liability or loss resulting from a breach of any of these warranties and to fully reimburse the Bank for all losses incurred, including any loss due to the item not being derived from paper. Third -party endorsements Checks and other items you want to deposit or cash must be endorsed by all parties to whom the items are payable. We may require that any third parties have their bank verify or guarantee their endorsements. Transferring ownership You may not transfer ownership of an interest- bearing deposit account or any other account to another party, unless we close the account and open a new account in the name of the new account holder. Unclaimed property Unclaimed property laws require us to turn over abandoned accounts to the applicable state. The applicable state is generally the state listed in the address for your account statement. Your account is usually considered abandoned if you have not performed at least one of the following activities for the period of time specified in the applicable state's unclaimed property law: • Made a deposit or withdrawal • Written to us about the account • Otherwise shown an interest in the account, such as asking us to keep the account active You usually need to perform such activity. Therefore, bank charges and interest payments, and automatic deposits and withdrawals, are not considered activity. Before we turn over an abandoned account, we may send a notice to the address we currently show for the account statement. If mail we previously sent to this address was returned, we may not send this notice. If you have not performed at least one of the activities described in this section for a period of time that we consider substantial, then (unless prohibited by the law of the state where we maintain your account) we may charge dormant account fees on the account, in addition to regular monthly maintenance and other fees; and, if the account received interest, we may stop paying interest on the account. We may 58 Page 402 of 830 also refuse to pay items drawn on or payable out of the account. If you re-establish contact with us, we do not have to reimburse you for these fees; and we are not liable to you for any interest that would otherwise have accrued on your account. Unpaid items If we decide not to pay a check or other item drawn on your account, we may return the original or image or remote deposit or substitute check or a copy of tht item; or we may send an electronic notice of return and keep either the original or copy of the item in our records. If we send an electronic notice or image of return you agree that any person who receives the electronic notice or image may use it to make a claim against you to the same extent and with the same effect as if we had returned the original item. Value -dating If you or we suspend, incorrectly post, or incorrectly route a transaction, we may value -date the transaction — that is, we may assign to the transaction the correct dollar value for the date it should have taken place, had it not been incorrectly handled. 104MI, M7111 Our Zero Balance Account (ZBA) Service ("ZBA Service") allows you to have funds transferred, on an automated basis, between accounts with us, as described below. This Service may be restricted to certain account types. With this Service, you may have funds transferred to an account when the balance falls below a certain amount, or from an account, when the balance rises above a certain amount, or both. We transfer the amount required to meet the account balance you sM ecify, provided there are sufficient funds and no account restrictions on the account. Unless you and we have otherwise agreed in writing, Vou may elect to have funds transferred to or from accounts ofSubsidiary, provided that U.S. Subsidiary's accounts are domiciled in the United States of America, (ii) you represent and wM",ant that such U.S. Subsidiary has authorized us to transfer funds between its accounts and Vour accounts and between its accounts and other — accounts in the Service relationship via transfers through your account, and (iii) you provide us with such documentation as we may request in connection with such transfers. In addition to any other representations and warranties set forth in this Agreement, on and as of each day we provide this Service to you, you represent and warrant to us that: 59 Page 403 of 830 • The debiting of your ZBA account is not inconsistent with any legal, contractual or other restriction on use of the account. • Each entity linked to your ZBA account is a Subsidiary, unless expressly agreed to in writing by us. Each entity linked to your ZBA account is located and organized in the United States. • You maintain your books and records separately from each of the other ZBA account owners, conduct your business solely in your own corporate name and in such a manner so as not to mislead creditors or other third parties with whom you are dealing, or otherwise observe all requisite corporate formalities as a separate and distinct entity; • You will not permit any lien, encumbrance, security interest or any interest, right or claim of any third party (other than ours or as may arise by operation of law) to exist with respect to any ZBA account, unless expressly agreed to in writing by us. • Each ZBA funds transfer using the ZBA Services and fees paid to us in connection with these Services will be made strictly on an arms -length basis for valid business purposes as inter -company transactions between you and your affiliates. Each such transfer is not made for the purpose of concealing assets, hindering, delaying or defrauding any other ZBA account owner or any third party, and is for consideration at least equivalent in value to the amount of each such fund transfer. • You are solvent on the date that any funds transfer is made and such transfer would not render you insolvent. • No case, proceeding or other action under any law in any jurisdiction has been filed or initiated (i) relating to bankruptcy, insolvency, reorganization, or other relief of debtors, seeking to have an order for relief entered against you, or seeking to adjudicate you as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding -up, liquidation, dissolution, composition or other relief with respect to you or your debts or (ii) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for you or for all or any substantial part of your assets. • You have not made a general assignment for the benefit of creditors. You agree that you will notify us in writing upon becoming aware that the representations and warranties in any of the last three bullet points above have become untrue in any respect or that there is .9 Page 404 of 830 a reasonable prospect that any of the conditions de- scribed in such bullet points will exist in the future. Designated Balances Excesses. You acknowledge and agree that funds in any ZBA account in excess of any Designated Balance will be swept into the concentration account at the end of each business day and commingled with the funds of other ZBA account owners. Some or all of such funds will be used to pay the obligations and liabilities of other ZBA M" count owners and/or to repay overdrafts occurring in the concentration account or any other ZBA account. Such funds will not be reimbursed to a ZBA account through the ZBA Services, nor are we responsible for ensuring any such reimbursements. You assume the risk of any loss of funds from your ZBA account by reason of the above transfers. Setoff. We may set off any amount owed to us by you in connection with these ZBA Services, including any transfers or payments invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party, in connection with any bankruptcy, administration, receivership, liquidation, reorganization, insolvency, receivership, moratorium or other such action affecti creditors generally or otherwise, against any bal A, 61 Page 405 of 830 whether or not the deposit is in the same currency as your liability to us. Resolving Disputes or Controversies. Without regard to the "Resolving Disputes or Controversies" sections of this Agreement, any dispute or controversy that arises from an ZBA Services will be decided by a judge without a jury in a United States of America federal or state court (except as you and we expressly agree otherwise in writing). This means that in these instances you waive any right to a trial by jury in any action or proceeding and agree that such action or proceeding will be tried before a judge without a jury. Taxpayer information We are required to report annually to you, to the Internal Revenue Service (IRS) and to the appropriate state revenue authority, interest payments that total $10 or more during the year on each of your checking or money market savings account with us. Accordingly, when you open an account, we are required to obtain — and each U.S. citizen or resident must give us — a certified U.S. Taxpayer Identification Number (TIN) and correct information regarding your backup withholding status. (See below.) You are required to provide a TIN for all accounts that you open. Typically, we require that you provide your TIN before we will open an account. If a valid TIN is not provided after a reasonable amount of time, your account will be closed. When you sign the agreement for an account, you sign under penalty of perjury that you have provided the correct name, TIN and backup withholding status. For sole proprietors, the TIN is usually your Social Security Number (SSN). For all other entities, the TIN is the entity's Employer Identification Number (EIN). If you fail to furnish us with a certified TIN, if the IRS notifies us that the TIN you gave us is incorrect, or if the IRS notifies us that you failed to report all your interest and dividends on your tax return, we are required to withhold at the prescribed statutory percentage on the interest credited to your account and pay it to the IRS. This percentage — known as backup withholding — is not an additional tax. You may claim amounts withheld and paid to the IRS as a credit on your federal income tax return. Accounts held by U.S. corporations and non- profit organization qualified under section 501(a) of the Internal Revenue Code are generally exempt from backup withholding. Accounts held by exempt foreign persons or entities may also be exempt from information reporting, as discussed below. We comply with Foreign Account Tax Compliance Act (FATCA) as mandated by U.S. federal tax law. We will Page 406 of 830 withhold on certain payments when required by such law. 63 Page 407 of 830 calendar year following the year in which you last certified your status. During that year, we send you the necessary forms. If you fail to renew your status by the last day of the fourth calendar year, your interest payments are subject to backup withholding. Some limited exemptions from this renewal process exist. For more information, consult your tax advisor. If you become a U.S. citizen or resident after opening your account, you must notify us within 30 days and provide us with your certified name and TIN. Penalties If you fail to furnish a correct TIN, you may be subject to a $50 IRS fine. If you make a false statement that has no reasonable basis and that results in no backup withholding, you may be subject to a $500 IRS penalty. If you deliberately give false information, you may be subject to criminal penalties. 64 Page 408 of 830 Glossary The following are some important terms that appear in this publication® Average Daily Ledger Balance — Sum of your daily ledger balances for the month, divided by the number of calendar is in the month. Bank of America — Bank of America, N.A. Banking Centers — Our banking centers also include financial centers. Banking days — Monday through Friday, excluding bank holidays. Sometimes referred to in this Agreement as business days. Check 21 — The Check Clearing Act for the 21st Century Act, 12 CFR 229 or any successor legislation. Any IRD created and deposited to your account must comply with all the requirements mandated by Check 21. Client Email — Any electronic email address designated by you through any means acceptable to the Bank Communications — All notices, periodic statements, disclosures, agreements, Internal Revenue Service forms and all other documents and communications 11 9 1g1!j!!j1111j1!jjj1!p1�j 65 Page 409 of 830 Ledger Balance — Preceding day's balance, plus current day credits, minus current day debits. Materials — The Software, user identification codes, passwords, codes, keys, test keys, security devices, embedded algorithms, digital signatures and certificates, other similar devices and information, User Documentation and related documentation we provide to you. Non Written Signature — A facsimile, stamp, digital, electronic or other type of non -written signature. Paper Image — An Image that is paper reproduction of the related physical check (the original paper item or substitute check created from an image of the original paper item) created with image technology. Request — A request by means permitted under the relevant Wire Transfer Service or International Electronic Funds Transfer Service to transfer funds to or from a specified account or beneficiary (including standing instructions) or to amend or cancel a prior request to transfer funds. Website — Any internet website, digital or online access channel (including access through an application on any type of device, including but not limited to, mobile devices for use in accessing your accounts or any services) Service — A treasury management service provided in a specific Bank location and/or covered by another agreement with the Bank. Shell Bank — A financial institution that does not have a physical presence in any country. Subsidiary — Any entity in which more than 50% of the ownership interest is owned, directly or indirectly, by you. User Documentation — Any written information we provide you, including information in electronic format, as amended from time to time, which contains detailed instructions regarding the use of a Service. User Documentation may vary from one jurisdiction to another. Current applicable User Documentation is available upon your request. Page 410 of 830 BANK OF AMERICA 02020 Bank of America Corporation AD -AH -1350B 1 07-2020 Corrected 1 49309 Page 411 of 830 Bank of °°k_f A=n i Merrill Lynch 0= March 2G'202.3 LynnKunkel, PurohasingK3anager (.'ityofBoca Raton 2O1West Pa|mettoParkRoad Boca Raton'F|orida 33432 [)carMs. Kunke|" l hank you for the opportunity to dernoristratc, to the City of Boca lRation (the City)our continued desire, tobe, your finanoia|servioespaMoer,Forthepastfiveyeans,wehaveou|tivatedastrongandtrustingne|ationship,VVeknowyour banking riceds like, no oric, (,,Is(,, and will coritinue, to share, our expertise, as your primary banking partner, Our goal is to work as a valued tearn member with the City to help you achie've, your objectives of improving processes and promoting effioienoiesthrough technological advances and best practices, We recognize Lhe Cfty's desirc to partner with a client -focused and highly qualified firiaricial institution. Our overall philosophy embraces the goal of continuing to provide the City with unparalleled operational and service, excellerice, We will partner with you to crisure, that your objectives arc, met, We look forward to fully discussing why wc, arc, best suited to continue serving as your trusted partner, dere, arc, our top SubstainfldUCost Beine0ts aind hinceinflves l o express our application for our continued relationship, we would like topresent the City with aUoydlty ainMyMs cireffltmf $25,000'tobe, used inthe first year ofthe contract The loyalty credit will become, available aher the execution of the contract We encourage the City to take, advantage ofour attnambve ElaniMings Cnefflt ��Rate (1:10R) which has been enhanced to fiUoonnmtemf.50% to offset banking services fees. This is setfor the life, ofthe contract with an optional rate the Qty may request orice, the ratc, criviroriment becomes more favorable. l o clearly illustrate our unwavering commitment to the City, wc, arc, offering corn petitive, pricing that will loweir youiir costs l his enhariced pricing will take, offect UmmmmefflatdUy upon contract award, III Also, in an offort to help the City strive toward your goals, we arc, pleased to offer, - 1Fmee,"scaii'mi'mi% foii�' qudU�lfiedUocatbim-withtheimp|ementationofRemoteDepositServioesUn|ine � A irdleimfless puirsuRmf seiMce excdIeince - Our goal is to deopen our relationship with the City even further and provide expert guidance to help you thrive in the decades to come, With our proven multilayered service structure, the City will continue to enjoy responsive, intelligerit partnership from a tearn of experts who knows you welL � SeiM«e coinflinuRy—Byremaining with Bankof America, the City will completely avoid the costly, time- consuming pnooessofoonverUngtoanewprovder,Forahighlyoomp|exne|ationshipsuohastheQtKtheoost ofswitching banks could easi|ybe, inthe tensofthousands ofdollars. Achoice, tocontinue our partnership would mean that productivity will remain high and operations would continue without interruption, Due, toour Page 412 of 830 � Piroveimsuppoirtmf flie Floidda rnuiMdpaU ciredt maidket l3ank of America has consistently underwritten the greatest amountofcompetitive municipal private p|aoementdebt ofany statewide, commercial bank in F|orida, BankofAnerima'apoaitioninthemunioipa|markethasandwi||oontinuetodemonstrateouroommitmentto this state, our municipal clients and local corn munities. Our government client tearn is very farriliar with the City's riceds and daily treasury functions. Vice 11resident and C|ientK3anager, Step�hein I.eindhain,and Vice Presidentand TreasurySolutions Officer, Sewn &Uvenbus�h,along with the rest ofyour current team' will work closely with you tocontinue, toprovide the best solutions for the Qty, Beoausewehavestoodbyyoursidesinoe2OOG'wearethorough|yfami|iarwiththeQty'adai|ytreasuryfunotions and arc, committed tostnen6theningthe bondsthat oonneotus�The, bank'aDedimatedService Dinantor.SanMh Snyder, will continue toserve asyour single point ofcontact for (Jay to -day support and quick issue resolution. Together'wecan immediately get towork integrating new enhancements that will deliver greater levels of efficiency' automation and streamlined functionality, As mentioned above, by renewing your contract with the bank, the City will avoid many burdensome procedures, system integrations, and associated costs incurred byswitching finanoia|service, providers. There, isnoneedto assemble, a transition tearn your current client tearn will continue, to provide responsive, knowledgeable, support, K3oreover'the City's accounts, routing numbers and processes will remain intact, When innovation and experience, oometogether, new possibilities emerge, The bank fully embraces this idea' oontinua||yinvestinginstate~of-theadteohno|ogytohe|pouro|ientsworksmarterandmoneeffeotve|y,VVe commend the City for your desire, to automate your existing processes. ri our offorts to help the City achieve, new efficiencies, we recommend you implement the fo||owing", � dPayabUes - for greater payment processing offioienoiesand better working capital management, � Remmote DepoMt SdUuboins OinUUine - for easierdeposit processing, extendeddeposit deadlines and faster access tofunds� � SafeCoininemt- an end-to-end cash handling process, that improves security, promotes operational efficiencies, provides quicker access tocash, and improves visibility into cash position, � DepoMt Tradding SeMce -throughaoontnaoted armored carrier service, the City has the ability totrack depositsfromend-to-end. � BUUUZPay- acorn prehensivelocal retail lockbox solution located inJaoksonvi||eand Clearwater, ll] Lwith 72years ofindustry experience, Details on these, solutions arc, provided in our resporise, Asthe numantpnoneaaortor theCfty Wholesale and FRctai| |ookboxprocessingsemioes, BankofAmehoaisvery Page 413 of 830 Forthe lockbox components ofthis bid, BankofAnehma'aatnate@y tor theCtyoffers adual focus ofcontinuing withthenumantpnoneaaingenvironnnentfbrtoday'aVVho|eaa|e|ookboxprograms, while, also enhanoingour approach tothe Retai|Lookboxprooessingservioesbydep|oyingamore |ooa|i7edapproach (with aproposed ohangeinthe Retai|Lookbox(PUBox) location moving from TexastoF|orida), Thisapproaohalso offers the City an additional benefitof lower overall retail lockbox prooessingprogram costs. Forthenetai||ookboxprooessngsemioesoudinedwjthintheRFfl,BankofAmehoawjUuWHme|ntuiton(EHUZPay)' who will process the retail lockbox program in their secure, Clearwater, Florida processing center, BankofAmerica selected Bi||2Payto perform these retail lockbox services because oftheir extensive knowledge and success in processing variety oftransactions associated within the government sector, Bi||2Pay is a leading lockbox services provider within the state, of lllorida and has expertise, in ensuring timedy and efficient payment processingservices, stateoftheartimagingso|utionsandawiderangeofdaytoday|ookboxprooessingexpertise, Collectively, the experience, and product offerings provided by our tearn puts us in a unique, position to offer the City the highest leved of service, while, achieving all of your daily processing program defliverables. The, procedures and teohno|ogyso|utionsthatweofferforthis|ookboxprognamenab|eustoa|ignwjth|eadingindustrystandards,whi|e a|sotai|ohngeaohso|utiontothespeoifioationsout|inedwjthinyourRFP, Each lockbox program isdesigned with flexibility in mind to achieve, the needs of the City today and into the future, AUoing aind successfUUbmmck recoird The bank has provided services to the public sector since, 1910, |n 1982' we formed our government group to address the specific needs of federal, state and local governmento|ients� We have relationships with 84 percent of state governments, 76 percent ofthe top school districts, 74 percent ofthe top 50 cities by population and 74 percent of the top 50 counties by population. Our public sector experience, and relationships also run deep in the state, of FIorida, To give, you a clear picture of our public sector banking expertise, wc, have, provided in our response five references from clients ofsimi|arsime and complexity tothe Qty, Our deep commitment to communities in the state of lllorida is long-standing and demonstrated in a variety of ways� - HdlK�ng Floidda bus[inesses giirow.|n2O12'the bank provided over $G4Gmillion innew credit tosmall businesses inF|ohda, - Wmnk[ing Wflh hommeUoain cumtommemm.Since 2OOG'wehave provided home loan modifications for more than one million customers, including 1.25,060 customers in the state of FIorida, l his includes 1. 7,025 home, loan modifications for F|oridacustomers in2O12, CommmmuinKyUinvdUvemmemtUin Che state of F�Uoidda l he, bank is empowering consurners, supporting communities and investing in the econorry of lllorida through philanthropy and volunteerism", Gnaints aind rnatdlfling g�fts|n2D12'the BankofAmerica Charitable Foundationgave $11'OQ2'35Q(including matohin| gifisfrom the BankofAmerica Charitable Foundation)tohelp local nonprofitcommunity organi7Aons deve|opand grow, in those that provide basic human services such ashunger re|ie housingassistanoe� Pa 4 of 830 - Matdlfli�ig eirnpUoyee doi�iaboims |n 2012' monethan $1,G3G3G2was oonthbuted byemp|oyeestoOle local oharitab|eorgani7ationsoftheirohoioe'arid nnatnhedbythebank'aCharitab|eFoundation - UiMted Way commmmKmmeids. |n 2012' employees pledged $1'973'525tothe local campaign' volunteered in food banks, taughtfinanoia| education and helped oritioa|-needsservioe providers in theircorn munities. - VdUuideenlioumm. |n 2012' local emp|oyeesoontributed 119'622vo|unteer hounsfor maximum community impact, Thebankmot theU,S,committed goal of1_5mi||ionhounsin2O12, We have contributed a total $2,860 ,795 in the oourity since 2009 in thefoUowingcategories" - AffonddbUe liousU�igVVehaveoonthbuted$2'3G3'4D2intheoountyfor mortgages, |oanmodifioationsarid firiaricirig, primarily for liousirig for low- arid moderate-iricorne (L%) iridividuals arid farylilies. - SmmdUUbusU�iessUei�idU�ig.VVehaveoontributed$412'52Gintheoountyfor small -business|oansarid |ines of credit, - CoiimsuiirneiirUei�idi�igThebankhasoonthbuted$4O57Gintheoourityfor oonsumerfinancia|services for low -to -moderate income individuals and families. - Ecoi�iommUc devdUopmmeid.VVehaveoontributed$44'2GQininvestmentstononprofits,ino|udingmany CommunityDeve|opmentFinanoia| |nstitutions,to promote neighborhood revit8|i78tion intheoounty, |n2O12'BankofAmerica made over $12Q'OOOin graritstoorgani7atonswiffiinthecity ofBoca FRaton.These grantshavepnmided� IIII |nteUeoua|programs Eduoationa|prognams IIII Academic enhohmentprograms � Cultural programs � Scholarships � Fundingfor start-up arid edsting businessesfor theundenserved population |n 2012' theCity ofBoca Raton graritsarid sponsonships (partial listing) include" � LynnUnivensity � S,C',UJRUE. Northarid SouthChaptens � Boca He|pingHands � AmehoanCanoerSociety � Spirit ofGiving IIII Greater Boca RatonChamberofCommerce, � Bmsiness[ewe|opmentBoard � F|oridaAt|antioUnivensity � LynnUnivensity � |nternationa| Forum ofthe Americas Page 415 of 830 ulllfmlllllliiiur City's evalul iin criteirla As you will eee in our response, we have completely fulfilled your evaluation criteria, Approach of,': err0ces ,. to fire oera^loeo aaurrt aatrll`uty to e currently farovurto tfno t�uty --orvur:o rnoort- rrneet or to t rt rertraeotert oe abfl o � and w ll condrrrae to rrneet and/or exceed the i' Iar, levels aroaofferMVV pAgauncjdhgtechroolo and teahNc l bank aroductc, soundness of proposal We have served the goverm" neat sector since 1910, No other bank can rrnaatch our rrnaaryet leaarterslr p and the level of resources we herf caate to this sector, Industry Expedence Expedence of the Ueaarrn tr corrnrrnuttert rteslgnaatert client teaarrn youth over 75 years of corrnUrrert expedence, "l"lrls translates hr'to prove hrg the C ty w th an expedencert, resporslve and knowledgeable teaarr'n to help you thrive, tr ecr;lraslve parra: sector traankhrg group corrnrrnuttert to rrneetlrry the needs of the tyutya, Vuorro Bijs�npss Operaatuons/ Custorrnor:°"ll "Maport f A rtortrcaatort oor0ce rtrrectorto rrnaarraayo the of Resources Crty's dayto (lay ingiAdes, tr corrnp arry youth vast resources, taallorert aaoludons and rr'nra@tlllale levels of expertise, We are offering looser costs and we guarantee Fldcing / l= ees / Rates arlchrg for the contract pedort 13aavhrgs to treylrr upon award of contract, We will continue to place, our lull errer ,y behind the, City to help you holster internal productivity and help hold costs to as minimurn. We enthusiastically present as mull spect:rurn of advanced techrrolo ,y solutions and loofa forward to helping, the City gully reaalixe the power of financial services ingenuity. Il h arrfk you for allowing us the opportunity to submit this proposal and to continue as your banking services provider. Sincerely, Stephen II errehaarr ltaarrk of America, I'N.A, dice "resident, Client Mariager 561..t738,2'dlz stephen.ta.lenehaan@baamLcom Scan Silverbush,t,lflf" taaray oAm(,,r'ica, I'N.A, Vice 11-1resident:, II reaasury Solutions Officer 954, 722,6542 seaarr.silvertaush@baaml.corm Page 416 of 830 A,Piropo,,a|ReopoinseForm B, Attaohmeinto----------------------------------------------------. 2 C, PhoePnopooa|FormA----------------------------------------------. 44 D�Price Pnopooa|FormB........................................................................................................................................... 45 E�Price Pnopooa|FormC........................................................................................................................................... 46 FBan�n�A��ement-----------------------------------------------'47 G, MenohantServices Agircement............................................................................................................................. 51 H, UneofCredit Termoand conditiono.................................................................................................................... 52 Diso|ooulreo................................................................................................................................................................. 53 Appendix -------------------------------------------------------54 Page 417 of 830 Aolom��Proposal ��I��Zesponse We have provided the completed flart V, f1roposal 11Rcponsc If: rsrrr, 201.3 303 in this section. Bank of America, N.A. A.Proposa� �Rcsponsc brm I 'I Page 418 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 5.1 DECLARATION OF FIRM Proposer as identified on Proposer Acknowledgement Form firm as identified herein will be considered the primary firm. If more than one firm is named; a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture agreement and if state law requires that the Joint Venture be registered, filed, funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boca Raton. Please complete the following: A. Name of Firm Bank of America, N.A. If the "Name of Firm" above references more than one firm, indicate if Partnership, Joint Venture or Other Type? The Holding Corporation Is Attachment provided showing the legality of such? Yes Address100 North Tryon Street City, Charlotte State, NCZip Code28255 Telephone Number561.838.2256 Fax904.312.5586 Emailstephen.b.lenehan�baml.com Company Website www.bankofamerica.com B. Name of Persons or entities interested in the proposal as principalsBank of America, N. A. C Declaration that proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP 2013-030 D. RFP is being submitted for (CHECK ALL THAT APPLY) Bundled services -Banking Services and Merchant Services Banking Services (unbundled) ❑ Merchant Services (unbundled) ❑ E Identify/detail names of persons authorized to make representations for the proposer including the titles, addresses, telephone, fax numbers and email addresses of such persons in the spaces provided below: FIRMS AUTHORIZED REPRESENTATIVE(S) Name Title Telephone Number Fax Number Email Address Stephen Lenehan VP, Client Manager 561.838.2256 904.312.5586 ste hen.b.lenehan baml. Sean Silverbush VP, Treasury Solutions Officer 954.722.6542 904.312.6831 sean.silverbush baml.co or submitted as Attachment ❑ 5.2 ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. DATE ISSUED 1 One March 6, 2013 Page 1 Page 419 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 2 Two March 14, 2013 3 Three March 20, 2013 4 5. 6. 7. Proposer acknowledges that the proposal response is being submitted in accordance with the above referenced addendums. Proposer to submit signed version of each addendum with their submittal. Addendums submitted as Attachment Proposer shall obtain addendum information by logging in to the electronic biddy system at k, t tp . / /c;us torrier . i.onwa.ve . n t/brpurc k., to access each addendum document. 5.3.1 MINIMUM QUALIFICATION REQUIREMENTS Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item 1-9 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. Proposer to validate meeting each of the minimum qualification requirements at time of RFP submittal. BANKING SERVICES REQUIREMENTS a. A Federal or Florida chartered bank with a principal Branch office located within the corporate limits of the City of Boca Raton, capable of servicing the City's bank accounts as specified herein. Submitted as Attachment ® and Type/Provide Response here:Bank of America, N.A. is a federally chartered national bankina association and a whollv owned subsidiary of Bank of America Corporation (the holding company). Bank of America Corporation is a publicly traded corporation, a bank holding company and a financial holding company. The Corporation, headquartered in Charlotte, NC, operates in all 50 states and the District of Columbia and has offices in 43 countries. Additionally, we have 10 banking centers conveniently located within the city limits of Boca Raton. Please refer to the Attachments for a complete listing of these banking center locations. b. A member of the Federal Reserve System. Submitted as Attachment ® and Type/Provide Response here:Bank of America is a member of Federal Reserve (FDIC Cert 3510) and has access to all of its systems. C. An approved public depository by the Treasurer of the State of Florida in conformity with the Florida Security for Public Deposits Act (Ch. 280.F.S.). Page 2 Page 420 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Submitted as Attachment ® and Type/Provide Response here:Bank of America is a qualified public depository by the Treasurer of the State of Florida pursuant to the Public Deposits Act (CH.280.F.S.). Additionally, we will collateralize all depoosits in excess of FDIC coverage utilizing the state of Florida Pooled Fund Program as described in the Florida Security of Public Deposits Act Chapter 280.F.S. Please refer to the Appendix for our certification. MERCHANT CARD SERVICES REQUIREMENTS a. Merchant provider shall be in compliance with all service provider requirements mandated by VISA, Master Card and American Express at time of proposal submission and be considered a validated service provider. Submitted as Attachment ® and Type/Provide Response here:Bank of America Merchant Services must comply with all applicable Card Brand rules and regulations, which encompass PCI DSS compliance and other data security compliance requirements. Given that the Bank of America Merchant Services' legal entity does not directly process, store, or transmit card data, Bank of America Merchant Services is not required by the Card Brands to possess a PCI DSS Report on Compliance. The Card Brand rules require instead that Bank of America Merchant Services ensure our card processing providers are PCI DSS compliant. To that end, Bank of America Merchant Services actively monitors our card processing service providers' PCI DSS compliance status and contractually requires their compliance with all applicable Card Brand rules and regulations, including PCI DSS compliance. To verify PCI DSS compliance for the purposes of this RFP response, we have attached a letter confirming PCI compliance (Attestation of Compliance for Onsite Assessments- Service Providers, 31 March 2011), as issued to Bank of America by Trustwave. Bank of America is Bank of America Merchant Services' service provider for the card processing services described in this RFP. Trustwave is Bank of America's Qualified Security Assessor (QSA). QSA's are third -party assessors licensed by the PCI Security Standards Council to conduct assessments and prepare subsequent Reports on Compliance on merchants and service providers for the purposes of validating PCI DSS compliance. Additionally, the prospective client may refer to the publicly available Global List of PCI DSS Validated Service Providers at http://www.visa.com/sPIisting to verify Bank of America Merchant Services' status as a compliant service provider. Inclusion on this list requires submission to Visa of PCI DSS compliance validation documentation, in this case Bank of America Merchant Services' Report on Compliance, and Visa's review and acceptance of the same. 5.3.2 QUALIFICATIONS AND EXPERIENCE OF THE FIRM AND STAFF The proposer shall submit satisfactory evidence that it has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein Al Qualifications and Experience of Firm related to Banking Services: Proposer to provide a description of the firm, including the size, years in business, range of activities, strength, stability, experience, track record and knowledge of providing the BANKING services. Page 3 Page 421 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Type/Provide Response here:We are one of the world's largest financial institutions, serving individual consumers, small- and middle -market businesses and large corporations with a full range of banking, investing, asset management and other financial and risk -management products and services. Our legacy in Florida runs deep. The bank began serving the state more than 130 years ago and our expansive footprint covers the state with 640 banking centers and 1,490 ATM's, providing optimum convenience and service for the City. A long and successful track record The bank has provided services to the public sector since 1910. In 1982, we formed our government group to address specific needs of federal, state and local government clients. We have relationships with 74 percent of the top 50 cities by population, 84 percent of state governments, 76 percent with the top school districts and 74 percent of the top 50 counties by population. A2 Qualifications and Experience of Firm related to Merchant Card Services: Proposer to provide a description of the firm, including the size, years in business, range of activities, strength, stability, experience, track record and knowledge of providing the MERCHANT CARD SERVICES. Type/Provide Response here:Formed in 2009 by First Data and Bank of America, we help merchants ensure continued growth and success. We leverage the processing infrastructure of one of the largest processors and the resources of the largest retail bank. In 2011, we processed 13.5 billion credit and debit transactions. Through our Paymentum suite of solutions, we offer payments, commerce, security, and advice: I I Payments—We design our payments solutions to help you expand your customers' payment options and simplify your operations. You can easily accept credit cards, debit cards, checks, gift cards, and other payment options. POS solutions provide fast, secure, adaptable debit and credit card processing. Il Commerce—Our turnkey commerce solutions will help accelerate your revenue. Mobile alternatives enable payments anywhere, anytime. You can establish an online retail presence through our all -in - one storefront. You can build brand awareness, gain new customers, and increase loyalty through our marketing or gift card programs. Il Security—You can reduce your business risk with our security solutions. We provide innovative tools that protect data and safeguard against fraud. We help merchants detect and validate suspicious transactions in card -not -present environments without turning away potential sales. Il Advice—Our dedicated guidance, support, and reporting helps to maximize your business success. Our Customer Service and Relationship Management teams provide innovative perspectives and solutions to help grow your business. A partnership with us can extend beyond basic credit card acceptance. We can help you anticipate and fulfill the future needs of your growing business. We support numerous industries, including: I Government i Retail 1 1 Business -to -business Page 4 Page 422 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 i Restaurant I PP-frnhpi mm • i w Mr. &111r� , Jigs- B. References Proposer is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being considered. City may request a more detailed list, including other governmental agencies. The City reserves the right to request or contact additional or different references from the provided customer list for consideration, including past experience with the City of Boca Raton. Failure to submit references may result in the RFP not being considered for evaluation. Proposer to identify five (5) references that are most similar to the City of Boca Raton account size and service requirements as identified in this RFP. References identified should be for different accounts/locations. Additional references may be submitted as an attachment to show depth of experience. PROPOSER IS RESPONSIBLE FOR VERIFYING THAT ALL CONTACTS AND PHONE NUMBERS ARE UP TO DATE AND ACCURATE. BANKING SERVICES REFERENCES 1 — Company/Entity Name: City of Aventura Address: 19200 W. Country Club Drive City, State, Zip: Aventura, FL 33180 Project Manager of Entity: Brian Raducci, CPA Title: Finance Director Phone No.: 305.466.8922 Email: brad ucci(a)cityofaventura.com Start Date of Services: March 27, 1997 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Summary of the Banking Services provided: Full banking services. Key services include: Vault services, ACH ARP and CashPro. Do services include Retail Lockbox? No Who is the lockbox provider: Do services include Whole Sale Lockbox? No Who is the lockbox provider: 2— Company/Entity Name: School District of Broward County Address: 7720 W. Oakland Park Blvd, Ste 319 City, State, Zip: Sunrise, FL 33351 Project Manager of Entity: Henry Robinson Title: Treasurer Page 5 Page 423 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Phone No.: 754.321.0588 Email: henry. robinson(a)browardschools.com Start Date of Services: June 23, 1983 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Summary of the Banking Services provided: Full banking services. Key services include: Vault services, ACH, ARP, CashPav, CashPro, Depository Plus, Merchant Services, Purchasing Card, Group Banking. Do services include Retail Lockbox? No Who is the lockbox provider: Do services include Whole Sale Lockbox? No Who is the lockbox provider: 3- Company/Entity Name: City of Fort Myers Address: 2200 2nd Street City, State, Zip: Fort Myers, FL 33901 Project Manager of Entity: Richard E. Griep Title: Senior Accountant Phone No.: 239.321.7173 Email: rgriep(a)cityftmyers.com Start Date of Services: August 1, 2000 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Summary of the Banking Services provided: Full banking services. Key services include: Vault services, ACH, ARP, CashPro, Depository plus, Remote Deposit, Purchasing Card, ePayables, and Group Banking. Do services include Retail Lockbox? Yes Who is the lockbox provider: Bill2Pay Do services include Whole Sale Lockbox? No Who is the lockbox provider: 4 — Company/Entity Name: City of Lake Worth Address: 7 N. Dixie Hwy City, State, Zip: Lake Worth, FL 33460 Project Manager of Entity: Steven Carr Title: Director of Finance Phone No.: 561.586.1641 Email: scarr(a)lakeworth.org Start Date of Services: October 1, 1957 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Summary of the Banking Services provided: Full banking services. Key services include: Vault services, ACH, ARP, Remote Deposit, Merchant Services, Purchasing Card, Group Banking (Image Cash Letter associated with Bill2Pay lockbox deposits). Do services include Retail Lockbox? Yes Who is the lockbox provider: Bill2Pay Do services include Whole Sale Lockbox? No Who is the lockbox provider: 5 — Company/Entity Name: City of Boynton Beach Address: 100 E. Boynton Beach Blvd City, State, Zip: Boynton Beach, FL 33435 Project Manager of Entity: Tim Howard Title: Director of Finance Phone No.: 561.742.6312 Email: howardt(a)bbfl.us Start Date of Services: December 21, 1984 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Summary of the Banking Services provided: Full banking services. Key services include: Vault services, ACH ARP, CashPav, CashPro, Image Lockbox, Merchant Services, Purchasing Card, ePayables, Group Banking. Do services include Retail Lockbox? No Who is the lockbox provider: Page 6 Page 424 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Do services include Whole Sale Lockbox? Yes Who is the lockbox provider: Bank of America MERCHANT CARD SERVICES REFERENCES 1 — Company/Entity Name: School District of Broward County Address: 7720 W. Oakland Park Blvd, Ste 319 City, State, Zip: Sunrise, FL 33351 Project Manager of Entity: Henry Robinson Title: Treasurer Phone No.: 754.321.0588 Email: henry. robinson(a)browardschools.com Start Date of Services: June 23, 1983 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Stephen Lenehan Credit Card Lines provided (Visa, MC, AMEX, etc) : All Summary of the Merchant Card Services provided: Merchant card acquiring 2- Company/Entity Name: City of Orlando Address: City Hall — 400 South Orange Avenue City, State, Zip: Orlando, FL 32801 Project Manager of Entity: Laurie Nossair Title: Phone No.: 407.246.3109 Email: laurie.nossair(a)cityoforlando.net Start Date of Services: April 2009 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Sharon Larkin Credit Card Lines provided (Visa, MC, AMEX, etc) : All Summary of the Merchant Card Services provided: Merchant card acquiring 3- Company/Entity Name: City of Boulder Address: 1777 Broadway City, State, Zip: Boulder, CO 80302 Project Manager of Entity: Juciene C. Azavedo-Wilk Title: Treasury & Financial Reporting Accountant Phone No.: 303.441.3058 Email: azavedo-wilkCa�bouldercolorado.gov Start Date of Services: September 2008 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Randy Strzelecki Credit Card Lines provided (Visa, MC, AMEX, etc) : All Summary of the Merchant Card Services provided: Merchant card acquiring 4- Company/Entity Name: City of Mesquite Address: 711 North Galloway City, State, Zip: Mesquite, TX 75149 Project Manager of Entity: Lee Sealey Title: Cash/Debit Coordinator Phone No.: 972.216.6299 Email: Isealey(a)cityofinesguite.com Start Date of Services: August 2006 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Randy Strzelecki Credit Card Lines provided (Visa, MC, AMEX, etc) : All Page 7 Page 425 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Summary of the Merchant Card Services provided: Merchant card acquiring 5- Company/Entity Name: City of Tampa Address: 306 East Jackson Street, 7E City, State, Zip: Tampa, FL 33602 Project Manager of Entity: Michael Fitzgerald Title: Treasurer Phone No.: 813.274.7101 Email: michael.fitzgerald(a)tampagov.net Start Date of Services: May 1999 End Date of Services/Agreement Date: Current Your account manager assigned to this client: Michelle Whalen Credit Card Lines provided (Visa, MC, AMEX, etc) : All Summary of the Merchant Card Services provided: Merchant card acquiring C. Firm's Client List Provide a list of customers that are not confidential. Proposer may use City Form or provide Attachment. Provide a listing of all Accounts listed as Current or Past during the past three years. The City reserves the right to use this list as a source of additional contact information. Submitted as Attachment ❑ or Type/Provide Response here:We have provided in section B above and in the Attachments, references that the City may contact. As one of the largest providers of treasury services to the public sector in Florida, we are unable to provide the City with a current or past client based listing at this time. Merchant Services To protect our competitive advantage and clients' confidentiality, we do not provide a comprehensive listing of our customers in RFP responses. We are one of the largest processors in the world, processing 13.5 billion transactions in 2011. We represent approximately 273,000 merchant -based relationships and more than 629,000 merchant locations. Name of Reference / Entity I Current Account (Y/N)I Past Account (Y/N) Page 426 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 D. Qualifications and Experience of Staff Proposer to provide in detail qualifications and experience of the specific staff to be assigned to the City's account, to demonstrate their ability to effectively perform the services outlined. Managers and other project staff may only be changed with the express prior written permission of the City of Boca Raton. The City of Boca Raton retains the right to approve or reject replacements Page 9 Page 427 of 830 TITLE YEARS YEARS OF RESUME & Identify Scope of EMPLOYEE WITH EXPERIENCE QUALIFICATION Services /Tasks this NAME FIRM SUMMARY Individual Will be ATTACHED responsible for the City VP, Client 9 11 Yes Stephen serves as the Stephen Manager City's primary Lenehan relationship contact. Sean VP, 6 17 Yes Sean is the City's Silverbush Treasury primary treasury Solutions solutions officer and Officer will assist the City with all your treasury mana ement needs. Melinda Neal AVP, Sr 20 20 Yes Melinda supports Treasury Sean and is the City's primary contact for Solutions Analyst treasury solutions, streamlining processes and provides information on enhancements Sunnie Baber AVP, Sales 12 12 Yes Sunnie supports Support Stephen and is the Associate City's sales support associate. She is the City's point of contact for escalated or sensitive issues. Sarah Snyder Officer, 15 15 Yes Sarah is the City's Dedicated main point of contact Service for day-to-day service issues. Director Joyce VP, Product 28 28 Yes Joyce services as the liason between Henderson Manager Bill2Pay and the bank. Page 9 Page 427 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Sharon Larkin Merchant Relationship 1 15 Yes Sharon serves as the City's relationship manager for your merchant services. She is reponsible for promoting a strategic partnership and providing product and Manager industry expertise. Peter O'rourke Strategic Account Executive 1 3 Yes Peter is the City's merchant account executive and is responsible for introducing new services and comprehensive Payment strategies to the Citv. For each individual listed above, attach a resume or qualifications summary that includes the following information • Description of the individual's background • Description of individual's work experience including all past employment E. Proposer's Financial Stability Submit most recently audited financial statements to substantiate the financial stability of the Proposer. Submitted as Attachment From this report, please indicate its effective date and amount of capital and surplus for your institution. Capital $155.4 billion Surplus $ 41.3 billion Total $ 196.7 billion Date: December 31, 2012 F. Litigation Page 10 Page 428 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Provide a summary of any litigation filed against the proposer in the past seven years which is related to the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment ❑ or Type/Provide Response here:The bank is a large and diversified institution and is routinely involved in contract disputes and resolution activities, as well as litigation in various state and federal courts. The bank makes all disclosures required by its regulators, including all required disclosures in its Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which are updated in Reports on Form 8-K, all of which are filed with the Securities and Exchange Commission. Such reports include disclosures of material financial and litigation matters as required by federal law and are oublicly available. Merchant Services To the best of our knowledge, there have been no material judgments against Bank of America Merchant Services in the past seven years. We are not involved in any litigation that would affect our viability as a potential partner. All material litigation, existing or pending, is described in First Data's, our partner, public filings with the U.S. Securities and Exchange Commission. Disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization; or warrant that no such condition is known to exist. If none, state as such. Submitted as Attachment ❑ or Type/Provide Response here:The bank is a large and diversified institution and is routinely involved in contract disputes and resolution activities, as well as litigation in various state and federal courts. The bank makes all disclosures required by its regulators, including all required disclosures in its Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which are updated in Reports on Form 8-K, all of which are filed with the Securities and Exchange Commission. Such reports include disclosures of material financial and litigation matters as required by federal law and are publicly available. Merchant Services To the best of our knowledge, there have been no material judgments against Bank of America Merchant Services in the past seven years. We are not involved in any litigation that would affect our viability as a potential partner. All material litigation, existing or pending, is described in First Data's, our partner, public filings with the U.S. Securities and Exchange Commission. G. Contract Termination Provide a summary of any contracts (term contracts and single project) that the Owner provided notice of cancellation to your firm, with or without cause in the past seven years. The summary shall state the name of the Owner, summary of the contract, term of the contract and reason for cancellation. If none, state as such. Submitted as Attachment ❑ or Type/Provide Response here:The bank is a large and diversified institution and is routinely involved in contract disputes and resolution activities, as well as litigation in various state and federal courts. The bank makes all disclosures required by its regulators, including all required disclosures in its Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which are updated in Reports on Form 8-K, all of which are filed with the Securities and Exchange Commission. Such reports include disclosures of material financial and litigation matters as required by federal law and are oublicly available. Merchant Services Page 11 Page 429 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 We have lost customers to our competitors. Given the confidential nature of our relationship with our clients, we cannot disclose specific reasons for these losses. We can tell you, however, as companies merge and divest, it is not uncommon to examine operational practices for synergies and economies of scale. H. Insurance: Provide proof of ability to obtain the levels of insurance in areas of Commercial General Liability, Workers' Compensation, and Business Auto as identified in the RFP. Submitted as Attachment I. Corporate Status: If Proposer is a corporation, provide certification from the applicable State verifying Proposer's corporate status and good standing. Submitted as Attachment M J. Business Tax Receipt: Proposer is to submit a copy or proof of Business Tax Receipt (Formerly Known as Occupational License) from Entity where business is located, if applicable in City, State, County. Submitted as Attachment ® or Type/Provide Response here:We have provided a copy of our City of Boca Raton Business Tax Receipt expiring September 30, 2013 in the Appendix. K. Sole Proprietor or Partner: In the case of sole proprietorship or partnership, detail all owners or partners. If not applicable, state as such. Submitted as Attachment ❑ or Type/Provide Response here:Not applicable. L. Proposer Acknowledgement Form: Proposer to notarize, complete and submit City Provided Form. City provided Proposer Acknowledgement Form notarized and submitted Page 12 Page 430 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 PROPOSER ACKNOWLEDGMENT FORM This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP opening date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal. Proposer must submit proof that their firm name as "Individual", "Partner" or "Corporation" is registered with their State of origin. BUSINESS ADDRESS of PROPOSER: Address: 625 N. Flagler Drive West Palm Beach, FL 33401 City, State Zip Telephone No:561.838.2256Fax No.904.312.5586 Email Address for notifications: stephen.b.lenehan(a)baml.com Federal ID. No.94-1687665 ACKNOWLEDGEMENT IF REDACTED VERSION OF RFP WAS ELECTED TO BE SUBMITTED: YES ❑ NO® (No, Not submitted) NAME & SIGNATURE OF PROPOSER If an Individual: doing business Signature �y If a Partnership or Joint Venture: Name of Proposer by: / Signature(s) If a Corporation: Bank of America, N.A. Corporate Name (a Delaware Corporation) Z Title: Attest: *************************** NOTARY PUBLIC: STATE OF: Signature Corporate Secretary COUNTY OF: (SEAL) The foregoing instrument was acknowledged before me this day of 20 , by who is (who are) personally known to me or who has produced as identification and who did ❑ or (did not)❑ take an oath. NOTARY PUBLIC SIGNATURE: NOTARY NAME, PRINTED, TYPED OR STAMPED: Commission Number: My Commission Expires: Page 13 Page 431 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 M. Drug Free Workplace Form: Proposer to complete and submit the following City provided form. City provided Drug Free Workplace Form completed and Submitted INTENTIONALLY LEFT BLANK Page 14 Page 432 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 IFDRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Bank of America, N.A. does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 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. 5. 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. 6. 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. Bidder's Signature Date Page 15 Page 433 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 5.4 SCOPE OF SERVICES: This section of the Proposal Response Form should explain the scope of services as understood by the Proposer and detail the approach and ability to provide the services as outline. This section should demonstrate that the Proposer has knowledge of the City's scope of services/technical requirements as provided in Part II, Statement of Work. 5.4.1 Statement of Work Service Compliance List Proposer is requested to offer services as identified in the Scope of Work, Part II which meets or exceeds the requirements as stated. Any item in Part II of the Scope of work that the Proposer is unable to provide or has an alternate method, shall be denoted per below. This Request for Proposal presents the City's requirements under present methods of operation. Responses to this request should address these requirements, but Proposers are encouraged to suggest any additional services and/or technology which, in their opinion, would be in the best interest of the City (clearly marked as an alternate proposed). INSTRUCTIONS FOR CHECKING BOXES ON THE COMPLIANCE CHECKLIST A. If a service requirement cannot be met by the Proposer as stated in the Scope of Services, then the phrase "Not available as per Scope of Services" box is to be checked for that service requirement. In the event that Proposer checks "Not available as per Scope of Services", the Proposer may offer an alternative service for review, by also checking the Alternate Proposed for different method/technology. Full explanation of the alternate to be provided in the space provided on the form. An alternate proposed method/technology may be submitted which deviate from the requirements herein, providing that they are clearly identified as alternate proposals and providing further that it can be demonstrated that stated requirements are substantially improved or are not compromised or prejudiced by such deviations; and, that it would be clearly in the interest of the City that an alternative method/technology be considered. B. For each service requirement that can be met by the Proposer as stated in the Scope of Services, the "No Deviation, can provide as stated" box is to be checked for that service requirement. In the event that the Proposer is able to offer a secondary method to the City that may be advantageous to our operations, Proposer may also check the Alternate Proposed for different method/technology. Full explanation of the alternate to be provided in the space provided on the form. C. Approval of Alternates An alternate proposed method/technology may be submitted which deviate from the requirements herein, providing that they are clearly identified as alternate proposals and providing further that it can be demonstrated that stated requirements are substantially improved or are not compromised or prejudiced by such deviations; and, that it would be clearly in the interest of the City that an alternative method/technology be considered. Page 16 Page 434 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Such alternative proposals will be provisionally accepted for consideration, subject to the reserved right of the City to make the determination whether the above stated conditions for alternate method/product have been satisfied and subject further to the reserved right of the City to accept or reject these proposals upon the basis of the determination. The City is under NO obligation to accept any proposed deviations or exceptions and such deviations or exceptions may result in the RFP not being considered for further evaluation in accordance with item 1 - ANY ALTERNATE THAT IS A SECONDARY METHOD THAT HAS A DIFFERENT FEE ASSOCIATED WITH IT IS TO BE SUBMITTED ON THE PRICE PROPOSAL FORM. D. As an attachment, proposer may provide further information regarding the items listed in the Compliance Checklist. All attachments shall be labeled as Compliance Checklist Attachment, with reference to each letter per the identification listing used on the checklist. COMPIANCE CHECKLIST FOR SCOPE OF SERVICES a) o am `-' NOTE: For any box to be checked Alternate Proposed, Proposer is to also a o M check one of the two boxes - "No Deviations" or "Not Available" o U) U) o a a, E U) > m 0 > ca o E o� a) Q z° a) :S Q E z n SCOPE OF WORK SERVICES A. Account Information 1. Master Operating Account X Alternate Method or Additional Services/Technology: 2. Vendor Disbursement Account X Alternate Method or Additional Services/Technology: 3. Payroll Account X Alternate Method or Additional Services/Technology: B. Account Statements and Reporting X Alternate Method or Additional Services/Technology: Confirm the Proposer is able to provide computerized paid check listings for the Vendor Disbursement and the Payroll accounts and transmit reconcilement data via FTP With our partial reconciliation service, we balance the total checks appearing as "paid" on the reconciliation statement against the debit for checks paid on the checking account statement. We provide you with a report of all checks paid on your account for the reconciliation period. In addition to the standard reconciliation reports, a file can be transmitted containing paid check data. Bank of America can transmit reconciliation files in HTTPS Pull, SSHFTP Pull, FTP/PGP Push/Pull, FTP/SSL Pull transmission options. The City is on a partial reconciliation process, but requires electronic reporting on deposits by location in order to facilitate reconciliation. This Page 17 Page 435 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 includes credit card transactions. The City desires to automate reconciliation of deposits to the City's accounting system. Please provide information on services that can be utilized for this process. With our Depository+ service, the City can continue to manage a single bank account while maintaining the detailed reporting for multiple depositing locations: 1. A Depository+ subsidiary account is assigned to each depositing location. 2. A location number, which the City selects, is assigned to the subsidiary account. 3. This location number will be associated with each transaction posting to this subsidiary account number, as they are transferred to the master account daily. 4. Detailed reporting is available from the master account including a transaction description, amount, date and location number. With Depository+, the City defines a location number for each subsidiary account, assuring that all transactions posted to the subsidiary accounts will report at the master account accurately. C. Special Services 1. Treasury Management System X Alternate Method or Additional Services/Technology: Confirm ability to offer services to allow wires to be sent with verbal instructions in the event the treasury management software is not functioning. To assure that the verbal instructions are adequately controlled, the City is willing to establish safeguards including but not limited to passwords, facsimile, formal written confirmations, and reasonable practices requested by the Proposer. The telephone wire transfer service can be customized to meet your specific business needs. The City must provide the bank with your wire accounts, authorized representatives and method of notification or advice. You can establish account and authorized representative limits to customize authorization at these levels. The telephone wire transfer service is secured by the use of a personal identification number (PIN) and secondary verification calls, following rules that the City defines. To establish the service, the City will identify specific authorized representatives who are then assigned a PIN. This PIN is entered using telephone touch-tone (versus spoken, for security reasons) at the time of initiation and confirmation/approval of every wire transfer. In addition, for each account established, the City is required to provide a repetitive and non -repetitive callback verification threshold. When the amount of a wire exceeds your predefined thresholds, the wire will require verification by an authorized representative prior to release. You may waive the callback verification, if desired. As a standard, phone calls to the Wire Transfer Services units are recorded by the bank. Page 436 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Page 19 Page 437 of 830 2a. Lock Box Services — Retail X The City currently utilizes a retail lockbox with a PO Box in Dallas, TX. The City currently uses Transcentra and would like the option to continue with this company for the retail lockbox. Name of Lockbox provider proposed: Bill2Pa Lock box (retail) services shall be used to collect payments for the City water and sewer services. However, the City is open to replacing the retail lockbox with an alternative method that is more efficient and cost effective. Alternate Method or Additional Services/Technology : Alternate Pricing to be submitted in Fee Proposal Section of the RFP. 2b.. Lock Box Services — Whole Sale X Alternate Method or Additional Services/Technology: Note: Describe any alternative services offered to replace lockbox services that would be more efficient and lower costs. Alternate Pricing to be submitted in Fee Proposal Section of the RFP 3. Deposit Tracking X Alternate Method or Additional Services/Technology: 4. Automated Clearing House (ACH) Deposits X Alternate Method or Additional Services/Technology: Proposer to include in a description of the system used to accommodate the use of ACH payment receipts. Please refer to our response in the Attachments. 5. Positive Pay X Alternate Method or Additional Services/Technology: 6. Earnings on Deposit X The City currently is not utilizing a sweep product, rather is receiving interest from the bank itself. The Proposer may offer alternative methods to the sweep product. Describe the interest paid on deposits in the operating account for the life of the contract. An index can be utilized. Identify if there is a minimum rate? The Earnings Credit Rate (ECR) on the City's accounts is used to calculate your Earnings Allowance, which is based on your average investable balance. The ECR is applied to the monthly average positive collected balances net of reserve requirements (currently the reserve requirement is zero percent, but this may change at any time). Upon award of this contract, we will offer the City an ECR rate of .50 percent for the term of this contract. Alternate Method or Additional Services/Technology: 7. Money Market Account X Describe the interest paid on deposits in the money market account for the life of the contract. An index can be utilized. We will continue to offer the City our Public Fund Interest Checking (PFIC). The PFIC is an interest bearing checking account with no limitations as to the number of transactions. Interest is accrued daily and paid monthly based on 100 percent of the collected balance and a 365 day year with no reserve requirement assessed. Interest is Page 19 Page 437 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 compounded on each individual interest-bearing account and is credited on the last business day of the month. Identify if there is a minimum rate The PFIC is based on a floor rate of .10 percent. Alternate Method or Additional Services/Technology: 8. Stop Payments X Alternate Method or Additional Services/Technology: 9. Deposit Return Items X Alternate Method or Additional Services/Technology: 10. Check Cashing X Alternate Method or Additional Services/Technology: 11. Stale Checks X Alternate Method or Additional Services/Technology : With our Full Account Reconcilation program, the City will provide the bank with information on individual checks being issued. This information includes serial number, date issued and dollar amount. The City can also include additional data such as payee name and or other discretionary date on each issue record. As checks are presented for payment, we match the paid items to the issued items on file and produce reports at the end of your accounting cycle showing the results of the match. Additionally, with our Full Account Reconcilation plan, the City can take advantage of our stale date control feature. With the stale date control feature, the City can designate a time period during which checks issued are valid. After this time period, checks are considered stale dated and will be reported as positive pay exception items with an exception reason of "Stale Date" for the City to make a pay or return decision by the specified deadline. State date control is only offered with the full account reconciliation with positive pay. 12. Overdraft Protection a. Insufficient Funds X Alternate Method or Additional Services/Technology: b. Daylight Overdrafts X Alternate Method or Additional Services/Technology 13. Gift Cards X Alternate Method or Additional Services/Technology: 14. Banking Supplies X Alternate Method or Additional Services/Technology: 15. City Employee Banking Services X Full summary to be provided in questionnaire 16. Remote Deposit Capture X The City currently is not utilizing Remote Deposit Capture (RDC) however, is interested in implementing this product. Please address the process for implementing RDC in the Questionnaire section of the RFP 17. Disaster Recovery X Alternate Method or Additional Services/Technology: 18. Cash Management Liaison X Alternate Method or Additional Services/Technology: Page 20 Page 438 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 D. Safekeeping Services X Alternate Method or Additional Services/Technology: E. Fees/Monthly Billing for Services X Alternate Method or Additional Services/Technology: 2-3-2 Merchant Card Services X Merchant Services provided with ability to process payments and banking as stated. X Alternates options to be submitted in the Questionnaire Section of the Proposal 5.4.2 General Banking Requirements Detail how your firm will meet the expectations and requirements of the City related to their general banking requirements. Type/Provide Response here:We are pleased to be serving the City for more than five years. We have built a steadfast relationship throuah which we provide a comprehensive arrav of services. As vour close partner, we will continually provide solutions specific to the City. Additionally, we are able to focus on enhancements rather than foundational implementations or costly service migrations. These enhancements will bridge the City to new possibilities as you look forward to a future defined by new levels of efficiency, automation and streamlined operations. The City will continue to benefit from our sophisticated, easy-to-use online treasury management platform, CashPro Online. Our comprehensive tool delivers simple access and greater control over all the financial solutions the City requires. CashPro Online provides the City a deeper level of electronic efficiencies because it is a one-stop, secure application. CashPro Online overview As you are aware. initiatina transactions and accessina account activity and pavment information is easy using CashPro Online. The platform is intuitive, user-friendly, and continually enhanced (without interference to clients) based on client feedback and new available technoloaies. Here are iust some of CashPro Online's services and capabilities: Stop payments — Place, cancel and search for stop payments on accounts. Image Access — View and retrieve images of paid items, credits, deposits with associated items and returned items. Paid item inquiry — Search and view images of paid items by amount, check number or paid date. CashPro payments — Initiate domestic and international wire transfers and FX wires and drafts in multiple currencies. Transfer funds between Bank of America accounts. CashPro notifications — Receive notification of wire and positive pay decisions, as well as information reporting balances and transactions, through email, voicemail, and fax or wireless devices. Receivables reporting — Access checks payment and lockbox remittance information, including images of check, invoice, correspondence and envelopes. Online statements & reports — Gain faster access to various statements and reports, including demand deposit account statements, account reconcilement reports, account analysis statements, Sweep statements, EDI statements, loan reports and others. ACH transaction initiation — Initiate a full array of ACH transactions, including direct deposit of payroll, preauthorized debits, corporate payments, internal transfers and federal, state and some local tax payments. Account reconciliation — Add and cancel check issues and submit check issue information for items not in the original transmission file. Page 21 Page 439 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Asset based lending and commercial credit — Access, inquire and initiate transactions against commercial loans. TradePro — Access domestic and cross-border trade activity, reporting and processing. Service requests — Perform standard service requests and resolve inquiries online rather than having to call a bank representative. Positive Pay — View images of positive pay exception items and notify the bank of decision to pay or return item. ACH Positive Pay —Automatically block all incoming ACH debits and credits to accounts, or review all transactions and either accept or return each item. Reverse Positive Pay — View images of the previous day's paid items for possible suspect items and submit returns online. Escrow Online — Maintain and track multiple escrow accounts online, conveniently and reliably. One master account is established with an unlimited number of subaccounts to avoid co-minalina of funds. One portal, one password, exceptional convenience Simply access CashPro Online from any secure internet connection or mobile device and select the appropriate applications. The system is straightforward and intuitive with clear, user friendly screens to guide users through each step. CashPro Online is a web -based solution, so there is no software to maintain. The City's data is maintained on CashPro Online, so authorized users can access information whenever they need it. The City is very strict in its requirements for timely and accurate reporting of bank account transaction data. Daily debit and credit advices from the bank are used as the primary source documents for daily posting to the City's general ledger. Failure to comply with such requirements causes significant problems to the accounting program reports and such failure will be heavily considered when evaluation of banking services is performed. The Proposer must be able to provide daily reporting for all transactions on the City's master, disbursements and payroll accounts. The City currently utilizes a web -based treasury management system to receive daily balances and detailed transactions for its main accounts. The City desires to continue utilizing this type of treasury management system to receive daily account information. 5.4.3 Sample Agreement Indicate any minor exceptions to the terms provided in the Sample Agreement. It is the intent that articles of the City's sample agreement will be included in the Proposers agreement. Final agreement format to be part of negotiations. The sample agreement is the City's normal terms and conditions and deviations are discouraged. Exceptions to the attached Sample Agreement are business concerns for the City. If your company takes exception to any clause in the sample Agreement please identify what that exception(s) is/are and how your firm suggests phrasing that clause(s). Depending upon the degree of the exception(s) to the City language, there may be an adverse impact to the evaluation of your proposal. No exceptions taken II or Type/Provide Response here:We have provided clarifications to the City's normal terms and conditions in Tab F, Banking Agreement and copies of our Deposit Account Agreement and Treasury Terms and Conditions Agreement in the Appendix. Page 22 Page 440 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Agreement language from Proposer to be submitted as an Attachment with the RFP as detailed Part IV of the RFP. 5.5 ORGANIZATIONAL STRUCTURE FOR PROVIDING THE SERVICES * responses to questionnaire will also be considered as part of the evaluation for Organizational Structure A. Organizational Chart A. Provide a general organizational chart detailing the proposers organizational structure. Chart to detail how your firm is structured. Include coordination with any sub contracted services. Organization Chart Attachment Submitted M 5.6 BUSINESS OPERATIONS/CUSTOMER SUPPORT * responses to questionnaire will also be considered as part of the evaluation for Business Operations/Customer Support Detail your business operation structure that is in place to accommodate your government clients. Identify any unique business operations that have been set up that are specific to the government client or that you are able to offer the City of Boca Raton. Type/Provide Response here:We have a national public sector banking group that is comprised of more than 250 employees. The team responsible for the City's accounts, including team meber roles, responsibilities, credentials and experience, are outlined above in Section 5.3.2.D. Commitment to the government sector Bank of America is the undisputed industry benchmark of treasury management services — we simply have the best team of professionals who understand their roles, responsiblities, and the industries they represent. In 1982, we created a specialized division within Global Treasury Services, knows the Global Government Group, which is dedicated to providing a range of products and services tailored to the government sector. We support numerous government agencies throughout the world through a highly specialized and seasoned team of professionals. We have delveoped cash management programs and solutions for the largest of clients, such as the United State Department of the Treasury, the United Nations, and the Department of Defense; to mid-sized govenrmnt clients such as the states of Arizona, California, Florida, New York, Massachusetts, Maryland; to government clients ranging from cities, school districts, municipalities, and colleges to non- profit organizations. Local government client service Page 23 Page 441 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 The City's public sector banking team has a vast knowledge of municipal business and regulations with access to national resources to bring best practices to you. The City has an assigned client team comprised of experts from our Public Sector banking group. Our team approach Provides you with multiple levels of expertise and support in client management, client service, and treasury services. Your client team is familiar with the City and is responsible for the entire relationship. The team will perform relationship reviews on a regular basis to monitor and ensure Bank of America is meeting the expectations of the City. The City will benefit from your designated client team's extensive knowledge and working relationship with government agencies. Stephen Lenehan. client manaaer. is the City's primary contact at Bank of America. Stephen's responsibility is to oversee the quality of service and to coordinate the availability of the resources of the bank. He is fully authorized to represent the bank in all areas of account relationship. In the event Stephen is not available, the City can contact Sean Silverbush, your senior treasury solutions office and primary treasury products contact. 2. Provide names, titles and contact information for the City of Boca Raton's contacts in the organizational hierarchy above the relationship manager. Type/Provide Response here:We have provided the organizational hierarchy above Stephen Lenehan, the City's client manager below. Name Title Area of Responsibility Phone No. Margaret Managing Director, Margaret is 908.709.6037 Scopelianos Public Sector responsible for Banking Executive overseeing the entire public sector banking group regionally. Patricia Brooks- SVP, Market Patricia is Stephen's 202.442.3955 Nobles Executive manager and is responsible for overseeing the Florida public sector banking group. Stephen Lenehan VP, Client Manager Stephen is the City's 561.838.2256 primary relationship manager and oversees the quality of services and coordinates the availability of resources of the bank to the City. Page 24 Page 442 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 4. Provide information on the steps that can be taken and the appropriate hierarchy for contacts to elevate the resolution of issues in the event the City is not satisfied with the results of issues handled by the operational relationship manager. Provide a response specific to each area of services proposed on: If separate contacts apply for Banking, Merchant Services and Lock Box Services, clearly identify. Banking Services: Type/Provide Response here:The City's client team will continue to provide an exceptional level of service that surpasses expectations and swiftly resolves any questions or problems that may arise during the term of this contract. Sarah Snvder. the Citv's dedicated service director who is familiar with the Citv and vour staff. will continue to handle problem resolution, customer service and manage your day-to-day operations and customer service issues. If Sarah is unavailable, she has a team of equals that back her up. This team is familiar with the City and can assist with any of your requests. Sarah works closely with the rest of the City's client team and facilitates streamlined issue escalation whenever appropriate. As members, of the public banking services team, every associate in the client service center is charged with following through on any request as quickly as possible. Most inquiries can be resolved during the initial call. Customer service contact The City can reach Sarah via toll-free phone or email. Sarah has a designated and shared email box that is continuously monitored during regular business hours, assuring a timely response and a quick turnaround for basic issues or requests. By utilizing this email channel, the City will not receive an out of office message and will have one electronic point of entry to this team. Sarah Snyder, dedicated service director Location: Jacksonville, Florida Phone: 888.715.1000 ext. 21627 Email: dedicatedservice101 (a-)-bankofamerica.com Sarah will continue to manage ongoing maintenance for the City. If an issue requires escalation, Sarah will escalate to her manager, who is charged with ensuring the bank meets its overall quality service standards to the City and coordinates bank resources to assist you in any way, including escalation to regional executives to achieve final problem resolution. Sarah may escalate issues to Stephen Lenehan, your client manager or Sean Silverbush, your treasury solutions officer who will work to resolve issues to the City's satisfaction. The gold standard of service for the City The gold level service translates to the following benefits for the City, unmatched by other providers: l Locally aligned client service and single point of expertise l In-depth government business knowledge and proactive relationship evaluations l A dedicated service director who is empowered within the bank as a client advocate l A designated and shared email box that is continuously monitored during regular business hours, assuring timely response and faster resolution of requests; the City will not receive Page 25 Page 443 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 an out -of -office messaae and has available a sinale electronic communication channel for all requests l A dedicated service director who will continue to proactively identify root causes for any frequent service requests, review trending and support the relationship end-to-end l Client team members who gather frequently to proactively manage your issues and action items Merchant Services: Type/Provide Response here:Our chain of command for issue resolution is as follows: Level 1—Customer Service Level 2—Customer Service Lead or Relationship Manager Level 3—Customer Service Team Manager or Senior Vice President of Relationship Management Level 4—Vice President and/or Senior Vice President of Customer Service Lockbox Services: Type/Provide Response here:For wholesale lockbox services, please refer to our Banking Services response above. For retail lockbox services, Joyce Henderson will be the main contact for service issues an escalation. Joyce is the bank's liason for our Bi112PaV solution. Joyce works closely with Sean Silverbush, the City's treasury solutions officer. Joyce may escalate issues to Sean to resolve any issues to the City's satisfaction. 5. The Proposer shall describe any litigation or proceeding whereby, during the past seven years, a court or any administrative agency has ruled against the firm in any manner related to its professional activities. Similar information shall be provided for any current or pending litigation. Failure to return this information with your proposal may result in the rejection of your proposal. If none, state as such. Type/Provide Response here:The bank is a large and diversified institution and is routinely involved in litigation in various state and federal courts. The bank makes all disclosures required by its regulators, including all required disclosures in its Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which are updated in Reports on Form 8-K, all of which are filed with the Securities and Exchange Commission. Those reports include disclosures of investigations and other matters as required by federal law and are publicly available. The bank cannot confirm or deny the existence of any other, non-public investigation conducted by any government investigator unless required to do so by law. 6. Proposer to make a statement if they have ever had a service agreement terminated for cause and detail date, entity / name of company during the past seven years. If none, state as such. Type/Provide Response here:The bank is a large and diversified institution and is routinely involved in contract disputes and resolution activities, as well as litigation in various state and federal courts. The bank makes all disclosures required by its regulators, including all required disclosures in its Annual Reports on Form 10-K and Quarterly Reports on Form 10-Q, which are updated in Reports on Form 8-K, all of which are filed with the Securities and Exchange Commission. Such reports include disclosures of material financial and litigation matters as required by federal law and are publicly available. Page 26 Page 444 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 5.7 QUESTIONNAIRE Any questions that are not applicable due to the Proposer only providing a Proposal for Merchant Services, Proposer to identify with a response of N/A (not applicable) Name of person completing questionnaire: Stephen Lenehan and Sean Silverbush Title: Vice President, Client Manager and Vice President, Treasury Solutions Officer Type of Bank (Federal or State Charter) Federal 2. Is your Bank a member of NACHA? Yes X No 3. Deposits Federally insured up to $250,000 . Is your bank an Equal Opportunity Lender? Yes X No 4. Authorized Florida Public Depository? Yes X No 5. Number of branches located within the City of Boca Raton City Limits We have 10 conveniently located bankina centers within a five mile distance from the Citv's offices. We have provided a complete listing of these banking centers and a map in the Attachments. Map is provided of City limits as an attachment on electronic bidding site (Exhibit C) 6. ATTACH in the Attachment section of the Proposal a list of the branch banks which includes location, business hours, and if there is a night depository for each branch that are in the City limits and West Boca Raton. Provide a map denoting the location of each of the branch banks in the designated area. Submitted as Attachment M 7. Describe the bank's encoding quality -monitoring process. All Bank of America item processing sites maintain a sales and service quality control group. On a daily basis, these groups monitor the encoding qualify of each deposit. Internally encoded and pre -encoded items are reviewed for issues like broken, faded, skewed, excessive ink and incorrect spacing. If refect rates exceed 0.8 percent, a representative from the sales and service quality control group contacts the City to help correct the encoding problem. 8. Please describe in detail your ability to provide remote deposit capture services. Include all benefits, processing procedures, deadlines, return items, safekeeping and destruction guidelines and indemnification. (costs to be identified on the proposal form) The City can greatly benefit from using our Remote Deposit Service Online (RDSO) for your depository needs. Compatible with CashPro Online, RDSO can scan checks and create deposits daily, at any time, throughout the day and at multiple locations simultaneously. Scan checks and deposits electronically Page 27 Page 445 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 If the City is currently processing between 100 and 100,000 checks per month, per location, our RDSO solution can help streamline your deposit process. By scanning checks and remittance coupons right from your desktop and sending them electronically to Bank of America, you will have access to your funds and the ability to reconcile your accounts faster than you have before. RDSO leverages the Check 21 Act, which allows the truncation of the original paper item and can enable the City to clear items electronically. Highlights Highlights of our RDSO include: I i Management made simple: —Extended deadlines — later deposit deadlines allow for longer processing windows and reduced receivables hold over Sgeedv access to funds — with electronic deposits. the bank can credit the Citv's funds faster and in turn, supply funds availability faster — Earlier notification of return items — faster returns can increase the ability to collect on returned items — Desktop depositing to a central account —means managing one single banking relationship, reducing costs and employee reconciling time Cost reduction — Helps to eliminate the need for daily bank runs and increases employee Productivity Robust security features — Includes digital certificates and strict user authorizations, helping to protect check information the City transmits to the bank Auto population — Automatically populates remittance and check detail, reducing keying errors, and integrates data into your accounts receivable platform Online image archive — Allows for faster resolution to customer inquiries How RDSO works 1. Compile all items to be deposited and compute the expected total of the deposit. 2. Log into CashPro Online and select RDSO. 3. Click Create New Deposit and select the account to which the deposit will be made. 4. Select an account group; this function replaces the need for paper deposit tickets that have been encoded with a static location number. RDSO will feed the account group number to downstream applications. 5. Select the deposit type and enter the deposit total. 6. Align the items for deposit within the scanner tray, placing as many items as will fit comfortably in the tray. Up to 500 items may be deposited at one time with no limit to the number of deposits that can be made in a day. 7. Click Start Capture. As images are scanned, they will populate on the screen. 8. Use the custom fields to manually record information about your items or use associated rules to automatically populate static information, like unit, account or customer number. 9. Confirm the declared amount is in balance with the scanned items and transmit the deposit. 10. As you transmit the images and data of each item, the status of each deposit is updated in real time. 11. Use the reports tab to run a variety of reports and export data to your account reconcilement platform, or customize your own reports. 12. Perform item research on items that need additional reconcilement, search by multiple criteria including amount, date and custom field data. Page 28 Page 446 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Reporting RDSO can provide the City with the following reporting: 1 Forty-five calendar day deposit and image retrieval capabilities with 90 calendar days of data retention within the RDSO application. 1 Multiple report formats available including: CSV, PDF, RTF, and XLS. ! Image and data transmission capabilities 1 Application reporting including: — Deposit Detail by Account Report — provides a detailed report in PDF/RTF for deposits made — Payment Detail Report — detail report in PDF/RTF of remittance data — Payment Summary Report — summary report in PDF/RTF for all remittance deposits —Standard Export File — exportable report in XLS/CSV of deposits with transaction detail Research RDSO provides: Ninety calendar day deposit detail and 45 calendar day image retrieval capabilities through RDSO with seven year image retrieval through CashPro Online Multiple options for research including amount, date, account number and item type Ability to download or store query results Deadlines The City will have until 10 p.m. Eastern to receive same-day ledger credit. Deposits sent after this timeframe will be credited the next banking day. Returned Items The Citv can automatically redeposit return items processed as remote deposit transactions. All items returned for nonsufficient funds and endorsement may be redeposited. All other items are handled as chargebacks. If the City is not setup for automatic reclear of returned items, you will receive an Image Replacement Document (IRD) from the bank. The IRD is a leaal document eauivalent to the oriainal check. The Citv may redeposit this check through RDSO or at a banking center. Safekeeping and destruction It is recommended that the Citv safeauard oriainal items for 14 days usina reasonable commercial standards for storage and in accordance with user documentation or local country restrictions (if applicable). Reasonable standards include, but are not limited to, storing the items in a secure location with limited access. Items should be destroyed using a cross cut shredder after 14 days or when all reasonable attempts to collect on the item have been made. Indemnification The Bank suggests that that indemnification provision in the City's existing Treasury Terms and Conditions Booklet be incorporated into new agreement with a monetary cap of $1,000,000 over the life of the contract. Page 29 Page 447 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Address the liability for illegible images. RDSO items that have an error are flagged for correction by the City's user. The user would click on the item and correct the error or re- scan the item. We handle additional balancing at the bank, comparing the image, amount captured and MICR data. 9. How will the Proposer return validated deposit receipts to the City for night deposits? As the City is aware, you may receive a validated deposit receipt for night drop deposits deposited by at a banking center by including a copy of the deposit ticket. After verification of the deposit, the deposit receipts are available at the depositing banking center for the City to pickup. If the night deposit was processed at the West Palm Beach cash vault, the City would receive the deposit receipt either by fax or U.S. mail. We prefer the City direct all deposits to the West Palm Beach cash vault for processing. With this option, the City can receive your deposit receipts in a timely manner by fax or U.S. mail. Additionally, with our Deposit Tracking Service, the City can track the full life cycle of the deposit from preparation through each change of custody, ending with posting and deposit verification. A web -based barcode deposit tracking system, the City can verify receipt of deposits by the bank, next day online notifications and create more than 20 reports to track and monitor your deposits. We have outlined our Deposit Tracking Service further in the Attachments. In what time frame? Five business days 10. What is the Proposer's notification and adjustment process for counterfeit bills and fraudulent checks? We treat counterfeit bills as a deposit discrepancy. A deposit adiustment for the amount of the counterfeit bills will be debited from the Citv's account and the counterfeit item(s) will be sent to the Secret Service. The Secret Service may contact the City for additional information. If the City is setup to receive deposit correction notices via fax, the notice will be sent to the City the day following identification of the counterfeit. If the City is set up to receive deposit correction notices via mail, a courtesy phone call may be provided to the City for cash adjustment differences greater than $500 on the business day following the adjustment. As the City is familiar, with our Positive Pay services, we provide electronic access to view all check activity on your accounts. As each is processed, we automatically capture an image of the check, which is available the next business day for viewing through CashPro Online, allowing you to make rapid decisions on checks that are potentially fraudulent. 11. Safekeeping Services The Proposer may be required to act as custodian of the City's investment securities. For safekeeping purposes, the Proposer would be required to evidence custody by providing an original non-negotiable safekeeping receipt. How would the City be compensated for a failed security due to the Proposer's actions as it relates to Safekeeping Services as fully detailed in the Scope of Services? Every transaction into safekeepina will be evidenced by a safekeepina receipt. Bank of America. N.A. Safekeepina receipts will be issued and mailed directly to the City upon settlement of the security or securities into Safekeepin Page 30 Page 448 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Bank of America, N.A. Safekeeping receipts include the following details: confirmation number, account number, trade and settlement dates, par value, security information such as cusip and description, accrued interest, amount debited/credited from DDA, and delivery instructions used. Bank of America, N.A. Safekeeping will collect all coupons and other periodic income and process per written instructions of authorized persons. Bank of America, N.A. Safekeeping will use reasonable efforts to try to resolve the situation prior to resecting the trade, assuming Bank of America has enough information to identify the trade is belonging to the City. If the trade does in fact fail, Safekeeping will work with the City to determine the appropriate action on a case by case basis. Safekeeping is not responsible for transactions in which the counterparty failed to deliver the security. Bank of America, N.A. Safekeeping provides monthly activity statements that provide sections on income and expense summary, transaction activity summary, maturity schedule, portfolio holdings, transaction activity, and income and expense activity. Specifically, the statement also details all security transactions, market values, coupon information, maturity dates, whether the security is pledged, etc. 12. The Proposer will furnish the City an Availability of Funds Schedule for the clearing of deposits. The schedule shall contain the latest time of the day for deposits to incur the least number of days for clearing each of the following deposit items: Please provide the availability of funds schedule for clearing of deposits. Checks drawn on: a. The Selected Bank (on -us items) Zero days b. Local (Palm Beach County) Checks Two days c. State Checks One day d. U.S. Governmental Checks One day e. Interstate Checks two days f. Do you provide for fractional availability? Yes If YES, provide explanation Availability is calculated by item. To offset transportation misses beyond our control, the bank applies a fraction to the stated availability for non - local endooint. We have Drovided a coov of our funds availability schedule in the P•0 • Credit card deposits Next business day 13. Treasury Management Software Solution Describe the services you provide such as: daily bank balance retrieval, on-line stop payment capabilities, wire transfers initiated on- line by the customer, investment record keeping and sorting features by maturity date, type of investment, source institution and date, downloading of ledger balances and image storage, length and type. As the City is aware, CashPro Online is our premier information and transaction initiation system. An internet-based system that provides the City with online access to a comprehensive set of treasury and trade services. Within the Attachments, we have discussed the above outlined CashPro Online services. Page 31 Page 449 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 14. Electronic Funds Transfer: Describe the services you provide for the payment to vendors through the Automated Clearinghouse by means of electronic funds transfer. (If additional space is required, please include as an appendix to your proposal.) Include a description of the services you are able to provide in implementing an ACH program. The City can continue to send payments to the bank via direct transmission in a NACHA formatted file. As an alternative to utilizing your own software to create a NACHA file, the City can also take advantage of CashPro Online ACH. CashPro Online is a feature -rich tool, which easily supports the origination of ACH debits and credits facilitating the migration from paper to electronic payments. The City can choose from a variety of options based on individual business requirements. With our CashPro Online ACH module. you can: 1 Create origination batches within the ACH application of CashPro Online i Merge payments information from a source system (for example, payroll, accounts payable) with repetitive templates stored on CashPro Online ACH i Pass NACHA formatted files "through" CashPro Online ACH to facilitate file transmission to Bank of America in a hiahlv secure and simple fashion. CashPro Online ACH will also allow the City to use the internet to deliver a variety of ACH Payments to the bank. Using CashPro Online ACH, the City can originate direct deposit, corporate payments, federal and state tax payments, internal transfers and pre -authorized debits over the internet. The system lets the City simplify the process of inputting ACH transactions. A simplified layout walks the District through the data entry process, as well as allows you to create transactions and files in standard NACHA formats. With CashPro Online ACH, files from other payments systems can be easily imported, eliminating the need to re -key information such as vendor name, payment amount and due date and can accept comma -delimited files, fixed format files and NACHA formatted files. The City designates permission to an administrator to use CashPro Online ACH. Your ACH administrator establishes and maintains entitlements based on your entity's requirements and policies. You may select single or dual administration for adding and restricting users' access to CashPro Online ACH. Template and batch approval in CashPro Online ACH provides flexible security options for enhanced payment control. Your users can easily import files from other payment systems, eliminating the need to re -key information. The CashPro Online ACH service accepts comma -delimited, fixed -format and NACHA-formatted files. Additionally, recurring Payment functionality lets you automate repetitive payments for settlement on your desired date, using a daily, weekly, monthly or yearly schedule. Users can create and print summary and detail reports and export payment data in CSV or NACHA file formats. 15. Direct Payroll Deposit: Provide details of how your bank administers Direct Payroll Deposit Programs. The City can continue to process direct deposit of payroll via direct transmission. With the Bank of America Direct Deposit service, you use the Automated Clearing House (ACH) to make payments directly to payees' checking or savings account, improving efficiency and helping reduce your exposure to check fraud. This service can be used for direct Page 32 Page 450 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 disbursement of payroll into employee accounts and other consumer type payments such as expense reimbursements, pension payments and dividend payments. Key features As one of the largest receiver and second largest originator of ACH, our unique features can help the City make your ACH initiation more efficient. — Settlement options to meet your needs — We can post by file, by batch or by collection application — Multiple processing options How the Service Works 1. Each of your payees completes an authorization form that enables you to credit their account using ACH. 2. You create and send us an ACH test file using your system, a payroll vendor or an ACH initiation service offered by us. 3. Once all agreements are signed, send us your ACH file of direct deposit transactions. You may add or change employee account information as needed. We will report any returned deposits to you. 4. All deposits payable to accounts at financial institutions other than ours are sent through the ACH network for posting to the payees' accounts on the settlement date. 5. Provide your payees with deposit notification; their banks provide a bank statement showing the deposit. Is there a limitation as to participating financial institutions? No. Bank of America is the largest receiver and the second largest originator of ACH. We can process ACH payments to any bank, savings and loan or credit union which is a member of the ACH association. In what form and timeframe would you need the information regarding the City's employees and their respective account numbers, payroll amounts, and identification numbers? Our delivery times are extremely flexible and are based on your specific business needs. We generally process work as soon as it is received. Our ACH operators process on a continuous flow basis, resulting in flexible deadlines. Deadlines Because we process on a continuous flow basis, we do not have specific day or night cycle cutoffs. Direct Deposit deadlines with memo post meet NACHA deadlines, which require the receiver's financial institution to provide availability to funds at the opening of business on settlement day. However, compliance with bank deadlines does not guarantee that the receiver's financial institution has the mechanisms in place to collect ACH files in compliance with the NACHA rules, or memo post ACH entries for teller/ATM access. Therefore, we highly recommend that payroll files be transmitted to the bank by 11:30 p.m. two days prior to the effective date. Page 33 Page 451 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Deadlines described below apply to direct transmission files. Files are not considered delivered until the complete file has been received successfully by the ACH site. On -us entries are items destined for a Bank of America domestic account. All times listed below are in Eastern standard time. — Transit Items - 11:30 p.m. one business day — On -us items - 9 p.m. zero business days — Direct Deposit with memo post - 11 a.m. one business day — Sunday for Monday settlement - 10 p.m. one calendar day — Midweek holiday - 11:30 p.m. one calendar day Also, on three-day weekends, Sunday for Monday settlement processing is done on Monday for Tuesday settlement. For future -dated transactions, the City can warehouse transactions for up to 30 calendar days prior to distribution. We recommend that transactions be warehoused for the minimal Period necessary to handle holiday periods, but not for more than 10 calendar days. Provide details on how voiding and reversal of individual direct deposit ACH items are handled. The City may request to delete or reverse an item, batch or file by submitting a completed Reversal/Delete request form via fax or secure email. The City will receive a Requested Deletes and Reversals Report that confirms the actions taken by the bank on your request, regardless of whether the request was for an item, batch or file. This report indicates if a delete or reversal was initiated and supporting detail, including the total item count and amount of the items, batches or files for which we initiated deletes and reversals. The Requested Deletes and Reversal Report is generally available the same day we process your request. Upon request, we can also provide the Reversal/Deletion Entry Detail Reconcilement List Report that reports deletes and reversals by settlement date and includes supporting detail, such as the file number, batch number, entry description and entry detail. The Reversal/Delete Entry Detail Reconcilement Report is generally available by 6 a.m. Eastern, the business day after deletes and reversals are initiated by the bank. The Requested Delete and Reversals Report and the Reversal/Deletion Entry Detail Reconcilement List Report are available via online statements, print file transmission and fax. Indicate If it is possible to reverse or cancel an ACH file, and the appropriate procedures and rules applicable. Yes. If your ACH transactions have not been released to the ACH Operator, you may request that we delete erroneous transactions using secure email or fax. If your ACH transactions have been released to the ACH Operator, you may request that we reverse erroneous transactions using secure email, fax or a NACHA-formatted reversal file. The deadline for NACHA-formatted reversal and origination files is the same. The deadline for completed Reversal/Delete Request forms is 9:00 p.m. Eastern. Deletion/reversal requests received after the deadline are likely to be processed the next business day. 16. Lock Box Services: Page 34 Page 452 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 (if alternate proposal is included in the Checklist, clearly detail as proposed / alternate solution Describe your retail lock box services. We currently provide retail lockbox services for the City. Water and sewer consumer payments are collected and processed in a paperless environment. As your current treasury provider, we understand your day to day receipts process and requirements. Your client team is excited to propose Bill2Pay in Clearwater, FL as an alternative lockbox solution that will greatly benefit the City. Please refer to the Attachments for additional details about our Bill2Pay lockbox solution. Submitted as Attachment M Describe your wholesale lock box services. Today, the City maintains two Bank of America Atlanta Wholesale image lockboxes to process business tax receipts and emergency medical service payments. As the City's current treasury services provider we will continue to process your lockbox payments as we do today. For the purpose of this RFP, an overview of our Wholesale lockbox capabilities are provided in the Attachments. Submitted as Attachment M Will a subcontractor be utilized for Wholesale Lock Box Services as further detailed in the Compliance Checklist? As the City is aware, we may outsource the data capture piece of lockbox processing. The use of in-house and outsourced keying capabilities allows us to tailor solutions that best meet our clients' keying needs in the most efficient and cost- effective manner. Our current lockbox processing procedures meet the City's requirements are thus in compliance with the checklist provided. z Name of Subcontractor: Not applicable. Will a subcontractor be utilized for Retail Lock Box Services as further detailed in the Compliance Checklist? Yes, Name of Subcontractor: Bi112Pay Detail your history and working relationship with using each subcontractor identified: Response provided as: We work with Bi112Pay for retail lockbox services for the state of Florida and municipal processing. How will the coordination of services be performed if using a subcontracted firm? Retail lockbox items will be sent directly to Bill2Pay via Tampa International Airport. Who is responsible for each function? Joyce Henderson is the liason for Bill2Pay and the bank. What city and state do you plan to utilize for the lock box mail collection site? We will continue to provide Atlanta, GA for the City's wholesale lockbox mail collection. Clearwater, FL will process the City's retail lockbox payments, with mail to be sent to a PO Box at Tample International Airport. 17. Credit Services: Indicate the dollar amount of credit you would be able to extend to the City on a short-term basis through promissory note or line of credit if the City decides to Page 35 Page 453 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 avail itself of such services from your institution. Bank of America would consider a line of credit based on the relationship established by the City with the bank. The amount of the line of credit would be determined based on the bank's standard underwriting and approval process taking into consideration the financial condition of the City and the proposed security pledge. The line of credit would be subject to an annual fee determined by the bank upon approval and underwriting of the proposed credit facility. The loan funds may be provided either directly by your institution or by your institution as the lead bank with other participating banks. Fees to be identified in the Optional Pricing Section of the proposal. 18. Lease Financing: Describe the type of financial services you can provide to the City for leasing machinery or equipment. In order to meet the City's financing needs for equipment or machinery, Banc of America Public Capital Corporation would propose setting up a master lease line. We have set up master lease lines for numerous cities and states across the country. They have many advantages, including: Involves multiple assets, may have multiple tenors I i Fixed or floating rate Extended draw downs (up to one year) I i Funded either: —Into Escrow account: single funding; priced at funding date, or —Upon delivery of eauipment: multiple fundinas with Dricina based on formula set at outset of lease, recalculated upon each funding Include any limitations your bank may have. We would be happy to discuss the City's equipment and machinery financing needs and set up a lease to meet any upcoming needs. 19. Other Innovations: Propose any new financial services, plans or practices deemed to be in the best interest of the City not otherwise addressed in this proposal. Any fees for these services to be included in the Fee Proposal section "Future Services" Over the last couple of years, Treasury Solutions Sales Officer, Sean Sivlerbush has recommended a couple of new financial services, ideas and treasury solutions that will enhance the City's current banking services and provide you with the most up to date technological advances in the banking industry. These recommended additional services include the following: ePayables — transformation of checks to card payments Safeconnect — electronic deposit of currencey in conjunction with armored carrier safe product Deposit Tracking System — have visibility into the lifecycle of your deposits We have provided a comprehensive overview of each of these recommended services in the Attachments. 20. Business Operations- BANKING SERVICES ONLY Page 36 Page 454 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 A. What is the largest volume of paid items your bank processes in one month for a single commercial account? The bank has several commerical accounts which clear over three to four million checks per month. During peak times of the year, some commerical clients may clear up to four to five million checks per month. B. What is the largest volume of deposit items your bank processes in one month for a single commercial account? Commercial clients similar to the City can average in excess of 100 deposits per month. Average totals can consist of a mixture of deposit methods including: Remote Deposit Service Online (RDSO), Image Cash Letter, Banking Center, Lockbox and Vault deposits. C. Describe your wire transfer department. Please refer to the Appendix section for a full description of our wire transfer department includina servicina. Where is it located Our three primary wire operations centers are in the following Federal Reserve Districts: East Coast Site 1 — Third Federal Reserve District (Eastern time zone) l East Coast Site 2 — Second Federal Reserve District (Eastern time zone) West Coast Site — Twelfth Federal Reserve District (Pacific time zone) Who manages it Our wire transfer department consists of the following groups: customer service, implementation and processing. Each group is managed bV a senior level management associate. The City should continue to contact Sarah Snyder, your DSD for assistance with any day-to-day wire transfer needs. Additionally, your assigned client team can assist the City with any other wire transfer questions or concerns. What is your normal cut-off time for outgoing transfers? The cutoff time for outgoing wire transfers initiated throuah CashPro Online is 5:30 D.M. Eastern. What is the Proposer's policy in case of a wire transfer failure for which the City has confirmed receipt of instructions? The City currently initiates wire transfers through CashPro Online electronic payment application and is familiar with our wire transfer failure policy. For the purpose of the City's RFP an overview of our policy is provided hPlnw_ Bank wire transfer failure policy: If Bank of America fails to execute a wire transfer for which we have assumed liability under UCC4A, and which has passed other regulatory requirements (such as OFAC), we will be responsible for damages as described in the UCC4A and as agreed in the Treasury Services Terms and Conditions, provided that the bank shall not be responsible for any delay or failure as a result of factors beyond our reasonable control. How and when is the City notified of a failed wire transfer? If the bank fails to execute a wire transfer, we will notify you as soon as possible by telephone. What controls has the Bank put in place to prevent wire transfer fraud to prevent ACH and Wire Transfer fraud? Regular reviews and audits of our system are performed to validate appropriate controls for fraud prevention and to make certain we meet industry standards for security. The bank uses a layered approach to fraud prevention, seeking Page 37 Page 455 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 primarily to prevent initiation of fraudulent items in the first place, but also using other safe guards and software to identify fraud anywhere in the payment process. E -banking channels are frequently reviewed to identify new opportunities to increase security and remain state-of-the-art from a security perspective. To manage security at the point of initiation, fraud detection tools are also in place on core bank platforms as another laver of protection. Additionally, Bank of America complies with SWIFT standards for message authentication and security, having participated in the upgrade from BIKE to RMA, including the implementation of RMA Plus in September 2008. What has been the Proposer's experience with fraud in the wire transfer area? We have not experienced any fraud in the wire transfer area. D. Describe your account reconciliation department. Our reconcilement department consists of a customer service, implementation and overall processing units. Our customer service unit partners with the City's DSD, Sarah Snyder to address any reconcilement issues. Our implementation team will work with your treasury solutions team led by Sean Silverbush to implement new and enhanced services to your existing reconcilement accounts. Finally, our operations team handles the tedius task of balancing each of the City's partial reconcilement accounts. We recommend the City enhance your reconcilement features on your Accounts Payable and Payroll accounts by implementing Full Account Reconciliation. Additional details about Full Account Reconciliation is provided in the Attachments. Where is it located, Our account reconciliation processing sites are located in Malden, MA and Atlanta, GA. Who manages it? Our account reconciliation department consists of the following groups: customer service, implementation and processing. Each group is managed by a senior level management associate. The City should continue to contact Sarah Snyder, your DSD for assistance with any day-to-day account reconciliation needs. Additionally, your assigned client team can assist the City with any other account reconciliation questions or concerns. What is the timing for completion of reconciliation's after receipt of input information from the customer? We currently send the City a completed reconcilement report within three business days for your partial account reconciliation accounts. The turnaround time begins on the day following receipt by the bank of complete issue data or the day following the statement cutoff date, whichever is later. E. What length of time does your bank need to set up lock box processing with an OCR Scanable document? The average lead time for a lockbox with data transmission generally is 30 to 45 business days; those that require an image transmission can expect a minimum of 45 days. F. Should the City's main accounts be the target of counterfeit drafts, what are your procedures to limit losses to all parties concerned and what is the effect and cost to the City? We recommend the City continue to use positive pay and ACH Filters and Blocks fraud prevention services to help eliminate fraudulent activity and counterfeit items against your main accounts. Page 38 Page 456 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 G. Describe your process for resolving deposit discrepancies, especially when cash is in question. For most deposits, discrepancies that are below the bank adjustment threshold are written off. The bank threshold is subject to change without notice and may vary based on the type of deposit and deposit channel. A separate debit or credit is posted to the account for an adjustment amount. To make it easier for the City to reconcile deposit activity, declared deposit amounts are not altered. Deposit adjustments are reported through various methods. The City is able to view deposit adjustments via CashPro Information Reporting. Adjustments are also viewable on the account statement. Deposit adjustments are reported at the account level, but can also be seen at the sub -account level for Zero Balance Accounts. H. Describe your method of applying pricing to governmental or exception type accounts. Our price proposal is specific to the City. I. How do you lock in and maintain our banking fees into your billing system? Our pricing proposal is specific to the City. Banking fees are applied through our analyis system. We have made and continue to make investments in our systems to ensure the City receives accurate billing each month. Fees are locked through the term of the contract. We will continue to bill the City monthly. Today, the City is invoiced monthly for analysis charges. What steps are taken to assure accurate billing each month per the final agreement rates. Describe the Proposer's ability to make cash available before, during and after an emergency: Coins and currencv are occasionally reauested by various Citv departments. Each department will send via courier, a certain dollar amount of currency to the bank along with a detailed list of coins required. The bank will receive the currency and send the requested coins to the department via courier the next day. Since this is an exchange, no transactions should be recorded in the bank accounts. There should be no cost to the Citv for this service. In the event of an emergency, the City has access to ten conveniently located banking centers within the city limits of Boca Raton and 640 in the state of Florida. Additionally, in a disaster situation, the bank has full service Mobile Banking Units and Mobile ATM Vehicles that can be deployed and operational within 24 hours. Value —Added advantage: Mobile Banking Units Our Mobile Bankina Center Proaram will maintain. manaae and deDIOV temDorary full- service Mobile Banking Center uUits to minimize business disruption and exceed your expectations as needed during disaster situations. The mobile banking program features commercial -quality, heavy-duty, vehicle -style units that are fully self-contained, with the following key features: l On -board generator for self-contained power l On -board satellite for self-contained network connectivity I l Cash dispensing ATMs Il Teller client servicing options K. Describe your Emergency Disaster Plan and assistance available to the City. Page 39 Page 457 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 The bank has a full disaster recovery plan to assist the City in the event of an emer, eca ncey or a major disaster. A comprehensive Disaster Recovery plan review is provided in the Aftnn kmon+c As an existina CashPro Online client. the Citv is familiar with disaster recovery plans and options to obtain bank information. In the event of an emergency or major disaster, the City's authorized CashPro Online users cans can operate from any location with remote access. Since we archive all data transmission files, subject to the bank's archiving and data retention policies, we can resend them to you as soon as your systems are recovered. Additionally, your DSD, Sarah Snyder, is available to assist during an emergency. For example, balance reporting, lockbox, controlled disbursement and other critical reports can be faxed to your recovery site, if necessary. Include time to restore based on type of disaster. Our disaster recovery plan is specific to services and applications. Please refer to the Attachments for a comprehensive description of disaster recovery plans and procedures related to the City's services. L. Positive Pay: Detail if payee match is part of positive pay Yes. Payee Positive Pay is offered as another enhancement to our traditional positive pay service. Payee Positive Pay is an image -based tool that adds another level of security to the bank's check fraud prevention services. This service captures the payee name on checks presented to the bank and compares it to the City's supplied information to determine if the payee name has been altered. Any payee discrepancies will be reported to the City for review and decisionina whether to pav or return the item. When addressing positive pay, address procedure for verification when City is closed for business. When the Citv is closed for business. the bank will honor vour pre -determined default decision when processing exception items. A "default decision", is established at the account level during implementation. In the event that you are unable to respond by the established deadline. we will either pav or return all exception items per vour default instruction. 18. BANKING SERVICES: IMPLEMENTATION OF SERVICES / START-UP / COMMUNICATION A. Describe your conversion plan to transfer assets of the City to the Bank. By maintainina vour relationship with Bank of America. the Citv will continue to use each of your current core treasury management systems without disruption or testing. All City accounts, routing numbers and processes stay intact. You will also avoid a time-consuming and costly conversion process. That means City employees can focus their valuable time on other proiects. which ultimately saves you sianificant work time and money. Page 40 Page 458 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 As an added benefit of renewing your contract with the bank, the City will avoid many of the burdensome procedures and costs associated with switching financial service providers, such as converting deposit slips, deposit bags, payroll/accounts payable check and banking software. As your current provider, there is no need to assemble a transition team— your established client team will continue to provide responsive, knowledgeable support. No need for transition team + no burdensome conversion or testing = Service continuity for the City. B. What lead-time is needed to implement the rates, services per the agreement. As Previously mentioned, upon re -award of the City's contract, we are prepared to offer an enhanced ECR rate of 50 bps. Should the City implement new recommended services, you will continue to benefit of the agreed rate throughout the term of the 5 year contract. C. Indicate your plans for educating and training City employees in the use of your systems. As an existing Bank of America client, the City has access to user manuals and quick start guides for each of the existing and recommended services. A technical support assosciate will provide training for all newly implemnted CashPro Online services within three days of the completed set up. Following implementation of new services, the City's authorized users can access CashPro University, our online treasury management resource center for convenient, anytime answers to many of your procedural questions. Our most popular method of training is the webinar. This online classroom combines instructor -led, interactive web -based learning with a teleconference. Depending on your specific needs, the implementation advisor may determine that traditional, on-site training will be more effective. D. What are the Checklist items for when a new customer is set-up. Submitted as Attachment ❑ or response provided: Today, the City is an existing CashPro Online client, therefore you would not be considered as a new client. However, when implementing new CashPro Online applications, the City will work with an assigned Implementation Advisor (IA), Your IA is strategically aligned with your Treasury Solutions Officer, Sean Silverbush; together they will work with the City to ensure a smooth implementation of new services. 19. City Employee Banking Services Currently, City employees who utilize direct deposit for payroll distribution are eligible for a checking or savings account without a monthly service fee. This service shall be continued. In addition, City staff have the opportunity to discounted pricing on banking products and services as well as a check cashing card at no charge. Page 41 Page 459 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Proposer to provide information on any programs that are customarily made available to the employees that utilize direct deposit based on the "Client" City being a corporate customer of the bank. The City has approximately 1500 employees and approximately 98% utilize direct deposit for payroll distribution.) As an existing client, the City can benefit by continuing to offer our Bank at Work program to your employees. This program offers City employees access to financial tools, resources and solutions to help them manage their everyday banking needs and pursue their short- and lona-term aoals. Within the Attachments, we have provided program details and the benefits to the Citv and vour emplovees. 20. Automated Clearing House (ACH) Deposits The City currently takes payments for utility bills using the ACH system. The information regarding the payments is transferred to the City on an as needed basis using FTP. The bank currently manages these files for the City. Provide a description of the Proposers ACH processing used to accommodate the use of ACH payment receipts. The City can continue to process utility bills using our ACH system as you do today. For the purpose of this RFP, a full description of our ACH capabilities is provided in the Attachments. 21. Treasury Management Software Provide summary statement/overview of your Treasury Management Software. Include menu flow, including sign -on and navigation menus. As the Citv is aware. CashPro Online is the bank's premier information reportina and transaction -initiation system, uses internet-based technology and eliminates the need for you to install, support and upgrade bank -supplied software. The City will continue to benefit from our sophisticated, easy-to-use online treasury management platform, CashPro Online. Our comprehensive tool delivers simple access and greater control over all the financial solutions the Citv reauires. CashPro Online provides the Citv a deeper level of electronic efficiencies because it is a one-stop, secure application. We have provided sample screen shots in the Attachments. Submit screen shots as an attachment to the Questionnaire section showing basic menus. Submitted as Attachment M 22. Is there any disclaimer of liability required for use of your web based products? Our disclaimer for these products is covered in our standard Terms and Conditions Agreement. As your current treasury services provider, we hve an executed Terms and Conditions Agreement on file. Identify products and response for each. Page 42 Page 460 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Our disclaimer for these products is covered in our standard Terms and Conditions Aareement. As vour current treasury services orovider. we hve an executed Terms and Conditions Agreement on file. 23. Security of Web Based Applications (Related to Banking Services) (Do not include products related to Merchant Services for this question) For each product available identify the product and detail the requested information as it relates to each Web Based Application proposed for the City to use. Web Based Application No. 1 — Name of Product: CashPro Online What application is this used for? Transaction Initiation & Information Reporting a. What form of authentication and encryption is used for client transactions? All sessions use 128 -bit secure socket layer (SSL) encryption protocol, which continuously verifies the identity of each party during the session, encrypting messages so they remain private and unaltered. Multiple levels of approval, including security tokens, provide an additional safeguard and control of select services. b. If certificates, how frequently are they audited, and what measures are taken to ensure that revoked certificates are denied access. Please refer to the Appendix. C. How are session states maintained? Please refer to the Appendix. d. If cookies are used, are they encrypted? Please refer to the Appendix. Persistent? Please refer to the Appendix. Digitally signed? Please refer to the Appendix. e. How are session IDs generated? Please refer to the Appendix. f. Are lock -out measures used to guard against brute -force attacks? Please refer to the Appendix. g. Does session inactivity cause a sign -off? Yes After how long? 30 Minutes h. How are form entries protected against common attacks like SQL injection, buffer overflow, Cross -site scripting, etc. Please refer to the Appendix. i. What web server software are you using? Please refer to the Appendix. j. What internet browsers is your software compatible with? Microsoft Internet Explorer 7.0 with SP3 with 128 -bit encryption Microsoft Internet Explorer 7.0 with 128 -bit encryption Eirefox 3 . 0 Are there any exceptions or limitations? Please refer to k the Appendix. Describe procedures to test and install manufacturer's security patches wher Issued. Please refer to the Appendix. Do your web based applications conform to "Open Web Application Security Project" (OWASP) Standards?tj�r://www.owaspoorq. Please refer to Appendix. Page 43 the Page 461 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Web Based Application No. 2 — Name of Product: What application is this used for? _ a. What form of authentication and encryption is used for client transactions? b. If certificates, how frequently are they audited, and what measures are taken to ensure that revoked certificates are denied access. C. How are session states maintained? d. If cookies are used, are they encrypted? Persistent? Digitally signed? e. How are session IDs generated? f. Are lock -out measures used to guard against brute -force attacks? g. Does session inactivity cause a sign -off? After how long? h. How are form entries protected against common attacks like SQL injection, buffer overflow, Cross -site scripting, etc. i. What web server software are you using? j. What internet browsers is your software compatible with? Are there any exceptions or limitations? k. Describe procedures to test and install manufacturer's security patches when issued. I. Do your web based application-& conform to "Open Web Application Security Project" (OWASP) Standards? tj�r://www.owas�roorq. Web Based Application No. 3 — Name of Product: What application is this used for? a. What form of authentication and encryption is used for client transactions? b. If certificates, how frequently are they audited, and what measures are taken to ensure that revoked certificates are denied access. C. How are session states maintained? d. If cookies are used, are they encrypted? Persistent? Digitally signed? e. How are session IDs generated? f. Are lock -out measures used to guard against brute -force attacks? g. Does session inactivity cause a sign -off? After how long? h. How are form entries protected against common attacks like SQL injection, buffer overflow, Cross -site scripting, etc. i. What web server software are you using? Page 44 Page 462 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 j. What internet browsers is your software compatible with? Are there any exceptions or limitations? k. Describe procedures to test and install manufacturer's security patches when issued. I. Do your web based application& conform to "Open Web Application Security Project" (OWASP) Standards?,t iro//www.owas�roorg. (if more than 3 products, submit as an attachment - attachment submitted? 24. The City anticipates using an armored car service. Please detail the armored car procedures with your institution. To save costs to the City, we recommend the City contract directly with an armored carrier of your choice. The West Palm Beach cash vault accepts deposits from Dunbar, Loomis, Garda and Brink's armored carriers. 25. MERCHANT CARD SERVICES a. Provide an overview of the operational functionality of how your merchant card program operates. We offer the broadest processing capabilities supporting traditional and emerging electronic payment methods with a focus on all industry segments and verticals. Advantages include: Enhanced interchange management for cost reduction Wide range of products, payment types and connection options Dedicated card present and eCommerce solutions and expertise Most terminals enabled for integration with TransArmor Snllit 1nn Other services include Global Merchant Acquiring (GMA and Dynamic Currency Conversion (DCC) Proven reliability with 99.99° authorization system uptime Bank of America Merchant Services is the number one rated payments company in the industry based on bankcard, other credit, and PIN debit sales volume and transactions per the Nilson Report, March 2012. We can also add value by joining with our treasury partners to offer a payment collection gateway and ePayables solutions. Since you currently have a checking account with Bank of America, we can provide funds availability as soon as the next business day. Our mission and commitment to you is very clear - to minimize your total cost of card acceptance. b. Implementation / start-up / services Page 45 Page 463 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 (i) Detail the conversion plan, implementation steps and project check list that would be used for the start-up related to Merchant Services. Submitted as Attachment ❑ or Type/Provide Response here:We understand how critical a seamless implementation is to the City. Our solution is flexible and can deliver a unique processing partnership to your business operations and customers. We will partner with the City to codevelop service deliverables and a tailored implementation plan to best support your environment and needs. We anticipate that since we use First Data's platforms in our solutions,, your fees, expenses, timing, and resources can all be minimized. Our basic implementation process is as follows: Discovery Prior to and on the awarding of a contract to Bank of America Merchant Services. multiple internal meetinVswill be held with the core individuals from the dedicated conversion team, which will consist of the Implementation Coordinator, Strategic Account Executive and Relationship Manager. This team establishes the initial expectations and protocols of implementation. This meeting will also include Account Management, Business Management, IT -Systems, Customer Service, Training, Accounting, Settlement, Deployment and an,, other required to support your implementation. The objective of this meeting is to coordinate all Bank of America Merchant Services employees involved in the project to ensure all parties within our organization fully understand the project objectives, targets and individual roles and also to define the scope of the implementation and formally present the plan for customized review and/or adjustments. Post -award, a second discovery meeting will be scheduled with our apropriate counterparts and key stakeholders from the City, to clearly understand and validate requirements, timing, scope and expectations for a seamless conversion. Project Plan Following the completion of the discovery process. the codevelobed Proi ect Plan is finalized to accommodate any necessary requirements for the successful boarding of locations. Terminal application, communications, and hardware is reviewed with quality assurance, product development, Customer Service personnel and the training department to ensure a thorough understanding of the specific equipment and how it processes. Boarding Once this has been completed, the Implementations Team and Coordinator begin the boarding process. A joint team is defined for accountability and implementation execution, including the Account Manager, Customer Service support staff, Trainers, Implementations backup and their counterparts from the City. Page 46 Page 464 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Scheduled status meetinus between the Citv and Bank of America Merchant Services are coordinated to provide progress report updates with all associated groups. All issues should be resolved or escalated within 48 hours. Benchmarks and project success metrics at Six Sigma standards are defined to ensure the project stays on target. This is reviewed daily with the Implementations Coordinator to ensure there are no issues left unresolved. Pilot Program Once the boarding bhase begins. the initial bilot sector begins brocessina transactions. It is monitored for transaction processing, settlement processing, deposits and ACH, and reporting. Once the pilot is successfully completed to customer's satisfaction, the implementation continues per the agreed on plan. Milestones Following are typical time frames associated with a major account implementation. After the scope of the implementation is clearly defined, a codeveloped project plan with mutually determined timing will be communicated and executed. (ii) What lead-time do you expect will be necessary to transition the City's account? Type/Provide Response here:Generally 12 weeks, but as the incumbent we would not require an implementation. (iii) Provide the server specification checklist for your payment services, if applicable. Type/Provide Response here:A new release of ICVerify V4.2 is available, with this version is fully PA -DSS certified and listed as a validated payment application on the PCI security standards website. Included is support for Windows 7 (32 and 64 bit) operating, system. Minimum System Requirements A Pentium/Athlon combuter of 1 GHz or faster brocessor running Microsoft(') Windows XP Home / Professional (service pack 3 or later), Windows 2003 Server (service pack 1 or later) Windows Vista (32 bit and 64 NO or Windows 7 (32 bit or 64 NO. Up to 512MB hard drive space for the full installation of Microsoft SQL Server 2005 Service Pack 4 Express Edition. 512 Megabytes of RAM. Page 47 Page 465 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 CD-ROM drive required for program installation. Microsoft .NETrm Framework Redistributable version 2.0 or later. Microsoft Internet ExblorerTM version 6.0 SP1 or later. Microsoft Visual C++ 2005 SP1 Redistributable Package (x86) — for Windows 32 bit vercinnc Microsoft Visual C++ 2005 SP1 Redistributable Package (x64) — for Windows 64 bit vercinnc Broadband Internet access recommended for Internet processor access, Additional requirements in conjunction with encryption, data storage, firewalls, communication and other aspects of payment processing may be needed in order to comply with PCI PA -DSS application requirement as indicated within the ICVerify Installation documentation. (iv) If any additional equipment is required, will your firm supply the equipment at no cost or reduced cost to the City? Type/Provide Response here:We will continue to supply at a reduced cost. (v) Is the City required to maintain an account in your bank to process cards (applies to non banking institutions) Type/Provide Response here:No. However, we can deposit credit card funds into your account the next business day with a Bank of America deposit account with receipt of your transactions by 2:30 a.m. Eastern. If you do not deposit your settlement funds to a Bank of America deposit account, funding will generally occur the second business day after receipt of your settlement file. This time frame may be affected by the posting procedures of your depository institution. Also, any other card brands you contract directly_ with will fund based on their capabilities. (vii) The City has identified a term of five years. Confirm your ability to guarantee your rate structure for the five year term. Type/Provide Response here:The agreement that we are currently negotiating with the state of Florida, and expect to have finalized soon, will contain terms regarding fees and any changes to the fees. If you are not able to guarantee your rate structure for the five year term, as a deviation, identify the proposed term you can guarantee the rate for: Type/Provide Response here:The agreement that we are currently negotiating with the state of Florida, and expect to have finalized soon, will contain terms reyardiny fees and any changes to the fees. If the proposed rates are not agreeable to the City with advance notice, confirm the City can cancel without cause with no early termination/cancellation fees. Page 466 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Type/Provide Response here:The agreement that we are currently ne oto iating with the state of Florida, and expect to have finalized soon, will contain terms reyardiny fees and any changes to the fees. NOTE: this is a deviation to the Sample agreement - (vi) What assistance will you provide the City with as it relates to any new protocol as it relates to Visa, Master Card, Amex. Type/Provide Response here:Keepiny the City informed is a critical part of the service we provide. We communicate updates of industry -related rule and regulatoryregulato!y changes to your designated contacts as soon as we get them from the card brands. For example, how would you communicate and educate the City on the recent change with the ability to pass surcharges onto customers using Visa? Type/Provide Response here:We schedule Webinars and/or client meetings to review and discuss major regulatory changes such as Spring and Fall interchange releases. We help you understand what these changes mean to your business and how the City can best mitigate or take advantage of them. (vii) It is the City's desire to find a method to consolidate the number of gateway services with each of our Software providers. Identify if this is an area that your firm would be able to assist with. Type/Provide Response here:We will work with the City to understand your needs and determine how we can support your vatewU requirements. (vii) Detail any additional customer support services that are offered to the City at no charge. Type/Provide Response here:We value our relationship with the City. The highly skilled team of experts in our 24x7x365 Technical and Customer Support help desk can access the transaction database in real time, includingyourmerchant and terminal profiles. This means that our service is personalized to your business and relevant to the immediate issue you are experiencing. The toll-free number we provide you, along with your Merchant Identification (MID), lets you reach a representative trained to respond to issues pertinent to your specific industry and account. We are usually able to resolve an issue on the initial call. If the issue is too complex to resolve immediately, we strive to complete research and resolution within 72 hours. We provide and maintain primary and secondary call centers in the U.S. We maintain a bilingual staff and can support more than 170 languages through a third -party vendor Page 49 Page 467 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 In addition to providing customer and help desk support, we assign the City a Relationship Manager to support your . -thy needs. Control /Security (i) Describe the electronic and/or manual system used to provide the proposed services along with backup and recovery capabilities. First Data's recovery plan for the data center consists of a combination of strategies. First Data's backup strateav includes the use of electronic vaultin Mainframe system backups are performed on a weekly basis; some components are backed up daily. - Application backups are performed throughout the daily cycle process, with some data being backed up weekly or monthly as may be appropriate. - Distributed systems are backed up according to the needs of the individual application as established through the Business Impact Analysis (BIA). First Data's recovery strateaies are tailored to fit the recovery reauirements of the various applications. -Mainframe recovery utilizes a mainframe configuration specifically designed to meet First Data's recovery requirements. -Mainframe application recovery is accomplished by restoring data from archives that are written directly to the recovery site. -Distributed systems recovery is tailored to the individual requirements of each specific application based on business priority. (ii) Describe the types of insurance and bonding carried. Bank of America Merchant Services carries broad insurance coverage in amounts considered reasonable for the covered risks. Coverage includes protection of people, property, and data, including customers' property and data. Risks covered include all risk coverage for property, premises and operations liability, professional liability, cyber liability, and crime. We have provided sample insurance certificates in the Appendix. Upon request, we can provide certificates for more detail on carriers, limits, and scope of coverage. (iii) Include a copy of your most recent report issued in accordance with the Statement of Auditing Standards- SSAE 16. Submitted as Attachment (iv) Discuss your security protocols, including adherence to Payment Card Industry Data Security Standards, for ensuring credit/debit card data is secure, including via Internet transactions. PCI compliance status is reaffirmed annually by our Qualified Security Assessor (QSA), Trustwave, and includes quarterly vulnerability assessments. Page 50 Page 468 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 First Data maintains a PCI -DSS Prouram that includes validatinU PCI combliance annuall for its global family of business units using a Qualified Security Assessor (QSA). PCI validation paperwork is sent to Visa and PCI Council annually, and this can be reviewed by visiting the Visa web site that lists all validated Level 1 Service Providers. See: hap://www.visa.com/splisiing/ For electronic transmission, at a minimum, 128 -bit encryption is used when data is transmitted across external networks. Encryption for data transiting internal networks varies bygpplication. The Network Securitv Standard reauires boundary safeguards. including authentication segmentation, and a teway/firewall requirements. Communication through boundary devices is controlled at both the port and IP address level in accordance with First Data's documented standard. Network devices are configured to prevent communications from unapproved networks, routing= protocols are configured to use authentication, and network devices deny all access by default. First Data continuously monitors network traffic and other systems and almlication events for unexpected or potentially malicious activity. To ensure adequate scrutiny, automated processes review log files in real time and trigger alarms when a policy violation occurs. The 24x7 First Data Security Event Management Center (SSMC) has responsibility for alert response and draws upon on-call, technology - specific engineers to provide additional expertise. (v) Detail any additional security measures or data redundancy your firm has in place that is unique to your competitors. Type/Provide Response here:First Data is PCI compliant. A dedicated PCI compliance team within Enterprise Security, Risk & Compliance ensures that First Data stays abreast of changes in the regulations and addresses any issues identified in annual audits or quarterly tests. First Data's security brouram is headed by the SVP Enterarise Security. Risk. Combliance reporting up through First Data's Chief Technology Officer. ESRC consists of 8 domestic teams, each specializing in a different aspect of IT security, risk, compliance, and audit. Total US staffing is close to 350, most of who have more than 10 years IT security experience and multiple certifications. Close to three dozen technology, security, privacy, legal, audit, and safety certifications are represented. The Information Securi . Policy framework is based upon the following: ISO27001:2005, ISO27002:2005, PCI DSS, PCI ADSS. Corporate security policies also include practices in FTC 16 CFR Part 314, Standards for Safeguarding Customer Information, Final Rule. First Data's policies have been reviewed and approved by these three broadly recognized assessors — SSAE16/SOC 1 (Ernst & Young), PCI DSS (Trustwave) and GLBA (FFIEC) — as well as many state, local, and customer assessors. The Information Security Policy framework is based upon the following: ISO27001:2005, Page 51 Page 469 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 ISO27002:2005, PCI DSS, PCI ADSS. Corporate security policies also include practices in FTC 16 CFR Part 314, Standards for Safeguarding Customer Information, Final Rule. We have chosen this broader approach rather than the strict adherence to one standard because it enables: • A single, global First Data IT security policy • That meets the full scope of legal and re u_ug latory requirements • Across a diverse spectrum of products and services First Data has earned PCI combliance. as well as meetinu the manv reauirements of state federal and industry regulations through the controls of its defense -in-depth architecture. First Data requires access controls on all aplications, operating systems, databases, and network devices to ensure that persons only have the minimal privileges they require. Data from disparate clients is logically segregated and safeguarded through these access controls. There are formal processes in place for managers and data owners to grant and approve and terminate access, communicate passwords, enforce password complexity and expiration and perform password resets. Access privileges are based on job responsibilities and are regularly reviewed to ensure that only, those with a current need -to -know have access. Each ID is unique and is associated with a specific individual. Systems require multi -factor authentication. From a Network bersbective. secure. encrvbted communications are used for remote administration of production systems and aplications. System standards/procedures include disabling all unneeded or unused services. There is a formal process and schedule for testing and implementing security -related patches. Intrusion Detection is in place on the following segments: Internet point -of - presence; DMZ; Extranet; internal production network, and network segment hosting target data. It is configured to generate alerts in case of incidents and values exceeding normal thresholds for the environment. A formal process is in place to regularly pdate the IDS signatures based on new threats and changes in the environment. The system is monitored 24x7x365. In the event of a NIDS functionality failure, an alert is generated. NIDS events feed into the Incident Management process. From a Host Svstems bersbective a robust Host Securitv brotocol is subborted. Host -based intrusion detection is installed on systems. Unalterable event logs are generated that identify authorized access, privileged operations, unauthorized access attempts, and system alerts. System default passwords are changed to unique, complex passwords with enforced expiration dates, and are encrypted during storage. User passwords are also complex with enforced expiration based on time or inactivity. Privileges are assigned to individuals and devices based on the concept of "least privile ed, ranting the minimum set of rights required by job function. Accounts are locked after a preset number of unsuccessful lo.yins. Desktops are locked and screens closed when left unattended for a set period. Page 52 Page 470 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 From an abblication bersbective. each abblication has an assigned Abblication Owner who is responsible for compliance with the Application Security Standard. Requirements for security controls are established b,, t�pplication Security team within Enterprise Security, Risk & Compliance, and published on the corporate intranet. Requirements include but are not limited to those in the Information Security Classification and Handling, Application Security, Authentication, Cryptographic, File Transmission, Logging and Monitoring, and Media Handling Standards. Applications and enhancements must be reviewed for compliance with standards before its move into production. Information Security Officers assigned to each business area, as well as the Application Securily team, are available to work with develobers to ensure new and enhanced aimlications are compliant with security requirements. Phvsical access controls are sbecified in the First Data Comorate Securitv Policv. Controls may include, but are not limited to, a combination of physical barriers, security systems, monitors, alarms, visitor logs, and badge ID's at processing facilities. Guard service is in place at all entrances. Guards undergo background checks and turnover has been less than 5%. Camerasmonitor the facility on a 7x24 -hour basis and are positioned to view activity at all entrances/exits to the facility_. Emergency exits are secured, alarmed and managed by an access control system. Intruder alarms are connected to an external security agency. Controls are regularly tested to ensure they are functioning properly. All three Data Center facilities are designed to be continuously available. Each is a hardened enclosure, envineered to withstand a local natural disaster and maintain room -to -room building inte4rity for building disasters, such as fire, flood, etc. All sites are constructed to withstand impact on all external walls. Electrical and mechanical systems are redundant end-to-end. All systems can be isolated for service and testing without compromising the abili , to support the data center during this activity. All systems are monitored for performance; and engineers are available 24 hours per day, 7 days per week, to respond to utility or system alarms or outages. Maintenance is performed to ensure all systems are operating as designed. Reporting (i) Describe the frequency and format of reports that you would provide to the City, including ability to separate by location. Type/Provide Response here:Reporting is based on payment dates. Multiple frequencies are supported for most reports. Frequencies are daily, weekly, monthly, and fiscally. (ii) Is your firm able to provide automated internet reporting services? (if yes, include attachments of screen shots showing examples of reporting) Page 53 Page 471 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Type/Provide Response here:Yes. BAMSAccess.net is a state-of-the-art, web - based reporting portal. There are more than 100 preformatted reports in varying frequencies. BAMSAccess.net provides a cost-efficient back-office solution for the City to view, search, print, and export information. The data is available for downloading in various formats (Excel, .pdf, CSV, Text, HTML, BAI), which allows the user to store and manipulate the data as desired. Transaction reports are available the following day and statements are available by the fourth business day of the following month. There are comprehensive reports for research, creating an audit trail, and reconciling accounts. Reports can be automatically emailed in text format or picked up via the Web and then converted into several other useful formats. Benefits: 24x7x365 access to critical payment and reporting information Allows for multiple users with controlled access to information State-of-the-art search engine on specific data elements, reducing research efforts Flexible and robust data allowing for data flow mana_ eg ment Reduced fraud by immediate notification of exception data Reduced internal training efforts using point -and -click Web technology Summary and detail information available for 13 months No downloads required; data is available online in real time Electronic data available for use with your accounting and reconciliation requirements Features: Full suite of report data including transaction activity, deposits, exceptions, and interchan e audit Multiple reporting roll -up levels available in an easy -to -read format Summarized reporting Data export capabilities for interfacing with spreadsheets, databases, and data analysis tools Abilitv to print or exhort entire sections of reports Advanced search feature to look for data Customer management of users, security levels, and access rights Information secured using SSL encryption technology Scheduled reports on a daily, weekly, or monthly basis Reports can be delivered by email or sent directly to a report inbox Custom reports Monthly merchant statements and exception reportinu Masked card numbers Submitted as Attachment (iii) In the case of credit card transactions, describe how your firm will address and handle chargeback's. Page 472 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Type/Provide Response here:The retrieval request is received from the issuing bank. The acquirer/merchant has to respond with a legible receipt within the required 30 day time frame because of the edits imposed. We ask the receipt be received no later than da. 25. (iv) Describe the "lag time" between the date/time you would process a transaction until the date/time the funds would be deposited into the City's designated bank account. What is the timing of receipt of payment; 24 hrs, 2 days, 3 days. Type/Provide Response here:We can deposit credit card funds into your account the next business day. This requires a Bank of America deposit account and receipt of your transactions by 2:30 a.m. Eastern. If you do not deposit your settlement funds to a Bank of America deposit account, funding will generally occur the second business day after receipt of your settlement file. This time frame may be affected by the posting procedures of your depository institution. Also, any other card brands you contract directly with will fund based on their capabilities. (v). Identify cut off time for credit card transactions All transactions should be transmitted by 2:30 a.m. Eastern to ensure timley settlement. (vi) Detail how reconciliation of merchant fees will be handled for the City. Current operations are listed below. Type/Provide Response here: Reconciliation of merchant fees will continue to be handled as they currently are. The City currently utilizes a deposit miscellaneous credit schedule for tracking the credit card charges on its Master Account in order to facilitate reconciliation of the account. This service consists of the showing of settlements activity associated with the same submitting location grouped together on the City's statement by Merchant number in ascending order. It is the City's desire to have this information available on-line. Credit card payments shall be deposited to the designated depository bank account on the next banking day after the credit card payment is settled e. Internet Gateways Confirm that each of the City's current gateway providers will work with your system(s). Sungard's Click2gov software using Vitalnet Type/Provide Response here:This gateway is not currently certified to First Data. Vermont Systems' interface using Plug `N Pay Page 55 Page 473 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 Type/Provide Response here:Thisany is certified to First Data. Golf tee time & POS using iCverify Type/Provide Response here:This gateway is certified to First Data. Alarm billing using Authorizenet Type/Provide Response here:This gateway is certified to First Data. PayPal (future addition) . Type/Provide Response here:This gateway is certified to First Data. In the future the City may add additional gateway providers based on the City software. Could there be an instance when your firm does not work with the City's gateway provider? Following is a link which provides all third -party gateways and vendors that are currently certified to First Data, our processing partner. http://www.firstdata.com/en us/first-data-partners/pos-payment-application-partners.html 5.8 ADDITIONAL DATA A. Any additional information which the proposer considers pertinent for consideration should be included in this section of the proposal. Type/Provide Response here: Please refer to the Attachment section for an overview on the bank's recognition of awards. or Submitted as Attachment® 5.9 CONFIDENTIAL DOCUMENTS In accordance with item Part I, Item 1-4, Proposer may elect to submit a redacted version of their RFP response. Redacted version constitutes exact same proposal submitted with confidential sections of proposal shaded or grayed out for public viewing as further detailed in Part 1, Item 1-4. Redacted Version Submitted? Yes❑ No Page 56 Page 474 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 PROPOSAL CHECKLIST RFP 2013-030 (to be submitted with RFP response) Proaosers Checklist All proposals should be tabbed and submitted in the format identified in the Instructions for Preparing Proposals. Failure to do so may cause the proposal to be rejected as non responsive. The checklist form is provided as a guide for the Proposer to assist in the submission of the RFP in accordance with the submittal instructions. Proposer is responsible for carefully reviewing the requirements to assure that the necessary documents are responded to and provided. TAB Header A. Proposal Response Form B. Attachments related to the Proposal Response Form (each attachment to be labeled with the corresponding question/item No.) C. Price Proposal Form A (Banking and Merchant Services — Combined) with Anticipated Future Services Price Proposal D. Price Proposal Form B (Banking Services) with Anticipated Future Services Price Proposal E. Price Proposal Form C (Merchant Services) F. Banking Agreement for review by City (including lockbox) G. Merchant Services Agreement for review by City H. Line of Credit Terms and Conditions for review by City Name of Proposer: Bank of America, N.A. / Signature: Page 57 Page 475 of 830 PART V PROPOSAL RESPONSE FORM RFP 2013-030 STATEMENT OF NO RESPONSE NO BID RESPONSE MAY ALSO BE SUBMITTED ELECTRONICALLY FOR REGISTERED BIDDERS If you are not proposing on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result in deletion of your firm's name from the vendor database for the City of Boca Raton. COMPANY NAME:Bank of America. N.A. ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a proposal on the above because of the following reasons: ❑ We do not offer this product, service or an equivalent ❑ Our schedule would not permit us to perform ❑ Unable to meet requirements of RFP ❑ Other (specify below) REMARKS: Page 476 of 830 m idiom Attachments AttaIIhi eint Mrelllated to blie Pirqposal ResIpdin se Foiiriim (eadli attadhimeint to Ilbe Illabeled with blie coirireslpoindling questloin/Iteirn No.) 3dow, we provide the necessary attachrrents to the f1roposal 119csponsc brrr, Sectloin 5,,J ... . ........... III)eclairatloin of II"'�Iirm N. We have provided in the Appendix, the 111nrrrk of America Cortificate o Ilncorprrratirrrr. Sectloin 5 2 ........... Acknowledgeirnent of Addeinduirns We have provided the signed Addendurns in the Appendix, 5 3 1 Vilinfirnuirn Quallficatloin IllRequireirneints a, We have provided a copy of the 111nrrrk of America, NA Certificate o Ilncorprrration in the Appendix, f1rovided below is a listing of banking conters located within the corporate lirrits of the City o Iltrnunr IfRaton and West Iltrnunr IfRaton, capable olI:: servldlllg the Cfty'sb,,ink, accounts Addioss -hours of: Oporation Night IDopository East PaInnetto MOIITTIIUM&9 a rin d Mn rin Yes '150 E FlaInnetto Park Road Frt� 9 a rin 6 p rin Boca Ratoin, H. 33d32 SaL� Closed 561 393 51 Tl East Boca Raton Mon 1-11hurs- 9 a inin 4 1.) inin Yes 1000 N Federall I figlhway Hill- 9 a inin 61.) inin Boca Raton, Ft 33432 Sat. 9 a I'lln 11.) I'lln 561 620 0170 Glades Road M 0 111 - T III U M 9 a rin d Mn rin Yes 2000 W Glades Road Frt: 9 a rin 6 p rin Boca Ratoin, H.,9, d3'1 SaL� Closed 561 dd7 8767 St.)anIsIlh River Mon 1-11hurs- 9 a inin 4 1.) inin Yes 4000 N Federall I figlhway Hill- 9 a inin 6 1.) inin Boca Raton, Ft 33431 Sat. 9 a I'lln 1 1.) I'lln 561.399:7.97883 St Andrews M 0 111 - T III U M 9 a rin d Mn rin Yes Blvd 21060 in(Andrews B Sa�ioin, Frrin p 6 rin t� 9 a Boca RatH. 33d33 SaL� Closed 561 dd7 d076 Boca Dell Mar Mon 1-11hurs- 9 a inin 41.) inin Yes 7024 W Flallinnetto Park FRoad Hill- 9 a inin 6 1.) inin Boca Raton, Ft 33433 Sat. 9 a I'lln 1 1.) I'lln 561._750 0430 PO 110 C11 U 113 MOIITTIIUM&9 a rin d Mn rin Yes '17960 IN MflIftaryTrafll Frt� 9 a rin 6 p rin Boca Ratoin, H. 33d96 SaL� 9 a rin 'I p pin. 56:x'1.9,99,95 0002 Bank of America, N.A. B. Attachments �� 2 Page 477 of 830 SonmrsetShot.)t.)Os 88D3Glades RomU Boca Raton, FL33434 561 4776381 Sanda|footCove 23123 State Road 7 Boca Raton.FL33428 561 482 3395 Mission Bay 20431USHighwmy441 Boca Raton, FL334S8 561 8525740 Hounaof: Opecstion NightDepository Mon�I'urs-Smm4pmYeo Fri-Smm6pm Sat- Closed MonThuns 9am4pmYes Ri9am6 m SaL� 9am1pm MonI-hunsSmm4t.)mYeo Fri-Smm6pm� Sat. Smm1 t.)m� b, We have provided a copy of our Fcdcral FRcscrvc cortification in the Appendix, c, We have provided a copy of our FIorida Dublic Deposits cortifIcatc, in the Appendix, Mendhamt Cand SeiMces RequUmmmmeints a, We have provided a copy ofour merohantservioe compliance oertifioationswith VSA, Master Card and American Expressinthe Appendix, Bank of America, N.A. ELAttachments �� 3 Page 478 of 830 3 3 2 QuallI ffnlee coeur s ain eneince ef te II"'�Iirm aind Staff 11Refeureurmeee 3clow, we provide an additional reforunce that uses the Ilyill'ayll"may lamrmkbamv services. I[Ly e Ta im pe Add ress y"ity, State, Zip Project rrma nggamr� of entity and tits, Phone no. and e ma ii D Quallli iicaflemme emmd IIExpeideurmee ef Staff 306 II:.. Jackson Street arrmgma, III 33602 y",onniam II ho mast'yccountirq�g Il er,hnir;ian 8'U2'74B656 f1rmrvided below marc, the qualifications and experience, Of Lhe DVy"u uur:rmu, umraLed clhenL Vreanin Stephen I eor eheor kllIeua�kUtJlle Vice IPresident, y",[ient Manager fmceUouai ... 625 N...11[agfl rr�lDrive, 101 II loor, r'es IF�aim IF:�r;��ch, II::].34 301 F'e lll e llp llmmaume 561 .8;y8225 'n El mu aPiilll stepi,rerl.b ieriei,, ari(rPbarrm[.d;darrm Pirmm essPiimmun 111 em', peideunmm'e Stephen rYmaar laaggawam a Puym[rd;, ;,wmwd;;tor Badnkir igg chent portfolio in Southeast Ior'rdgaa. He serves as the primary mar`lag.�ement contact for d;,hawrlts that rr"ciud e pubflc„ichfl ois, coiieges & universities, focai and reg;IoP"ai rYmurirm'rpa iryraes, Qagra;miai districts, acts, community redev'efogrYi11en ag.?ePlr.ies and other goverPlri11eP"tai entities. He has yea'"en in banking for I I years with experience in credit, treasury management and r.frent ma: Waage'"YY11ent. He received his IBatlm;heior of gam,ra"rice in Business AdgrY1lr"Iistra'tl%'.Ion with a concentration in accounting from Catawba y"roiiegge in Sadiisbury, North Carohna. Ilio m there, he joined "mgf'add,;hovrad Mortggaggaw in their secondary rrmarketirlg6 group, and then moved to Bank of America. His community invo[ve mme nt inciudes IHabitat forHumanity. maurlkIli fiim toir,y Surm�u urm�u ur,° yu urm Wachovia Corp., ama+f'add,;hoviad Mortggag;aw Bank of America moLarge Corp. Syndications HeadEg.h afire and ristitutiarrls Credit Ana cyst Pukmhc Sector Sr. y",E ent C'' a naggOr Ana cyst Pukmhc Sector y",[ ent Marladg;er 2002 '200 2004 present 2004 2006 2006 200 2008 2010 2010 present Bank of America, N.A. B. Attachments I `g Page 479 of 830 Semn SKIverbush,Cl0o l3aink Uft��e Vice President, Treasury So|ohonsOff icer umcaUoini 625 N. F|a6�er Drive, '101", F|oo� VVestRs|m Beach, FL33401 TeUe ��p ��h o in e 954722�6542 ElmmaUU sean� si|aarbush(rPbamLoom PmmfessUoin4Uezpeideince: Seanhasbeeninoashmanagementformonathan17yeans.PreviousiAhewmrkedfora|argc,, South::Iohda sohoo|board and supported their treasury meneo�mentfor 1Oyears Asememberofthe banh'ePub|io BeotorBankingDivision,SeansupportsavastarnsyofgovemmententNesandmunioipa|Nesino|uding.� cities, counties, tax coiiectors, universities and schooi boards. As the City's' desiginated treasury sohiUoins officer, Scan wiii be the primary contact for treasury mana�cmcnt services and assist with aii your treasury manag�ementneeds. Scan isamember ofthe F|oridaGovernment Finanoc,OffioensAssooiation(FGFOA)and Associate ofFinanoia| Professiona|s (AFP). Hea|soisaCertified Treasury Professiona| (CTP)� Schom|�BoardofBrowardCounty 11111 Senior �� reasury Anaiyst 11997 2007 Bank of America Vice President, �� reasury Soiuflons Off icer 2007 present l3aink Uft��e Assistant Vice President, Senior Treasury So|utionsAnaWst umcaUoini 625 N. F|a6�er Drive, '101", F|oo� VVestRs|m Beach, FL33401 TeUe ��p ��h o in e 561�8382243 ElmmaUU me|inda nea|(rPbamLoom PmmfessUoin4Uezpeideince: Mciinda supports pubhc sector chents in South �orica. Her primary responsibihty istoidentify potenfla| so|obons, stnaam|ine processes using the bank's products and services, support the imp|ementation process and provide information toyou onservices and enhancements. Me|indahas worked for Bank ofAmerica in South F|oridasince 1gg3. She started in the Consumer Bankirqg Division, and has experience in banking oentermanag�ement, Me|indahas a|soworked inthe banh'eCorporeteK8idd|eK8erhetDivieioneinoe2OOO with experience in both oommenoia| credit and treasury management K8e|inde'eoommunity invo|mament inciudes the Paim Beach County Schoois District and &HN::flE (Shepard Heip and :Rescue, Effort). Woirk MstoirySuirviirviairy: � Officer, Sr. Sa|esSupport Associate 2000-2004 - Qummenoia|Bankin� � Officer, SrCredit Support Associate 2004-2007 - Commerioa|Bankin� � AVP, SrTreasury So|utionsAna|yst 2007 present - Pub|ioSectorBankin� Bank of America, N.A. �B. Attachments �� 5 Page 480 of 830 l3aink Ufle Assistant Vice President, Sa|es Support Associate ��i mcaUoini g000Southside BhdBui|ding�100,JaoksonviUe,FL3225G 76Uqphoine 904�9872720 PimfessUoin4Uezpeideince: Sunniesupports the o|ientteem'eef�rtsto sustain and deepen na|ationships. She acts asapoint ofcontact for escaiated or sensitive issues and as the back up contact for the chent mainao�r in support of the c|heint's re|ationship,products, and services. She spent seven years inthe Commenoia|Service Center workin�in varyin�ro|essuppo�in��servioin�,�ndtr�inin�othensonb�nkin�and treasury services for oommenoia|and Bank ofAmerica 2001 present � Commeroia|Treasury Services Advisor 2002 2007sor - � Officer - Commenoia| Treasury Services 2007 - 2009 Sr Advisor � AVP, pub|ioSector Banking Sa|es 2009 present Support Associate Univensityof North F|orida � Baohe|orofArts inintemationa|studies 2007 l3aink Ufle Officer, Dedicated Service Director umcaUoini gN00Southside Bhd,B|dg200,JaoksonviUe,FL3225G TeUe ��p ��h o in e 888715A 000ext 21G27 ElmmaUU dedioatedservioe101(rPbankofamerioa .00m PimfessUoin4Uezpeideince: Sarah isournantWaDedicated Service Director inthe 8overnmentofBanhofAnehoe'e G|oba|Commeroia|0ientFu|fiUment&Service Center. Sarah is responsib|efor hand|inqgday 'to-dayservima na|ated requests, such as inquires, service or research on treasury products, bank statements, checks, transactions, returned items, wires, ADI, vauit questions, anaiysis statements and any other service issues. Sarah understands the servicing requirements of government entities and wiii provide prompt, superior service. Her roic, requires the successfui orchestration of internai and externai partners to ensure positive de|iveryofproducts and services. Bank ofAmerica 1gg8-present � TeUerCash Exceptions 2007 � Officer - Dedicated Service Director 2007 - present Bank of America, N.A. �B. Attachments �� 6 Page 481 of 830 Joyce I-lenderson l3aink Ut��e Vice President, Product Mana�er umcaUoini 201VVashingtonStnaet Phoenix, AZ85004 TeUe ��p ��h o in e 602�464A883 ElmmaUU joyoe. a .hendenson(rPbamLoom Pmm'fessUoin4Uezpeideince: Joyce joined the Bank in '1985 and has 28 years of treasury management experience with 22years inprogram mana�ementand administns�onofday �o�ayopens�onsand associated customer service aot�i�es. She attended Lorain Community Co||egeand Mesa CommunityCo||eo� ]oyoejoinedBanhofAnerioe'e8overnment Group in2008and her extensive know|ed��ofOperations and G|oba|Customer Service inprevious Bank ro|es enab|esher touti|i7ethis know|ed�einherournantProduot�N�n��mentposNon. As the key Haison between the bank, vendor and customer, Joyce is responsibie for ensuring that the processing vendor isaohieving aii contractuai obhgations for each government program. As part of the Vendor Management Program, Joyce aiso works with the vendor to ensure aii quartedy and annuai dchverabies are submitted in a time|ymanner (such asSSAE1GAudit, |nformationSecurity Assessment, Contin�OnoyPians, etoJ. Joyce works hand in hand with the Bank of America Chent eam Sean SHverbush to ensure that our iockbox partner ismeetin��||prooessin�program requirements and that day today processes are pe�brmedina satisfactory manner. Woirk MstoirySuirniirniairy: Bank ofAmerica present � Program Manag�ementand 1g85-2007 Administration � produotManag�ement- 2008 present Government Group Shmmmn I aflkhri l3aink UtUe Merchant Services Re|ationshipMana�er ��i mcaUoini Decatur, GA El mi aUU sharonJark in(r§b ankof amer i c amer chanLoom Sharon Larkin is ana|abonshipmanagerwith our HeaNhoana,|nstitutionsand Pub|ioSector group. Shejoined the Bank of America Merchant Services team from First Data where she spent '14 years in various roies that ino|uded outside sa|es,tnsininqg,sa|es |eadenshipand re|ationship manag�ement, She isvery weU versed in industry knowiedgcll, products and services and wiii provide personah7ed attention whiie managing the overaii re|ationshipand promoting� a strategic partnership with the City. This inciudes providing the City with government specific best practices, processes, and procedures aiong with advising you on how you can extend or suppiement your payment acceptance strategy to best serve your customers. She wiUa|soact as your advocate to the card brands by h0ipir`l� to Mir'liMi70 your cost and iabor invoived in managing your payment program. Woirk MstoirySuirniirniairy: Bank ofAmerica Merchant Services 2012 present Bank of America, N.A. �B. Attachments 7 Page 482 of 830 l3aink bt�le Merchant Services Strategic Account Exeoutive ��i ocaboin PonteVedns,FL TeUe ��p ��h o in e 56132R8291 E,mmaUU Petecorourke(rPbankofamerioamenohanLoom Pmm,fessUoin4Uezpeideince: PeterJRoudkeheeemaryin-depthknow|edgeoftheoreditusrdindustrywWhsapehenoeasboththe merchant and the acquirer. Heisanexpert atestab|ishinqgrelationships, servioinqgclients, and deve|opinqg multifaceted solutions in complex situations. As a member of the Healthcare, ristitutions, and Public Sector team, Peter brings a unique, experience and knowledgcll base to his clients in those, industries. Prior tojoining the Healthcare, |nstitutions,and Public Sector team atBank ofAmerica Merchant Services, Peter supported the large corporate retail, media, telecom, and technologies sales teams. Before, joining Bank ofAmerica Merchant Services, Peter was incharge, ofall payments atRaoe,TnsoPetroleum, where hemanaged credit acceptance atmore than G00natai|stores. Bank of America Merchant Services 20,11 present �llliro�l3oseirs ll"llinaill6|6l St6UU[ty Our 2012 audited annual report has not been ne|eased as of this date, Be|ow\ we have provided a web ink to our 2011 audited annual report, net H.Uinsunairice Below is our response to the insurance requirements of the Qty, Sample insurance certificates have been provided in the Appendix, BankofAmerica n�ervesthe right to obtain all insurance required under this contract through a program ofself- insurance Form Page, 8" |tern H - |nsurance, Commercial General Uabi|ity, BankofAmehoamaintainsCommencia|Genena|Liabi|hyoovenage(ino|udingBodi|y|njury &PropedyDamage'Pensona||njurKProducts@Completed Operations, and Contractual Liabi|ity)with |imitsof $2'OOO'OOOper 000urnenoe/$2'OOO'OOOaggregate. VVod+ers' Connpenaaton" Bank ofAn ehna nnaintaina VVod+ena' Connipensabon coverage in nonnp|annewfth aU sLatutory requirements. Automobile l iability, l3ank of America maintains Automobile l iability insurance with a irnit of $2,000,000 per accident, BankofAmehoaoannotguananteethensluestedinsunanoeismaintainedthroughoutthe|ifeoftheoontraotbut intends to continue to purchase as long as it is corn morcial ly available and economically attractive. P|easenote, that Bank of America, N.A. �B. Attachments �� 8 Page 483 of 830 VVod+eirs'Connpenaaton� BankofAnehnannaintainaVVod+eirs'Compensatonoovenageinoomp|ianoewNhaUstatutory requirements. Bmp|oyeir'aUabi|hy�� BankofAnehnannaintainaBmpbyeir'aUaLd|hyCovenagowfth|imitsof$1,OOOOOOper occurrence/$1.,000,000 each accident or discase/$1.,000,000 aggregate, Due tothewo|uinneofBankofAnehma'sbusiness and the structure ofits corporate policies, BankofAmehoacannot commit to providing five (5) (lays written notice upon termination or modification of coverage, Fai|unetoprovide notice of cancellation ofcoverage shall impose no obligation or liability ofany kind upon BankofAmerica, its agents or representatives Subcontractors" Any l3ank of America line, of business requiring subcontractors is responsible for onsuring all su bcon tractors carry coverage which is compliant with the requirements of this contract Commercial General Uabi|ity, BankofAmehoamaintainsCommencia|Genena|Liabi|hyoovenage(ino|udingBodi|y|njury &PropedyDamage'Pensona||njurKProducts@Completed Operations, and Contractual Liabi|ity)with |imitsof $2'OOO'OOOper 000urnenoe/$2'OOO'OOOaggregate. Bank, d: AnneirIca's Geneira| l ability and Auto l iability include a blanket additional insured provision for any entity required bycontract oragneamenttobe, anadditional insured. DUO tothesimeofBankofAmerica, wecannot provide individual additional insured endonsementsorriders. TheCertificate of|nsunanoewill evidence the City ofBoca Raton, ll] L�asadditional insured asrequired bywritten contract, Automobile l iability, l3ank of America maintains Automobile l iability insurance with a irnit of $2,000,000 per accident, Due, to the volume of l3ank of AnneirIca's business and Lhe structure of its corporate policies, l3ank of America cannot commit to providing five (5) (lays written notice upon termination or modification of coverage, Fai|unetoprovide notice of cancellation ofcoverage shall impose no obligation or liability ofany kind upon BankofAmerica, its agents or representatives. Professional Liabi|ity, Bank of America maintains Professional Uabi|ity(Errons @ Omissions) insurance on a o|aims madebasisprovdingoovenagefor|ossordamageduetoanaot,error,omission,orneg|igenoeofBankofAmehoa employees. BankofAmerica agrees to$3'OOOOOOcoverage, P|easenote BankofAmerica maintains adeductible, inanamount higher than $25'OQO, Duetothewo|unneofBankofAnehna'abmsinessandthestructuneofitsooqzonatepo|ioies,BankofAmehoaoannot commit to providing five (5) (lays written notice upon termination or modification of coverage, Fai|unetoprovide notice of cancellation ofcoverage shall impose no obligation or liability ofany kind upon BankofAmerica, its agents or representative BankofAmehoaoannotguananteethensluestedinsunanoeismaintainedthroughoutthe|ifeoftheoontraotbut intends to continue to purchase as long as it is corn morcia I ly available and economically attractive, Subcontractors" Any l3ank of America line, of business requiring subcontractors is responsible for onsuring all Bank of America, N.A. �B. Attachments �� 9 Page 484 of 830 Wendhamt seiMcesnespoinse toUinsunaince Morcharit Services clarifications to section d. risurance. |risurance, Article 8, page 7G(page 7Gof the file) - flaraEraph1 Wedonot release copies of policies, only cortificates. VVod+er'a Connpenaaton - We can comply, Commercial General l iability We do not or share, our deductibles. VVedonot allow our o|ients/merohantsto setordeterminesaid deductible, Our deductibles arc, secured by |(Ater ofcredit, Automobile Liabi|ity- VVecan comply, Professional Liabi|ity/Errons and Omissions - We do not re|ease or share, our deductibles. We do not allow o|ients/merohantstosetordeterminesaid deductible. Our oertifioateevidenoes$1O'OOO'OOOincoverage. VVehave provided sample |nsunanoeCertifioatesinthe Appendix, U.Conponmte Status VVehave provided acopy ofour corporate status inthe Appendix, �.BusUness Tax Recdpt VVehave, provided acopy ofour business tax reoeiptinthe Appendix, M. Dnug ��F'nee WonkpUace Fonmm VVehave, provided acopy ofour Dzig, /9uo Wlotknk-,ico Pollcy in the Appendix, Sectloin 5.4 _ Scope of Services CommpUUaince ChedWUUwt,Reim C.4-ACH As the City is aware, CashfIro"'Oriline ACH provides the City with the ability to defliver ACH payments to the bank using the oonvenienoe of web -based tool. You can originate direct deposit of payroll, pre-authorimed debits, corporate payments, federal and statc, tax payments, internal transfers and other payments. Obtaining authori7ation BefoneinitiatingACHtransaotionsagainstabanka000unt,youmustobtainauthoh7atonfromtheownerofthe account, The authori78ton is typically in paperform' or in certain oases, may also be obtained via the internetor by te|ephone Once you have dbLained Lhe accouilL owner's authori78tbrl 8rld bank routing and account riumber information, you arc, ready tooreateACHpayments. Tocollect apayment, you initiateanAC'Hdebit, Tomake a payment, you initiateanACH credit, riitiatirigAC[d transactions BankofAmehoasuppodsanumberofMeinputoptionssuitedtoyourneedsandpn#onenoes The, City can initiateAC'H transactions from CashPro Online or via direct file, transmission. Business requirements, system capabilities and Bank of America, N.A. Page 485 of 830 Acknowledging file roccipt After file transmission iscomplete, theQtymayaooessafi|eaoknow|edgementneporttononfnmthebanKananeiptof your ACA -1 fllc,l his report is available oriline, and in a data Me. You may also access our voice, response system to hear details about files received within the past No business days llxpediting funds availability BeoauseACHispredictable, you always n�eiveordisburse funds onthe set ementdateyoudetemnine,VVNhour significant banking conter and oriline, banking prescrice, many consumers maintain bank accounts with l3ank of America, On average, more than 1.0 percent of the transactions and more than 30 percent of the dollars initiated by our clients arc, drawn On -Us and arc, cligible, for same-busiriess-day processing and funds availability, l��Icxiblc, input deadlines Our ACH origination Me input deadlines arc, designed to allow maximurn deflivery time, to rnect the ricle'dS of Lhe Cfty's busiricss� We even provide weekend and holiday processing, so you can r(,,c(,,iv(,, setilernerit forACH activity in your account onthe following business day, lRecoriciling activity VVhetheryou initiateACH transactions, n�evethem from others or both, we offer services to help you simplify account reconcilement, Priortooriginating transactions, you designatc, your setilernerit preforences frorn the options wc, offer, After originating transactions, you can view a report designed to focus on settlernerit recoricilement, Other reports, available online and via fax' provide supporting detail for originated, received and returned transactions. 5 4 3 SaimpUe Agireeirnein't VVehavepnmidedn|ahil�mationatotheChy'anonma|tenmaandnonditionavvUhintheTabF'BankingAgreementseotion and copies of our Deposit Account Agreernerit and l reasury l orms and Conditoris Agreement in the Appendix, 5.5 Orgainiza'doinal Structuire foir l3rovidlingthe Services A.OngainUmaboindU dhairt BankofAmehoa'NAispart ofa|argeanddivensifledinstitution, BankofAmehoaCorporation. BankofAmehoa Corponationwasinoorponatedin1QQGintheStateofDe|awane.VVeaneapub|i000mpanyandourstookis|istedonthe New York, flacific, and l ondon stock exchariges, and cortain shares arc, listed on the l okyo Stock Excharigc,, BankofAmerica Corporation has over 1,OOOdirect and indirect subsidiaries, both foreign and domestic, Thefollowing Bank of America, N.A. ELAttachments �11 Page 486 of 830 l I-Th|sChart |nu|udsaSelect ma�oropsradngsuba|d|adsacfBankcfAmsdusCorporat|onNotaUsuba|d|adsacfBankcfAmsdus arc, regktored Subcointiracted SeMces �de|ity National nformation Services (ll�]S) is used for all inoomingand outgoing data exohangesemioes including outbound SWIll l M l 940/950 reporting for accounts on the NA[IACS system, ::IS is also used to help provide reporting of accounts housed at other firiancial irlsfltuflorls� ::IS is a nationally recogni70d third party vendor providing treasury managementservices tofinanoia|institutions. Bank of America, N.A. Page 487 of 830 BanoBhdgesupports the CashProSohedu|e,mapplication that enab|esCashPro|nformatonRepodjngo|ieritstoinitiate ondemandand sohedu|edrequests ofreports and data files without having direct access tothe, CashProOnline website, Clients must register, then download and install Cashflro Schoduler to corn m u nication between their desktopand CashProOnline, RDA Corp, supports the, Cashflro Accederatc0" product, which provides Cashflro riformation Rcportirigclicrits with cash positioningand analysis capabilities within the K3iorosofi�» framework. Clients must download and install CashProAooe|enatetoenab|ecorn munioation between their application and CashProUn|ine� 5,7 Questloininafire 3dow, we provide a listing of our banking conters and map within the, city lirrits of 3oca �Ratori and West 3oca �Ratori, Addnoss Hounaof: Opecstion NightDepository EastPa|metto MonTIIu&�9am 4pm Yes l50EPa|mettoPark Road Fri9am6 m Boca Raton, H. 33d32 Sat� Closed 561 393 5171 East Boca Raton Monl[hurs-Smm 4pm Yeo 1000 Fedenm|Higlhwmy Fri-Smm6pm Boca Raton, FL33432 Sat. Smm11.) m 561 620 0170 Glades Road Mon- TIII uM �� 9am 4pm Yes 2000 Glades Road Fri 9am6 m Boca Raton, FL33431 Sat� Closed 561 447 8767 SpmniohRivmr Monl[hurs-Smm 4pm Yeo 4000 Fedenm|Higlhwmy Fri-Smm6pm Boca Raton, FL33431 Sat. Smm1pm 561 393 5883 StAndrews Mon- TIII uM �� 9am 4pm Yes 21OGOSa|ntAndrews Blvd Fri9am6 m Boca Raton, H. 33d33 Sat� Closed 561 447 4076 Boca Dell Mar Monl[hurs-Smm 4pm Yeo 7024 Pm|mettoPark RomU Fri-Smm6pm Boca Raton, FL33433 Sat. Smm1pm 56175D0430 Po|oC|u113 Mon- TIII uM �� 9am 4pm Yes 179GONM|||taryTra|| Fri9am6 m Boca Raton.FL3349G Sat�9am1pm 5619950002 SomersetShoppOo Mon�I'urs-Smm 4pm Yeo 88D3Glades RomU Fri-Smm6pm Boca Raton, H3343 Sat- Closed 561 4776381 SandalfootCove MonTIIu&� 9am 4 pm Yes 23123State Road 7 Fri 9 amG pm Boca Raton, H. 33d28 Sat� 9am1 pm 5614823395 Bank ofAmerica, N.A. IAH aohments13 Page 488 of 830 Mission Bay 20431USH911hwmy441 Boca Raton, FL334S8 561 8525740 MonI-hunsSmm4t.)m� Hh-Sam6 t.)m� Sat. Smm1 t.)m� Map of barikirig� center iocations within the City of �Boca :Ratori and West �Boca :Ratori. 12.AvaUUWKbUtym'Huinds We have provided the appropriate availability offunds sohedu|es in the Appendix, J.3.Treasury mmainagemmemt saftwammsdWfloiil CashPro Online is our premier information reporting and transaction initiation system, |t is an internet-based system that provides the City with online access to a corn pnehensivesetoftreasury and trade services. With CashPro Online, the City can access avariety ofservio(,,sasoutlined below, Bank of America, N.A. Page 489 of 830 CashlPro OnUKne services Slql,i� Papmmmird's - P|ace, cance| and seardkfor stop paymeintson accounns Castflllircp Notliflcadoins-Recdve notfcat|onofw|neandposffivepay deds|ons, as*eU as |informat|on nepor|ng ba|ancesand transact|ons.thmug1hema||. Addand cance|check �SsuesandsuILmt check|ssue|nformat|onfor |tems l"o4ldve Pay -V�ew|mageof posffivepay except|on|temsand notrfythebanlkofdeds|ontopay or nAum|tem NrnV^Acc*A,a-Vewand retdeve|magesofpa|d |tems.cned|ts.depos|ts Mthassoc|ated|tems and netumed |tems llmc6lwdUles lielpoimllimg - AccesschecKpaymentand |oclklbox rem|ttance |rifonnadon.|nCIud|ng |magesofcheclk,|nvo|ce. cornespondenceand envelopes Asset l3ased ��l sindling and (�GlmlftleirdldUOredlt- Access, |nqu|reand |n|t|ate transact|onsaga|nst commerc|a||oans ACl ��l llma�lft,�l),qy- Automat|caUyblock aU |ncom|ngACI dell|tsand cred|tstoaccouII'ItS.CA' nm|e*aUtransact|onsand etheraccept CA' RAumeach ll�fl ltern lintlimllry-Seardh andv|e*|magesofpa|d |temsbyamount,checlk numberorpa|ddate Oim�lime Stataimemts and llegDoiris -Ga|nfasteraccess tovar|ousstatementsand nepoAS.|nc|ud|ngdemand depos|taccountStatements. accountneconc|||at|on nepoAs.accountana|ys|s statements.S*eep statements. ED statements. |oannepoAsandothens ii-iradelPmm-Accessdomest|c andcross-lbordertrade act|vity.repor|ngand process|ng llmmilirse llosluvil*l"my -Vew |magemcfthepem|oumday's pa|d|temsfor poss|b|e suspect|temsandsuILm|t C adh�lliro Paymemits-|nffiate domesdcand|ritemadona| w|netransfersandF%w|,es anddrafts |nmu|�p|e cunendesTransferfunds bet*eenBark ofAmer|ca Merr|U Lynchaccounts ACl Uii-irainmacdoinUirflldadoini - |n|t|ateafuUarray ofACH transact|ons.|nc|ud|ngd|nect depos|tofpayroll, pneauthodzeddebKS. corporate payments.|ntema| transfersandfedera|.state SaIlve 11equwts-Perfbnn standapUseMcerequestS andresolve |nqu|r|eson||ne ratherthanhav|ngtocall a banlknepresentat|ve ll�,snrow OinUUne -Ma|nta|nand trackmu|t|p|eescM accountson||ne.conven|ent|y andne||alb|yOnemaster account|sestalb||shedMth anun||m|tednumIRrof suIIl)accountstoavo|dco. m|ng||ngoffunds With Cashllro Online, the City can access information across all of its accounts,including those, atother banks. Current - (Jay information on r(,,oeivab|es and payables is updated throughout the (Jay and access tothis information is available 24/7, Cashflro Online consolidated multi bank reporting provides a corivenient summary balance staterylent, helping to stream|inereoondkeeping, VVithCashProUn|ine'theQtywjUoontinuetoeas|ymanageitsoashpostionthroughournentdayandpneviousday oriline, reporting capabilities regardless of the various locations. Curnentdaydomestoinformationisupdatedoontinuous|ythroughoutthedayasit is received liroinin thebanKavahoma transaction processingsysterns and reported to Cashflro Online every 10 minutes, normally from 7,30 a,m, until 8,30 p,m, Eastern'K3ondaythrough Fhday, l he City will have the option to receive reporting on the following current -day transaction types. mirein't-day Transaction Types Cash|etiers Deposits AC�d transactions p/investnenttramsaotions Bank of America, N.A. CertainCortain other chocks and commercial deposits Wire transfers Returneddeposited ite Page 490 of 830 Reportsaneavai|ab|etoino|udeba|anoeandsummaheson|8transaotionson|yoraoombinationofba|anoe'summary and detail transaction information, l hey may be, custorriAXI to report only cortain accounts, cortain transaction types or a datc, or particular range, of dates. lReports can be, viewed or printed or downloaded in d l Wl , CSV or [3AI.2, l hey can also be, downloaded inQuicken, ||Fand fixed -|en6thformats. TheCity Carl access account balances, transaction summaries and transaction detail infomnation,Prevousday information is normally available by 7 a,m, Eastern, K3ondaythrough Friday, You can also have, your pnoviousday reportssohedu|ed sothey will automatically be generated each (Jay and made available within CashPro nformation Reporting, Forba|anoeandsummaryneporUng,theQtyoanviewmoststatus(ba|anoe)andsummary[Mloodeitems,ino|uding" closing ledger balance, opening ledger balance, oo||ected/o|osingavai|ab|e balance' openingavai|ab|e balance' as we'll astransaction summary and float totals, ifapplicable, Reportsaneavai|ab|etoino|udeba|anoeandsummaheson|8transaotionson|yoraoombinationofba|anoe'summary and detail transaction information. l hey may be, custorniAXI to report only cortain accounts, cortain transaction types or a date or particular range of dates. Reportsoan be, viewed or printed or downloaded in HTK3L, PDF' CSV or [3Al2, They can also be, downloaded inQuicken, ||Fand fixed -|en6thformats. Cumtommzednepoirfling oinUUine l he City can create custorni7ed report ternplates to show specific account information, ll1edb|edistribution options arc, designed to accommodate and enhance, work flow choose to print, download, and fax or orrail data and images one transaction atatime, orasagroup, Foreven greater ef oieno8theQtyoansohedu|eautomatiodown|oadsofphorand same-day reports through CashProOnline, Simply indicate the appropriate format, time, and place, that the fi|eshould be, automatically downloaded, and wc, will take, care, of the rest, OinUUinemtop paymmeints l he, City may authoriA,' users to initiatc, stop payments. Once, authoriAXI for initiation, a user can simply access Cashllro Online flayments services, select Stop flayments, choose the bank account, and enter both the chock arrount and chock riumber, Optional fiedds include entering the payee, riame, or reforence, notes. Cashflro Online Stop flayments is an officient system, that allows you to search paid chock history, access images of paid chocks and initiatestop payments where, appropriate. TheChy'aauthorimed users arc, able to", III Search for paid items III nitiate stop payments III lReceive, oriline, confirmations III l rack the status of stop payments III Cancel stop payments III View paid itemimages on|ine Bank of America, N.A. Page 491 of 830 Phortoinitiatingastoppaymentmanyusenswanttooheokreoentbankhistorytoensunethatanitemhasnota|nsady paid� By entering an account riumber, chock riumber, and dollar arrount, users can acc(,,ss 1.2 moriths of account history, |mages for chocks paid within the previous six months may be, accessed on|inefrom this application, fauser isauthohAedtoapprove astop paymentrequest, thebranaantonnnoveatoa"pending na|eaae^ataUaIllan independentapprova|isnequinedbytheQt8aaenonduaeranneaaea7nanaantionaPendingAppnova|^andappnoveaor deletes oneormore stops from the list, Once approved, the stop payment request can be, re|easedifthe user is authorimed,oranother authorimeduser can access the ^Re|eaaePendingStopPaynnentTnanaantion^screen Stop payment requests can be placed for six, 12' 18' 24L or 36 moriths. The City may also choose tose|eota reason for Placing the stop� � Destroyed NotReoeived � Disputed Stolen � Error Unsigned We can retain 90 (lays of history oriline, which is reviewed in the stop payment verification process.Astop payment request can be de|eted up until itis ne|eased. After that, a cancellation is required, Tnansaotions received from G a,m, to B p,m, Easternare processed in real timeenvironment, Coinflirimaboins Online confirmations arc, typically available within seconds afLeran ^appnoved^Mop payinnenthas been na|eaaedtothe barik� l he, status of stop payments can be, reviewed by accessing "Mew l ransacbons ll'ending Con�innnabon " Once received, the confirmation provides dther an accepted or rejected (chock previously paid) action as a result of chocking 12 monthsofpaid chock history, We recommend the City continue to use CashPro Online to initiate wire transfers. Our service allows you to make high+ value, time-scrisitive payments in a secure criviroriment, Unlike other payment vehicles, this service offers same-day transfor of funds with immediate payment firiality, which is an attractive feature to many clients. OinUUine Wire UMfflmboin,font�he Qty You can log into CashProOnline Paymentsto initiate domestic U3, dollar wire transfers. Featuresofthis service ino|ude", � Online notifications provides immediate notification of completed payments. l hose notifications include reforence, numbers to provide peace, of mind that transactions have, successfully been dedivered to the Fedcral Reserve, Online notifications are also provided for transactions rejected, pendingapprova| and pending � Save as tomplate feature once, a rion-ropetitive transaction is initiated", this feature provides the ability to save the transaction as a tomplatc, to be, used for initiation in the future, l his will save time, on future, transactions. Bank of America, N.A. �B. Attachments �� 17 Page 492 of 830 � Online bank directory by havirigaccess to the oriline, bank directory, F(,,dcral lReserve, funds efligible, banks arc, casily idcritfficd� l he, bank directory provides added corifiderice, that wirc, transactions arc, fully qualified and headed for straight -through processing without any modifications. Futunc-dated transactions - a transaction can be future -dated up to 30 calendar days. This allows the ability to schodule, and pre -approve, payments. � |nquiry - make a payment history inquiry for a transaction orgroup oftransactions up to 35 oa|endardays and, at the sarne tirne, reject or cancel a future -dated transaction as long as the transaction has not been redeased to the wirc, systern for processing, E|eotronio payments provide the following features" � Performwire transfers and manageapprovals through CashProUn|ine � |nitiate internal' domestic or international winetnansfensfrom one screen � |nitiatednawdown wire transfers 11111 lReceive reports and notifications of wire trarisfor activity Cashflro rivest is an oriline liquidity rnariagernerit and investment order entry tool with exlerisive research and reporting oapabi|ifles� The City Carl oontinueto US(,' this web -based tool to Place mutual fund investment orders and bank liability products including l3ank of America, NA cortificates of deposit, repurchase agreernerits, federal funds and commercial paper, The City can view investmenta000unt balances, research mutual funds and download statements and transaction history, CashPro |nvestisfully integrated with CashPro Online, Cashflro rivest provides the following features., � Enter mutual fund and bank liability investment orders online quickly and easily within the Cftya deil�ned po|iny 11111 View investment, )DA and autornated sw(,,(,,p account balances in oric, location Bank of America, N.A. Page 493 of 830 � View investment account details including individual positions and their corresponding yie|ds, rates NAT[ accruals as well as the investment type, composition within each investment account and across your portfolio IIII View and export details for current and future -dated orders and historical transactions l he City will continue to have, the capability to view and export information for same-day orders, future -dated orders, historical transactions, projected payments and portfolio holdings. |nvestmentbalances and transactions can be downloaded or automatically trarismitied for integration with your treasury workstation or other systern, l he, City can also retrieve, odf-formatted account staternerits filtered by datc, or datc, range, going back as far as seven years. Additionally, the City can neoeive email notifications for orders entered (ino|udinguser-defined dollar limits)' when an onderrequiresapprova|andwheninvestment(s)arematuringontheourrentbusinessday,TheQtywi||oontinueto receive reporting on current account activity, future -dated orders (mutual funds)' historical holding and historical transactions (1GOcalendar (lays)' projected payments (21 oa|endar(lays into the future), For more information regarding capabilities and produotoffehngQ, available through CashPro nvest please, n#ortothe CashPro|nvestFaotSheetintheAppendixoroontaotyourG|oba|Liquidity|nvestmentSo|utions(GL|S)sa|es representative, lRobert Wyatt, BankofAmehoa'NASafekeepinghastheabi|hytode|iverortransferseouhtiestransaotionsasinstuotedbytheCity whetherfneede|iveryorde|iveryversus payment, VVeoffer the City oonvenienton|ineinput ofyour directed trade, payment and setilernerit instructions through Cashllro rivest, our oriline, investryient account mariagerylent tool, There isnocharge, for this oonvenienoe. 8irnage retiUevdU We will continue to offer the City coriverlient oriline, access to irrages through Cashllro Online, You can retrieve, irrages of paid' deposited, returned items and credits on a nexiday basis. For positive pay exception items, you can view the item image online before, you instruct us to payor return it, Through mage, Access, you can retrieve, images of paid Deposited iterns and returned iterns have, reterition options of up to seven years. l he City will continue to have, the following capabilitie's and beriefits', Bank of America, N.A. Page 494 of 830 Image capabilities include: Image benefits include: Verifying posted transactions -Viewing and archiving images of transactions on Performing research toresolve disputed your desktop Eliminating the hassle and expense transactions - Improving customorservicoto vendors and customers storage - Reducing risks associated with using paper checks Our services provide images of: Paid items Positive Pay exception items ---~'~~'-- Image capabilities include: Next business day visibility for online images �he Cl,ty's pdld dhedlis oin Qll)�WlW/0WI) The City currently receives a C[dllUK3 mon�th|yforyour paid oheo�Une C[}FK3K3 holds up to 30'000frontand back imageswhioh allows you t000mbine imaged itemsfrom multiple, accounts onto asingle, CD-RUK3, The DVD mediatype can be, used if you have, a large volume of irrages (ov(,,r 45,000 iterns), Additionally, the City can e|eo toreceive Account F�coonoi|iaflon�Dm�� nepo�and��statee�onaoomnedC[- RO\A/DVD if they have, the same cycle date� |fyou ournent|yr(,,oeive paper versions of these, reports and statements, the |mage, CD-RUK3 services are an exoe||enta|ternative' making iteasiertostone items, resolve research inquiries and oopyinformation into internal databases� GI11WlA capabUUities 11111 Ability to combiric, multiple, )DA accounts on a C'Ddl0\A/DVD, � Viewer upgrades automatically provided on productionCD-RU\As/DVDs so you always have the most up to date viewersofwane C'Ddl0\A/DVD irrages can be, provided in a variety of formats, including", Bank of America, N.A. Attachments �� 20 Page 495 of 830 IIII C'Ddll*\A llricryption converts the original plain-texi data into unintedligible, form, making the original text indedphenab|e � C'[}RUK3 Data Decryption Key isa security code, that must be entered in the system by you prior to registering your BankofAmerica C'[}RUNAs/DVDs � Restrict User Access requires that valid users must be predefined to enable user application and account � Account Number Security allows only the last four digits of the primary account numberto appear on the C'D RONA/DVD J.6.Lmdkbox Sem/Uces We arc, proposing the City take, advantage of our partnership with l3ill2flay for your retail lockbox riceds. E3iU2Pay processes over 3O million payments annually at its two processing facilities inJaoksonviUe and Clearwater, F|orida, With a combined 72 years of industry experience, BiUZPay'a high quality product and direct access to decision makers onsures our cornmitryient to our clients. As a result, this commitment is seen in our impoccable, 981Y, customer netentionrate, VVearc, committed toserving your needs. We have, been trusted by over 50 government municipalities, counties, utility companies, commercial companies, and multiple national companies for ricarly twerity years to mect and exceed their payment needs. By processing over $400,000,000 worth of transactions each month, and long-standing depository relationships with l3ank of America, l3ill2flay is uniquely positioned to continue delivering the full scope of services required inthe City'aRFPand beyond� Bi||2Payoffers the City many improvementsasa lockbox provider, � F|orida payments - Highquality, experienced F|oridiansoperate our lockbox, Keep iobsin F|oridaand e|iminate the extra expensesand time ofshipping City mail out ofstate! � Faster Deposits Looated nearthe Tampa |nternationa| Airport (T|A)' a major USPSsorting oenter' mail arrives and is sorted here for same day deposits of your bills. T|Aofien de|ivens state mail faster than local mai|! Much less expense'much less errors, and aquicker deposit from mailing, � Highquality processing, fewer errors arc, fewer costs and headaohes� � New equipment - As many companies are leaving the lockbox business as the volumes decline, Bi||2Pay has invested $500'000 into it, Our new equipment gives us single -pass processing and expands our imaging capabilities to most anything included in an envelope, � E|iminatethe client bag! Bi||2Payoan image notes, exceptions, coupons and exception items, then makethem available oriline, for review and decisions. l he, process just got faster, casier, and l ess llxperlsivc! � SSNE 1GType ||' formally known as SAS 7OType || Audit - No Exoeptionstwo years in a row, Bi||ZPay'abuaineaa|eadenaanaexperiennedinduatryexpertavvithauthorityanda000untabi|itytoprovidetheservioeyou arc, asking for and they arc, D|REC'TLYaccessible toyou, This direct accessibility todecision makers isoneofthe reasons l3ill2flaylias maintained its promicre, status in FIorida client satisfaction and a client reterition ratc, of 98(Y, Bank of America, N.A. �B. Attachments �� 21 Page 496 of 830 High Quality and Superior Customer Service, that comes from direct contact with the experts who report directly to the President, EHUZPayis a medium si7ed company with quick direct access to decision makers, with less red tape than larger companies. This isexactly the right simefor you, You arc, important, not lost inthe masses, yet you arc, dealing with highly experienced experts in the payment solutions industry and a we||-o8pit8|i7ed company, |mp|ementaton has never been so easy! We can have, your lockbox up and running atour location within 4-6 weeks. Bi||2Paywj|| do all the work" coordinate the opening of your new P,U E3ox, pnogrann tothe City's anan|ineand |onkbox data file specifications. Bi||2Paywi|| set up the FTPsite for tnansferringofthe dai|yfi|e� Bi||ZPaywi|| work directly with BankofAmerica, like many times in the past, and save Boca Raton any headache, Business Rules will be discussed during implementation, the rules will be, documented and a copy will be, provided to the City, |thas neverbeen soeasy! Justask our o|ients! P|easerefertotheAppendixforfurtherinformationonBiUZFlayapnoneaaing Wholesaleookbox l oday we Drocess Lhe Cfty's Lax business roccipts and llmorgericy Medical Service wholesale remittance payrylents at our Atlanta lockbox site. As a current lockbox client, the City is very farriliar with our lockbox capabilities. Our Wholesale irrage, lockbox solution currently rnects the City's renniftLance Drocessing requireinnenLs tor ll,Wsiness Lo Business(B2B)payments. Our Atlanta lockbox siteisequipped toprovide |mage, Lookbox The, City subscribes toour imageservice, The advantagesofourimagesemioesino|ude"on|ineimageaooess,dataandimagetnansmission'andenoryptedC'D-RUK3, l hose, services allow the City to re-crigincer their Accounts lReceivable, office's into a virtually paper-frec, crivironryient, With the irrage, systern, the process for capturing chock and rernittance, detail information is improved, facilitating a more, accurate and complete data transmission to the City, Working from irrages mearis that there, is less potential for mislaid paper items. Key entry of remittance, data, such as the invoice riumber, is performed by the operator through on-screen prompts while, viewing the image' which meansthat all requested information is keyed. Operators can enlarge and enhance, images of remittance, documents for greater clarity in performing supplemental keying, resulting in fewer errors and orrissions and betior quality for our mage, l ockbox clients. mages or chocks and supporting documentation arc, available within two to threc, hours of deposit using oriline, viewing through CashPro`Un|ine, |mages remain on|inefor 45 (lays and arc, then supplemented with a monthly C'D-RUK3for ongoing review (or more frequent distribution based on volume), |n addition' data transmission files, image tnansmissionfi|esand|ong-termimagearohiveservioesaneavai|ab|etoassistwithautomatingAcoountReoeivab|e Wholesale l ockbox will allow the City's accounLs rece�va�.de Leann Lo�� IIII mprove cash position Our riationwide, strategically located lockbox sites can accelerate the deflivery of your mail, reduce, mail float and speed up the collection of your recedvables IIII Make faster decisions and improve customer service - Speeding up the processing of remittances can give you quicker access to customer information criabling you to", IIII deritify credit risk customers sooner IIII Answer customer inquiries inamore timely manner IIII Make more timely shipping decisions Bank of America, N.A. ELAttachments �22 Page 497 of 830 - Reduce costs -1 everagingour expertise tomore efficiently collect and process �c(,,ivab|(,,sr��(,,s time, and money sperit processing r(,,c(,,ivaL)I(,,s in house, VVeoperate |ookboxesinkeynationwide collection oentens" Atlanta'BaNmone, Boston'Chicago, Dallas, LosArige|es, San Francisco and St, Louis. The City currently maintains two |ookboxes in our Atlanta site� A lockbox consists of United State's post office, box to which a company instructs some, or all of its trading partners to address their payments and remittances. As frequently as postal deflivery schodules warrant, incorring mail is picked up by our couriers and de|ivened to our facilities for processing, Step-by-step pirocess: � Once mail isde|iveredtothe designated LookboxProoessing Center, itissorted bytheChy'alockbox number(s), � Paymentsarc, delivered toadedicated teamwithin the processing oenter, � Cheoksareprooessedanddeposited'andnemittanoedetai|iaproneaaedannordingtothen|ient'aapenifinationa � Card payments arc, sorted from chock payments and aresubmitied for authori78tion+ and settlement � The supporting detail for all items processed, including chocks, cards and correspondence, is mailed orsentvia a courier daily, Options include local and nationwide couriers and US, K3aii � |nformation extracted from chocks and accompanying invoices can be transmitted to your company daily to update to your accounts receivable system, Fu|| K3|CR-|ine information' invoiced related data, and other company required k�yoaptured data fields (remitter name, invoice amount, etc,) are available for transmission, Data can be transmitted in a variety of ways. Transmission times are established based upon a mutua||y- agreeab|ewindow oftime, determined atimplementation. Notification of current -day and prior -day depository information and float summary by lockbox is available through our oriline, w(A) access services. The diagram below demonstrates our step -by step process. WidlesdeUmmage ��,,,oc��k��box,f��owc��iaiirt Bank of America, N.A. �B. Attachments �� 23 Page 498 of 830 mawpra=es=°g ` Ndhad s�tc2dto Iuchbux uviA ^pv"Upjli,�rj I")/'ncx*mor)"�mTngn in Extiactionmndoinigia Capture ^ mowxm/cpapm� ` m,�wmmn .,a"c", 6,cum=Ili tr,mvoon*mo*m .mmo�w W, 0 a Lai ca pm re LIM Check keylngand encoellng 11j, ` w/oxtva" Lock. bo^daLibais� 1111l, ^ cmdiln, 1,3 "Accollill has,"d on ^Avm.�m/oyamw*ww ^ oatanI ev�rawovn ^p^ymum.ohninxuardmveu onlilt I=�ol"=hon wuvVey Y � ^ mmm�non�o�unm �Key F�eatuiresd WhdUesMe8mmage 1, odkbox � �eynationwjdeprooessingsites-Looatedo|osetomainpostal faoi|itiesdesignedtominimimef|oat � Unique 7ipoodes ateaoh site - Forfaster hand|ingand extraction from the post office, � Competitive collection and faster availability ofsohedu|es � Continuous processing -24 hour daily processing and optional weekend processing � EMensivedataentryanddatatnansmissionoapabi|ities-Toenab|eexpeditionofupdatingyourreoeivab|es � Experienced lockbox specialists - To handle, your processing needs � Card payment processing, - Obtains authori78tion and provides you daily reports on approved and deo|ined payments Cumtommeir SenMce aind Suppoirt Uur|ookboxoustomersemioeunitisavai|ab|eGa,m,toGp,m,Eastem,VVeoff'(,,rsevena|optionstomeetyoursemioing needs� The City's Dedicated Service Director, Sarah Snyder ora designated backup can help address your treasury managementneeds. Or you may contact the techilical help de'sk client support tearn or the client support tearyl in a particular operational area' such as the lockbox servioedepartment, n each case' you will work with expedswho arc, able, to answer your questions and your specific service needs. UinquUides aind Researdh We continually monitor client service turnaround times to make cortain that all matters arc, resolved in a quick and offioient manner, We ane committed to answering all telephone calls promptly, precisely and accurately, We strive to address client issues within oric hour of roccipt, and our goal is 1.00 percent same-day resolution, dowever, resolutions may take 24 to 48 hours deperiding on the level of research required, Respoinse Times - We consistently exceed the standards for timely client service, Responsetimes arc, measured infernally on a daily basis and reported on a monthly basis. Additionally, the bank conducts periodic external surveys, which allow our clients togive feedbaokon our responsetimes. The bank, has nonaiatent|ynaneived 1axneUent^ ratings byclients with regard to meetingdesined response times. Bank of America, N.A. �B. Attachments �� 24 Page 499 of 830 TedhiMcMlSupport-VVeofferawjdenangeofteohnioa|supporttoouro|ients During the initial establishment ofyour account, your designated TneasurySolutions Officer, SeanSi|verbushworkedwiththeQtyandourproduotoonsu|tants to develop plan that best fits your specific needs� We will continue to introduce new techriologic's and capabilitie's to the City as soon as they become, available, At this time, wc, recommend the City takc, advantage of several k(,,y initiatives that havc, proven highly successful for other public entitiesserved by the bank� We will be pleased to discuss theseservices with the City, Our recommendations ane described below, ldea #2� Sa"NCoimi'iect ldea#3� ll)qpii�)dlt ��l ii'adk�lii'ig Geii�'Vlce n Idea #I,: dl?aydb�les sdlufloin'foir'the Qty ePayab|esconverts the Cftya routine paymeritstovendors from paper -wasting chocks to effioientoard payments This conversion boosts fraud proverition for the City, improves relationships with your vendors, and operis up another revenuestream for the Qty in the form of rebate. Beyonde|iminatingtheoverheadofissuingoheoks,ePayab|eswiUa|sooptnn�zetheCftya:Ioatbeefuppnzteotonfrom chock fraud, and madmimethepotentia|ofyour nabateTheChy'anabatepotential isdetermined bythe total annual spend on your flurchasing Card programs. By exteriding the reach of your purchases to clectronic vendor payments via card, the City can substantially increase, the amountofyour rebate, Our ePayab|essolution will integnateseam|ess|ywith your Accounts Payable process through card payments with minirral impact to your valuable technical resources. l he City will expericrice the following beriefits with cdllayablcs" � Vendor match, Receive a more accurate estmate of chock-to-c|eotronio savn6Q, by working with the only provider that offers a vendor -match featunethat matohesyour vendors against proprietary vendor database known toaccept ePayab|es� � Proven vendor enrollment, VVe do the heavy lifting by segmenting the City's vendor fl|e' targeting appropriate vendors for migration to ePayab|es and then enro||ingthem, Since, we have been doing this longer than any of our competitors, our vendor database is the largest and most accessible, � B1cnsivesecurity, Benefitfrom apatented, active card contro|featurc, that helps safeguard your payrnerit as it allows us to dynamically fund cards for AP payments. No funds ane released for payment until you approve the � Exceptional platform, The ePayab|esso|ution is de|ivered via Works, which is proprietary platform, nota third - party provider like, other providers may us(,,, ��t will integratc, scarnlessly with Lhe Cfty's accounting software, Bank of America, N.A. ELAttachments �25 Page 500 of 830 � Consolidated onefi|e capability, Send on|yone payment file, for card, chock, ACH and wire, which streamlines your business process", no other card issuer can offer this capability, ri fact, most cornpotitors can only accept card and AC�d payments in oric, file, if at all, l he City sends the vendor notification that funds have, been put on the cardless account riumber kept on file, and signifiesthat they can now process the funds through their normal merchant batch process. Vendors like, this mothod asthey arc, in charge, of their payment process and they reoeivetheir funds clean and neatinto their chocking account within 48 hours. l irring of payment deperids upon Lhe vendor's contract with its morcharit processor, We have outlined the eflayables process below, Simply put, the City provides us with your vendor payment information and wc, do the rest, 1. l he, City provides vendor payment information for a Visa/ Mas Ler Ca d and Wor kaK8atnhrI" (ongpingandbefona initial product |aunoh), 2, Our enrollment tearn contacts targeted vendors to request their participation in receiving your future, payrylents byacard payment vs. achock payment, 3, The, vendors that accept a card paymentarc, then assigned a unique card account numberand their payment type, ischanged tocard orother within the |FASsystem, 4, TheQtyreoeivesandreviewsinvoioesfromtheirvendonsandapprovesthemforpayment(noohangeismade to your current process), You then transmit a payment flic, to the bank with invoice payment information for all vendors to be paid by card. 5, Unoewereoeivethefi|e'theonedit|imitsontheappropriatevendora000untsareinoreasedtomatohthe invoioeamount,andvendonsneoeiveremittanoeinformationwiththeauthori7ationtoprooesstheiroharge. Once processed, each annount'acredit |imitreturns tomero, G, Automatic reconciliation occurs and a confirmation fi|eisavailable todownload and integrate into your ERP system, 7, The card accounts can cycle weekly, bi-week|yoron a monthly basis. The paymentdue date isse|ected a000ndingtotheoyo|ethatisohosen,ThebankdebitstheCity'aDDAannounttoaeW|etnanaantionaonthedue date, Bank ofAmerica, N.A. B.Attachments �2G Page 501 of 830 G. UnoeePayab|esisimp|emented,wewjUoontinuetoprovdevendoron-boardingsemioesthroughthe|ifeofthe program, Complete implementation for our edllayables program generally takes between 30 QO(lays from contract signing, Since the Qty is a current client with the bank' implementation timeframes may be, considerably reduced. This means you can dedioateyour valuable |Tand treasury resources onother projects, which saves you time, and money, VVecan focus offortson programoptimi7ation arid obtaining vendor acceptance rather than foundational software, implementations. � Reduce materials, labor and overall costs associated with disbursing payments ($2,00 to $1O,OOachock) IIII Streamline payment process IIII Automate integration with MUMS IIII llMend disbursement float IIII lReduce exposure to chock fraud IIII Generate arebate n Z Idea #2: SafeCoininect Another alternative we recommend for the City to help case the time committed to daily trips to local bankingconters and/or armored carrier to the West 11alm l3each cash vault is our SafeCorinect s(,,rvic(,,. VVithSafeConneot the City can pair the safeyofabill va|idatingsafewith the mobility ofanarmored carrier, Safe, Connect can provide the City with a virtual vault solution with robust security features, quicker access to cash and improved knowledge, ofyour cash position, l he, City will contract directly with an armored carrier for rental of a deposit- onlye|eotroniosafe, handwanesemioe, maintenance and armored carrier serv|oe.VVewi||estab|ishoonneotivitywiththearmoredoarrierandgenera||y provide credit nextbusiness (Jay onsafe, deposits. Festerfunds availability Arect communication between the safe, and armored carrier network can criable, daily credit," the armored carrier network corn m u nicates directly with l3ank ofAmerica to turn cash rcccipts into usable funds, generally providing Bank of America, N.A. The Bainkmf Airnedca coirnpebfflve advaintage Wo ivm-o iho finstbmk iooff(ra Sal,(C000uctmurviculOt fbnr omorxrolorudcxrcxrdurm.1'hu hank curruot|voffermSal'(C000uct � BhnKa IIII l ommis IIII Dunbar ELAttachments �27 Page 502 of 830 next -day credit for cash hold in the safc L llryiployces feed bills directly into your on-sitc, armored carrier safe, l3ills do not riced to be, sorted or faced. 2, l he, safe, corn m unicates the currency deposit totals to the armored carrier network at a schoduled time, each (Jay, usually corresponding to your crid of business (Jay, 3, l he armored carrier creates a corn preherisive transaction report on each safe for your locations. 4, l he armored carrier corn mu nicates deposit totals to the bank on a daily basis 5, l he, bank generally credits your account for deposited cash while, it still physically resides in your other |ooatons� 6, l3ased on your pre -determined schodule, an armored carrier arrives at your location to service, your deposits. Beine0tsd SdeCoininect � |mpnoved employce safety and minimi7ed cash -handling risk - the on-site safe and armored carrier service oan increase emp|oyeesafety and decrease risk of loss", employces log in with personal Ds, helping improve accountability for cash roccipts. � Improved officiencyand productivity with simplifled deposit preparation, reduced armored carrier trips and consolidated reporting data, less time, is sperit going to the bank, preparing deposits and data reporting, � Fasterfundsavai|abi|ity-dinectoommunioatonbetweenthesafeandamnoredoarhernetworkoanenab|e daily credit; the armored carrier network corn m u nicates directly with the bank to turn cash roccipts into usable funds, generally providing next -day credft bir cash deposfted in the sal:e on the ocabon's Dreinn�ses (sonne instances may besame(Jay), n � Idea #3: DeposIt Tradding SeirvIce TheC,I tyoann�evevisibi|hyintothe, fuU|ifeoyo|eofyourde, posi tswjthourDepostTraoking Semicc, "([) l S),[) l Sisa web-basedbaroodedeposittnaokingsystemthatenab|estheQtytooreatedepositinformationon|ine'traokyour deposits thorugh charige, of custody to an armored car and verify roccipt by the West 11alm l3cach cash vault with additional updates on credit, verification and other related adjustments. 1111 Deposits arc, tracked from point of creation, through charige, of custody to an armored carrier and ultirnatedy roccipt and processing by the bank 1111 11rovides multi bank, carrier-ricutral deposit tracking functionality 1111 Deposit status can be, viewed oriline, 24/ 7 L ll��ritcr deposit information and the security deposit bag riumber into the D Is w(A) application, Bank of America, N.A. IB. Attachments �� 28 Page 503 of 830 3, l he system is updated with the deposit detail to include the time the deposit was prepared and the associate preparing the deposit, 4, Thearmored carrier |Diskeycnteredorscanned into the [) ��Ssystem atthe exohangeofcustody, 5, Deposit is packaged using special approved Deposit l racking deposit bags or clear bar-coded deposit bars vvith "yeUom^paperiinserts G, Cash vault pensonne|will soantheseouhtybagbar-oodeatneoeiptfromthearmoredoarrier,Thisinformation isrecorded onthe [) l Ssystem, 7, Credit, verification and adjustment updates arc, provided to ��) ��S at the crid of the (Jay, The City will continue to nsccive a monthly electronic and paper account reconciliation report through our Account Reoonoi|iationp|ans� ll�Vl Account lRecoriciliation overview VVerecommend the City consider switching from our ParUa|Account Reoonoi|iationplan toour FuUAccount Reoonoi|iationandPositivePayp|an,Priortoissuingoheoks,youe|eotronioaUypnmidethebankinformationon individual chocks being issucd� l his information includes scrial riumber, datc, issued and dollar arnount, The City will have the ability to include additional data for payee name and/or other discretionary data on each issue record. Aschocks arc, presented to us for payment, we match the paid itemstothe issued item onfi|eand produce reports atthe endofyour accounting cycle showing the results ofthe match, ri addition to the standard reconciliation reports, a file, can bc, transmitted that includes paid chock and/oroutstanding chock information. llor full reconciliation accounts, the reporting schodules arc, listed bcdow", III Baink statemmeints—Sixbusinessdays � RecoincUUaboinUn'fonmmafloin— �Wc business (lays (the, turnaround begiris on the (Jay following reccipt by the Bank of America, N.A. �B. Attachments �� 29 Page 504 of 830 l3clow is an illustration of the full account reconciliation workf'low, Custonicr Check Issue File Account ~|e0QeDf Ful].AoCOuN Processing Workflow l he, following options arc, available to the City, Same[ayAutomatedAcknow|edgementofssue�|es-Thesamedayautoaoknow|edgementprovdesthe ability to receive, a resporise, flic, corifirming issuc, and void information trarismitted and received by the NlRfl platform, When a Me is transmitted to the bank, a report Me is scrit to the City the same, (Jay with a summary byaccount that includes total numberof items and total dollar of items received. With this option the City's input flic, is Posted, ("Verl if the courit and dollar totals do not rratch the trailer record scrit by the City, Voids maybesubmittedwiththeissuefi|eandwi||beino|udedinthesummaryinformationprovided,Thesameday aoknow|edgementfile, isprovided atnocharge, Nmi[ay AutomatedAcknow|edgementofssue�|es-Thenmidayautoaoknow|edgementpnovdesthe ability for the City to receive, a resporise, file, confirming issuc, and void information transmitted and posted to the NRPplatform, When a file, is trarismitted to the bank, a data Me is scrit to the City carly the next morning, confirming all records received and the status of each record, f a record is rejected, wc, notify the City of the reject in the acknowledgement file, along with the reason the record rejected. The next (Jay acknowledgement file, isprovided atnocharge, 0eanDai|yPaidlli|e-ThisfeatunepnovdestheCitywfthanopdona|dai�pa��d of^nean^paid check, information. The ^n|ean^ dai|y paid iaavai|ab|eon a twodaydelay and includes fully matched and reconciled paid chock data, Paid items with a return decision arc, excluded. Options may include cancels, � Stale Datc, Control l his feature, allows the City to designatc, a time, period during which chocks issued by thern arc, valid. After this time, period, chocks arc, considered stale dated and will be, returried unpaid if the Citydocs Bank of America, N.A. �B. Attachments �� 30 Page 505 of 830 service, these, itemswill be, reported as a positive pay exception for the City tomake apay orreturn decision by the specifle'd deadline" Stale Datc, Control is only available under the ll�Vl Account lRecoricilement 11lan, Checks � Maximurn Dollar Control l his feature, criables the client to designatc, a maximurn dollar arrourit for chocks drawn onyour account, f the City does not subscribe to the llositive, flay service, any chock presented for payment, that exoeedstheir speoified dollar limit, will be returned automatically, |fthe City subscribes tothe PositivePayservioe'theseitemswi||benepodedasapositivepayexoeptionfortheQtytomakeapayor return decision by the specifled deadline, � Automatio|ssueAddUption-|ftheChyinstuot BankofAmerica topay aPaid -no-issue (PN|)exception via flositive flay, the City may choose to authori7G' 010 l'OSiflVG' ��l�'ay systern to automatically add an issue to their � Stale to Stop ri addition to the current stale date option, where the City can view and decision paid iterns associated with a stale dated issue via positive pay, this option initiates a stop payment when the issue beoomessta|edated resulting inthe paid item automatically being returned as stop payment, � Stale Dated Cancellation l he, Stale Dated Cancellation service, initiates a canced transaction wherl the outstandingissue becomes stale dated� The outstanding issue, will be updated with a status ofoanoe| and removed from the outstanding balaricc,� f the itern is paid aher the outstanding issuc, has been cancelled and the account is on flositive, flay, the paid itern will be, reported as a 11aid No ssue, ��K INsasten��Recoveiiry FNain Disaster, business recovery and backup planning r(,,c(,,iv(,, top priority at the bank and arc, major considerations in all system design and implementations. Contingency p|ansarc, tested frequently, Prooeduresane in place for all aspects of disaster recovery, including immediateemergenoyresponse' failure, assessment, backup activation, backup operations and primarysite restoration. lNsas'teir pmmpairediness Major disaster plan highlights arc, asfoUows III ll��ach critical bank application is involved in at 1("ast two contingency tests annually, Minirrally, oric, test is � l he notification procedure is tested periodically to onsure, that all necessary support can be, provided during a disaster, III Eaohapp|ioatonmustdemonstnateitsabi|hytointenaotaunneaafuUyvvfthaUinterfaneadeaignatedaa^FirsL F�omrndUdsas'tei`recovenyK�ains'foii,'Che Oty's qpedhl�lc seiiMces Wehave, deve|ope'danexterisive, company wide, Disaster RecoveryP|anthat includes exterisivep|aris forservices. P|anningisdonetoantioipatedisasters caused byweather orother factons.|nohtioa|openationsoentens,weemp|oy uninterrupted power source (UPS)technology, All processing locations have dther a hot sitc, or other backup facilities and arc, supported by built-in redundancies. Emergenoyoontactsineaohaneaanenamedandadatabaseofassooiateinformationismaintainedinondert000ntaot associates inthe affected areas. Bank of America, N.A. ELAttachments �� 31 Page 506 of 830 Bey fflsasteir iirecoveiiry s6WUoiris [horn Ilplllace We have major data centers [aba.atedg throughout the enterprise. II [law data centers IPI .[law II atlQaterPl U.S. are recovered at a:d vendor ["labt site. I he data centers in the West are recovered in an interna[ gadd;bl[lty. Our recovery sites can be operad%'.iona i in two to six hours, d: �awpendir'I�; on the site a: and functions recovered at that [abd;,atl%ion. rbsts of the recovery pians are conducted " n uia dye for atl[[ mainframe systems. Cr'lyldbad[ chent data and adgbgbhcad%ion services are backed alb aw[awctrabnica iiy and intraday transactions are dasaburraa"rlted„g to atl[[d; w recovery %'.ab'the gbablr'I'% of atl disaster. he bank has ad [ar'ggaw number and variety of r' icr'a nggaw/`d;b[len server systems [abd;,a twig throughout the enterprise. :Recovery awab[a!%'.lons are driven by the gba!aalrless fa!rid;b%'.lons supported by each system and vary wid eiy. :Recovery pians are scad[awdg to gbab%'h the Irld ivid uad[ system and the entire data center in which %'.["law hardware resides. he bank has moved to interna[ recovery of its r' icra ng C11/`d:;�lrwnt server' systems s 1hJher'ever' g�ab�rsibie to reduce risk and shorten recovery times. llestiPigg is conducted for rYaabQat systems atlnnuatl[[ , atl[�.hougg[I more frequent %estiPigg lab conducted on crificad[ systems. We have an Interna[ recovery strategy for a,[leck gbraba,awQ sirgg, one [aba,atltedg IPI the eastern U.S. and one IP I the western [ l.& If he fadbl[lyles not on[y provide recovery for capture of the d:;hrwcks, but for a[[ supportir'ig6 bank gur'iabt.iabns. A number ber of teams are IPI gr[aace to support the recovery effort, ensuring that .[law site is atldga� quaatr'w[y' staffed. l aest'Irigg of ad[[ ad;igrrwcts of %'.["law process and of ad[[ processing sites is conducted reg uia:dr'[y. he Cadai["IIFlr'ab d:,dbriting;awP lcy site, iota. twig in ad separate ;ig',.cdte, is a:d gr,![[ sca ie copy of the prodgr,!d:;g'ion envir'abrlrYaetit, Dur'ir'Igg the nor'matl[ business day,data IQb'tr'atlrlQbrYalttedg from the production site t law backup site, ensuring that databases are kept, current, IIP I the event of atl rraajor site 'fa hire or disaster, we Vbll[[ bring the a.abP finggency site into production. galnce atl[[ hardware and software are atl[reatldgy IPI gb[atice, sa gg contingency environment is no more ababrraphca ted than stalrtirigg the norrraal[ praba��!ab�;ion system after ' atl maintenance shutdown. Before the d;babrl%IrlggO Icy site is made a vadl[adgb[aw to d;,he Its, ad[[ backoffs e interfaces are verified, a s lab the integrity of the backup database. se. Cadai["IIFlrab Oniine is currawr fly configured to run with one data center servi in,g ad[[ production r'awwg,a!awsts, a ndg a:l second dgal%a:l center serving a s ad ["labt standby. Bank abf°America, N.A. B. Attachments I32 Page 507 of 830 |n the case of an unexpected power failure, telephone system or network failure, orthe failure of crucial system impaotin�the primary production site, advanced recovery technologies are employed and the City's ACI Hfi|eiereroutedtoone ofour oontin�enoyACHs�es.VVerun backups ofproduction data throu�houttheprooessin�day toensure recovery tothe point offailure and tosho�enthe recovery time. l his procedure will be transparent to you and the flic, will be processed as expected. Additionally, mobile teams are prepared torelocate tothe oontin�Onoys�esas�� required, oomp|etejob-runsoriptsandnaooveryprocedures.Furthermona,theoontin��noyhardwanaand software, procedures for imp|ementingthe ACHservices and oonflngenoysires have been developed and are tested annually. Our business oontinurry plan for wire transfer services will help minimi7ethe duration and impact of potentia|outa�es.Rparty are frequently conducted to ensure they meet the same unyieldirqg requirements for readiness and crisis mana�ement n addition to our operations sites in Scranton, Concord and New York, we operate backup sires in Worth, l exas and Columbia, South Carolina, with f uli access to our primary wire systems. l he hardware for the wire systems is located in Atlanta, Georgia and Richmond, Virginia, thereby providing insulation from regionai disasters. Hot backup hardware is located in Kansas City, Missouri and Dallas, exas, in the event of a total wire system failure. Because the backup hardware mirrors the primary hardware, all transactions are written tothe primary, backup and third boxes in naa| time. As a result, no data would be lost should the primary or backup systems godown. Fina|k(inaddition toour primary openstin�system, the wire depa�menthas accessto ::�edline I terminals for supplementai connectivity to the lledwire system. [Nsasteirmmcoveiry: Rlain updates aind tes,fling l he City can rest assured each critical bank application is involved in at least two contingency testsannually, Disaster recovery plans arc, extensive, and monitored by our risk management and business resiliency tearns to make, surc, review/updateand testing arc, performed annually, ataminimum, 11lans arc, updated throughout the year to reflect application, infrastructure and work arca changes. Minirrally, one, test is unannounced. When a test occurs, exionsive, verification is performed and signoff is received. Additionally, a post-mortern is conducted to discuss lessons learned and then appropriate steps arc, taken to enhance, the Plans based onthe findinrs� Access to tneasunyUinfonmmmfloin TheCity's aaa�gnedDe6catedService Dinantor, Sarah Snyder, will assist the City with all ofthe itemslisted inthe event ofanoutage"phordayneporUn�positivepayexoeptionneporUnganddeoisions",sendingfedwjresoutandnepodjng fed wires in," initiating ACHtransaotions", manually processing your work including wires and ACH items",faxing or emai|ingyour reports, statements and notifications. Bank of America, N.A. �B. Attachments �� 33 Page 508 of 830 � CashProUn|ineisaseouneweb-basedsystem'andisaooessib|eanywhenetheCityhasintemetaooesswNh � Should the City be, operating in contingency mode, without their l3ank of America digital cortificate, they can contact the l echnical Care, Conter and request their digital cortificatc, for download. � l he City can also contact Sarah Snyder, your assigned dedicated service director orthe Customer Call Certer to obtain balances and transaction information as well as to initiatc, transactions. Support phonenumbers include" � Teohnioa|Support, 1.GOO,G24,2QO7'option 4, � Data TnansmissionSupport, 1-GOQ,G54,4G34, � |n the case of unexpected bank system problems ora natural disaster, clients can call the support help desk (1-GGG,5G9,3473)for assistance, � ri the ("Verit of arl unexpected interruption in your computer system, Cashflro oriline, which does not require a modemandissimp|yaooessib|eviaawebaddnessontheinternet,iseasi|yaooessedfromhomeoomputensor alternate work sites. CustoiirnenseiMue ri the everit of an ornergericy affecting oric, of the Client Service Conters, all calls arc, automatically routed to the sister- sitc'�� This has been tested numerous times, most recently with the string of hurricanes affecting all coastal regions, and has been successful, Alternative mail and courier routes have, also been established in the everit normal rouLes are dsinqAed hebanKa banking conter network is switchable, to the backup site, BankofAmerica can also run the prevousACH Arect Deposit of Payroll Me in case of an emergenoy, fthe City implements our flurchasing Card solution, you can have, additional lirrits loaded onto each of the cards. Furthermore' theQtyoanissuemerodo||ar|imitoandstokeyemp|oyeestopnepaneforanemergenoy, Once, anemergenoyhas been declared, the administrators ofthe Purohasing Card program can load |imitsonto the card orissuedeclining balance cards sothat the keyCity emp|oyeescan purchase emergenoysupp|ies� Accessto emmengeincy cas�h TheCity has access to1OBankofAmehoabanking oentensinthe city ofBoca Ratonand G4Dinthe state of F|orida, BankofAmerica has full service, Mobile, Banking Units and Mobile, AJK3Vehio|es� Bank of America, N.A. � Obtdo24bonrm. � Pnmeo Klobileuoihabavubeen mi � ecems 1"i d dopklyodin NoivYm-k NelvJmmely K�amma�bnm�tm,tbuUimtriciofCo|oozbia°d, florida,NortbCmrohom,Uhooim,I'uxam,Urugooand Cabfbroia. �B. Attachments �� 34 Page 509 of 830 Value Added advaintage: MobUUe Bain�Ming UnKs Our Mobile, BankingConterProgramwill maintain, mana6e,and deploy temporary full- service, Mobile, BankingConter Units to minirni7C' business disruption and exceed your expectations as riceded during disaster situations. The, mobile, banking program features commercial -quality, heavyduty, vehio|e-styleunits that arc, fully seU-contained' with the following keyfeatures� III On -board generator for self-contairied power III On -board satellite for self-contained network connectivity III Cash dispensing Xi Ms III i eller client servicing options i he, bank agr(,,(,,s to cash City chocks to your employces at no charge regardless if the pay(,,(,, is a current l3ank of America account holder or not, No chock cashing agreement is required, VVeoanhe|ptheCityenhanoeyouredstingemp|oyeeinoentivepnogramwNhanangeofbankingsemioesthroughthe BankofAmerioaatVVorh°pnognam,Uvena||'thesesemioeswj||oontinuetoreduoeyouradministrativeoost and add valuable employce, beriefits to your hiring package, l3ank of America at Work provides the City more ways to build your benefitsprognamsandempoweryouremp|oyeestotakeoontro|oftheirpensona|finanoeswithgreatereaseand officiency, for example." 111 640 banking conters throughout ii1orida and over 5,900 throughout the US, 1,448 Xi Ms in ii1orida with ricarly 1.8,000 bank owned and operated Xi Ms nationwide � ToUfrec, tolophoric, banking and award winning Online i3anking and Mobile, i3anking for secure 24/ 7 account Cumtommzed beine0ts,fomtilhe Qty BankofAmehoaatVVorkpnovdesemp|oyeesaooesstoi1nanoia|tooks,nesourcesandso|utionstohe|pmanagetheir everyday banking riceds and help thern pursue their short- and long-term firiancial goals. Offering this banking package to employces is a cost-(,, ff (,,c ti vc, way to enrich your beriefits package and, at the same, time, offer employces added incentives to participate in a direct deposit payroll program, Benefitsfor the City include" � increases direct deposit participation by incenting your employces with a package of banking products and services at no cost to tilhe Qty � Supp|ennentathe City'a benefits package to increase, emp|oyeesatisfaotion and reduce turnover � Greatly minimi7esrisk ofstolen orlost chocks and chock fraud � �mme pnommmfioinaU mmatenUWUssuoh as targeted flyers, posters, email corn munioations and our BankofAmerica atWork website, banko�'amerioa,00m/bankatwork. Bank of America, N.A. ELAttachments �� 35 Page 510 of 830 |n addition to the existing BankofAmerica at Work program' your emp|oyeeswiU also have access to Morrill Edge`, an investryient service that gives your employces access to investment research, guidance and tools along with competitive pricing for oriline trades. l hrough Morrill lldge, your employces can leverage the investment insights of Morrill l yrich while enjoying the corivenionce, of our banking, Your employces can learn more & open Morrill lldge, accounts at rnerrilledge.com or by speaking with a licerised Morrill lldge, llinancial Solutions Advisor by phoric, or in se|eotBankofAmerica banking oentens. Cumtomm��zed,fl�ii�iaii�ic��aUeducaboin,fomyounemmpUoyees l hrough the l3ank of America at Work program, we will continue to work with the City to deliver i1riancial education to your employces. l hey will have access to the l3ank of America Solutions wobsite, L)a�iko�'arn(,,rica,corTlz5Q!�lio�is, which offers a wide, range, of firiancial tools, articles, calculators and flps Additionally, wc, would like, to highlight these, other beriefits, which may be, of interest to the City, � �ain�khmeiirl llledUsll I'll—Youremp|oyeesoanse|eottheoashbaokdealstheywantfromthetypesofp|aoeswhene they shop, l3arilkArrcriDcals will be, automatically added to their efligible, l3ank of America debit and credit cards and Morrill Lynoh credit cards. � MdbUUe BainKMing Apps —Your emp|oyeescan getour Mobile, Banking App, designed specifically for iPhonc0", iPad�'Windows PhoneI"'B|aokBerry".AnazonKind|eFinaI'll and Androidnwtab|etand handaetdevices, Wherever Lhey are, Lhey'U have easy access Lo their l3ank of America accounts with our quick and coriverlient K3obile, Bankirig App, � lAuseuirns oin Us"I |t all starts with a l3ank of America credit or debit card, City employces g(,,t frec, gerieral admissiontopadjoipatingmuseums,7oos,soienoeoentens,botanioa|gardensandmorethfirstfu||weekend ofeverymonth-iustbypresentingtheirBankofAmerioaoard. Eirnp�loyeeuoirnirnuiMcaboins TheCitywiUoontinuetonsc(,,ivepromotona|mateha|st000mmunioateprogrambeneftsanddet i|swithemp|oyees l3rochures, payroll stuffers, posters llmail and intrariet-ready corn mu nications to place on your internal employce, beriefits site, Our Bankof America atWork teamwill continue towork with the City to tailor and implement the best program tome� your ennp|oyeea'bankAngneeds We WHl Drov�e promotional materials, corn m unication plans, on-site on roll rylent everits, website links and more. Plus, ourteam continually assesses program effeotivenessto achieve, and maintain optimal participation, 20.Aiistommated GUeaiding House (ACH) DepoMts We arc, an industry leader in clectronic transactions and an active member of the NACHA l3oard of Directors ariol regional ACHassociations. |n2O11(the last year for which this NAC'HA statistic isavai|ab|e)'NACHAranked Bankof America asthe third largest originator and the largest receiver ofACH. |n2O11'the bank originated more than 2'O33'3G7'G74transit items and received more than 1'604'510'627 transit itemstota|ing more than $12 trillion dollars in value, l he City Carl continue to initiatc, ACH credit and debit transactions Lhirough a drecLLrananniaakzndinantytothebanKa ACHprocessing system, VVesupport the following transmission protocols" HTTPS, FTP/PGP'SSHFTP'FTP/SSL,AS2' C'onneot:DirecC"with Seoure+'internetVPNs. Bank of America, N.A. ELAttachments �� 36 Page 511 of 830 When the City delivers aNACHAformatted direct deposit Metothe bank byQp,m, Eastemwith asettlement dateofthe next (Jay, wc, merno post the credit the nexi morning to all of your employces who bank with l3ank of America, llor other firiancial institutions to credit your employces account on the morning of settlement date, the NAC'HA file, must be, scrit two (lays in advance. l his is truc, no matter which bank you choose as your primary bank. As an alterriative, Cashflro Online ACH provides the City the ability to dediver ACH payments to the bank using the convenience of web -based tool. The City can originate direct deposit of payroll, pre-authorimed debits, corporate payments, federal and statc, tax payments, internal transfers and other payments. � Streamlines ACHinitiation for creating transactions and il|esinstandard NACHAformat � E|iminatesmany expensesassociated with paper-based transactions � Enhanoesaudit control ofdaily collection and disbursement activity � |Improves cash flow forecasting though se|f-se|ectedsettlement dates l ike the other Cashflro modules, the City designates permission to an administrator to use Cashflro Online ACH, Your ACH administrator establishes and maintains entitlements based on yourenthy'a naquinannente and po|inieaYou nnay sedect single, or dual administration for adding and restriding users' access to CadNlllro Oin|hne ACH Tennp|ateand batnh approval in CashPro Online ACH provide flexible, security options for enhanced payment control. Qtyusensoaneas|yimpodfi|esfromotherpaymentsystems,e|iminatingtheneedto�-keyinfomnation,TheCashPro Online AC�d service, accepts corn ma-dedirrited, fixed format and NAC'�-Wforrrattcd filcs ACH Cut -Off Times l he delivery times for ACH origination illes arc, ex1rernefly flexible, and based on your specific business riccdsWe will generally process the City's work, as soon as ��L Is rece�ved ll,,ecause wc, process on a continuous basis, wc, do not have, specific (Jay or night cycle cutof fs |fyou arc, making corporate payments, ourde|iverydead|ineis113Op,m,EastemthedayphortosettlementorQp,m, Easternfor same-day settlement for any BankofAmerica domestic account, fyou arc, making direct deposit ofpayroll or sirrilar payments to consurners, we recornmend that you allow for sufficient lead time for receiving firlaricial institutionstomakefundsavai|ab|eattheopeningofbusinessonsett|ementday, Bank of America, N.A. ELAttachments �� 37 Page 512 of 830 [Suricay for Moriday Settlernerit 1. 0 p, m, 9,30 p, m, 1. Calendar Day Bank of America, N.A. ELAttachments �� 37 Page 512 of 830 Deadlines described above apply to direct transmission files. �|es ane not considered de|ivered until the oomp|eteMe has been received successfully by the ACH site, On -Us entries arc, iterns destiried for l3ank of'Arrcrica dorrestic a000unns� Aterfi|etransmissionisoomp|ete'youmayaooessafi|eaoknow|edgementneporttononfnmthebanKananeiptofyour ACH file, This report isavailable on|ine and in a data fi|e.You may also access our voice, responsesystemto hear details about files received within the past five, business days� 23. Tiireasuny lWairiagemmemit So,ftwamm 3dow, we provide screen shots of our Cashllro Online services. Sample Cashflro Online log -in screen shot Bankof,Aniedca�� — Uztsh'f'ro^Onlinm Mervill Lynch o2shPro Online masts clients' diverse working delivering a simplified, personalized Web experience that provides secure, and convenient arccess to a broad range mtrea urymanmgemont /nmmmnentuebt and trade services through one portal Perforn-i critical cash rnanagennent activities ClUiCkly conveniently and reliably To learn rilore about our Bank of America, N.A. Sem=alan,guace,Lncili��uo� company ID�:U User -ID: V PasswowU r"m"^v"",'°ss"",*ra��u*t Siro"»41.111iLogin is"w°&dfor "Uthorizedusers; on* Login m B. Attachments �� 38 Page 513 of 830 CasI Sampic, hflro Onlinc, horro pago scroon shot 'W11111111 I I 'I 11), !"2 4,r'l "i), cul la�.l l ,III vva�/ I 11 1:;t1 1:111M PD, Bank of America G,,,t�!;h1'ro Online Merrill Lynch FN: IN)FO 1J,G M.,111M'8 P: AMEN f S FO -EPI Is NONFICA1 IONS ADPJPJ sr PVTORIT 11,117, M.P., W.111) CashPro UniversRy LIBOR 1 Morth 1) 1% Topic: 1A —iiTraininr GhGk Delle I 1I Z Month G % Webitmrs I Announcomp, d, LIBOR C Month 1) 1 5111 Unread d3) Read 0! 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[------- �� r",h,,"u"...rs IVwthe central .u"^m."""/resource m,»"m"=°""u current users Here you can =.``trammutools and! attend! Web -based seminars mmaximize your m"hFroOnline experience and stay mtouch Hi, I'm PITA II m°°u+° with its enhanced! offerings. mstarted, select the service that interests *mm" at cash position. ^~.~^~~t got you the m,*m"p.v"Or, "I m,*.,"nnxm"""u�"/"m'�"v/��""0��0� productba `�'''°°"""='�"�"=� mm" "�"o""^m".^^v��services. eauller Mohe tiffle to focus on Irani Lequflifty m mGm*�po.wu pmmves�n^ ^~~�^ Management and Frau =°�=~~��.,~^~��° p�.�u�� ~^~~"�~�~�~'~~�~~ � �.��_ �� :n ~~� "�~ ��_--'---___ - _� _—_fight "~ ~�� ~� 25 Meirdhaint Caird SeiMices cControySeouhty iii, Statement of Auditing Standards- SSNE1G We have provided a copy of our most recerit Statement of AuditingStandards SSNE16 report in the Appendix, d.Repoding We have provided screen shots of our morcharit services oriline reporting sytern in the, Appendix, 5.8 AddifloinaU�*ata When hinovation and experierice, come, together, riew possibilifles (,,rn(,,rg(,,, The, bank fully ornbraces technological advance's and hillovations and applies Lhese areas drecdy Lo Lhe Cfty's relationship, We conflnue along our flve-year path toward a $1 billion strategic investment in treasury products with newand oomingoapabi|ifles, which include", Barik of America, N.A. ELAttachments �� 42 Page 517 of 830 ExoeptUxnMlpeirfoirmmainoemeoogimzed The, bank continues toberecogr1im0dasanindustry leader inproviding treasury mariagemeritsolutions year aher year, Some of our top awards arc, highlighted below, EummonsyCash Mana8emsntSurvey, 2022 � Best RegIona|Cash Manager- IAmsdus � Best Domsat|uCaah Manager - Un|ted States EummonsyAwards cfExcellence, 2O12 11111 Best Cash Management Houae - Un|tsdStatea G|oba| F|nanue.2O12 � Best Overall Banlk For Cash Mana8emsnt, NA � Best Banlk ForR|slk Management, IAmsdus � Best Banlkfor L|qu|d|tyMana8emsnt The Asset Tdp|sAAwards, 2O11 11111 R|s|ngStar Cash I Banlk - Aa|a Rsg|on Treasury Managemsnt|ntsmat|ona|.2O12 � Best BanlkCash Management, North Amsdua � Best BanlkCash Managemsnt.South Amsdua Treasury &R|slk.2OOQ-2O11 � #1Pdndpa|Cash I Banlkfor LargeCorponstsa- |ntemat|ona| � #1Pdndpa|Cash I BanlkhorLargeCorponstsa - Un|ted States Grssnw|uhAsaodatsa. 2012 � #1USLarge CorporatsTrsaaury Management - I Psnstnst|on � #1USLargeCorporats Banlk|ng- IPsnstnst|on EIF|nanueTreasury Ssw|usaAwards, 2O12 GesnwIuhAsaou|aba . 2022 � #1USI arge Corporate Treasury I Customer Ssm|usn/ EummonsyCash Mana8emsntSurvey, 2O12 � #1 Lsys| cfComm|tmsntto Cash Management � H-1 Overall C||sntSsm|ue � #1gua|hycfPsrsonns| � #1Access toaUApp||usb|sC|sadngSystsma lDPower and Asaodatsa.2O12 � BanlkcfAmsdusILynuhCorponsteand Commapo|a| Bank|ngCaUQsntaisraoogn|zagfor"Ann Ou�tang|ngCusbmar8arv|oaExpar|anoa^p) (1) |nd|uateaat|s|nth|sranIk|ng (2) For lDPower and Asaodatsa2O12Csrt|fisdCall CsntsrPm87am»m|nfbrmat|on.v|sIt]dpowercorn ll�brthe past thnec,00nsecutive years, werocciwed the U), llowerQua|ity Award, We aiire flie oinUy U.S.baink toneceUve flhUs dUstIlinctIoin.Our Service Centensarc, oerUfiedbylD, PowerandAssooiatesforde|iveringexemp|aryo|ientsatisfaotionexoe||enoe,Toaohieve oedifioation,JUD, Powerand Associates conducted a random survey ofclients. Centers must perform within the top 20 percent in customer s(,,rvic(,,, which is based on bennhnnarkaesLab|iahedin]DPowerand Aaaoniatea'cross-industry customer satisfaction research, Bank of America, N.A. IB. Mlachrncr0s�43 Page 518 of 830 Himil c U ��Prlmce ��Proposal A (Bainklingaiind Meirdliaint Seirvices .......... Coinnlilined) We have provided our ["rice f1roposal If: brrril A in this section. Bank of America, N.A. C.Price,Proposa� �: orrn A Page 519 of 830 Prlmce Proposalummmm B (Bainkling Seirvices) We have provided ["rice f1roposal rsrrrl IIS in this section, Bank of America, N.A. �). Price, Proposa� ��brm �B �� 45 Page 520 of 830 uuuuuuu ummmmlll ��Prlmce ��Proposal �11�11�11U�Illorm C (Meirdliaint Seirvices) We have provided our ["rice f1roposal If: brrr (.' in this section. Bank of America, N.A. Price,Proposa� �:brrn C I� 46 Page 521 of 830 �� NK m�m��.��.��°� �� For review by cUty BankofAnehna.NA (Lhe^Bank.)has pnovdedbebmhsn�&hf�catomsand exceptions with respect tothe QtyofBoca lRaLon (Lhe Tfty") ll?equesL forPropoaa|RFPNo2O13~D3Ofor Bankingand K8ernhantCard Services (^RFP^) P|eaae note that the l3ank operates under various laws and regulations that arc, unique, to the banking industry, Asaresult, the Bankrequires that its TreasuryServices Ternnaand ConditionaBook|et(Lhe^Book|et^).along with anyre|evant account documentation, govern the contemplated services that would be, provided to the City, Such documentation has specific service forms and conditions, contains required disclosures, and sets forth customary rights and responsibilities for the protection ofall parties. The, Bankrea|i7esthat the City may be, required toinclude oertainterms and conditions inthe governing documentation, And, asanexisting client ofthe Bank'the Bankhas successfully worked with the Qty in the past to create an overall agreementthat is mutually acceptable and incorporates the documentation requirernerits of both parties. l he, l3ank is corifiderit that the parties can work together during contract negotiationstooreatesimi|ardooumentationtogovernoontinuingservioes. PairtU 1. Section 1-3 (re" warranty related to gifts BankofAnehma.NA(^E0UNA")iaDart ofaaqgeand dvensifiedinstitution. BankofAmerica Corporation (the Torporabon"), whose shares are DU[Nicly traded, and its subsidiaries, which include EMNA, had 248,156 full-tirre, emp|oyeesasofDeoember31'2O12, l he, Corporation is a global frarichise, serving customers and clients around the world with operations in all 50 US, states, the District ofColumbia, and more, than 40 foreign countries. Accordingly, it is not reasonably practical for the l3ank to perform definitive, duc, diligerice, that sparis the full panoply of departments, associates, principals, and related critities in providing Lhe ll,,ank,'s warrainLy Howemar.tothebeatofitaknowledge, and upon reasonable review, the l3ank warrants that no oric, was paid a fee, commission, gift, or other consideration contingent upon roccipt of an award for the services and/or supplies specified in the llflllP' 2, Seotions1-5' 1-17' 1-18' 1-1.9 and 1-21(ne" bid participation) As mentioned above, the l3ank is part of a large diversified institution and it is not reasonably practical for the l3ank to perform definitive, duedi|igenoeinsubmitting the proposal response, |naddition, emp|oyeesofthe Bankand its affiliates arc, subject to a writterl Code of llthics (Which each employce, on an annual basis, is required to read and aoknow|edgeinwriting)thatrequiresa||emp|oyeestodiso|oseorseekpre-o|earanoeofanyaotionsthatmayposea conflict of interest with the l3ank and its activities in contravention of applicable laws or regulations. Accordingly, the BankintendsthattheProposa|Responseoomp|ywitha|||awsapp|ioab|etonationa|bankingassooiationsinbiddingon the contemplated services. 3, Section 1-1G(re" Code ofEthios/ConeofSi|enoe) BankofAmerioa("Bank")isoommittedtothehigheststandardsofethioa|andprofessiona|oonduot, Emp|oyeesofthe corporation and its affiliates arc, required to take and pass annual compliance training that includes Code of llthics, |nformation Proteotion@ Privacy' and Anti -K3oneyLaundering, TheBank'aCodeofEthimspomideaguide|inesofbusinesspnaotioe'andprofessiona|andpensona|oonduotthata|| associates must adopt and uphold, |n part, the Code of Ethics requires Bankassociates to avoid oonf|ictsorthe appearanoeofoonf|iots,betweenpensona|intenestsandtheintenestsoftheBank'itsshareho|dens,andouroustomens, to avoid misuse, of material, nonpublic information relating tosecurities orother finanoia| instruments, and to promptly Bank of America, N.A. Barikirqg Agreernerit �� 47 Page 522 of 830 report any knowledge or information about l3ank of America associates or agents they suspectofcommitting crimes. |n accordance with the l3ank's Code of llthics, associate's Should not give, or r(,,c(,,iv(,, gifis of money to or from current or prospective customers orsuppliers. ri addition, any contracts or cornmitryients must be, based on objective, business standards toavoid any real orperceived favoritism, However'ifthere, arc, concerns about anindividua|'se|igibi|ityto perform work inconnection with the contract, p|easeoontantStephenLenehan.theCity'an|ientnnanagprvvhovvi|| investigate and respond toyour concerns. 4, Section 1-20 (re" Drug-fneeWorkp|aoe) VVehaveprovdedintheAppendixaoopyofBankofAnehna'aDnugFreeVVorkp|aoepo|ioywhiohispostedonour internal website and included in the Associate Handbook. BankofAmerica strives to provide a safe, productive environmentfor its associates and customers. This includes asafeworkplace, freeofthe problems associated with useand abuse ofillegal drugs and unauthorimed USC' ofalcohol, 5, Section (re" warranty related to i1riancial status, litigation and other matiers) l he l3ank is a large and diversifled institution and is routinely involved in contract disputes and resolution activities, as well as litigation in various state and federal courts. l he l3ank makes all disclosures required by its regulators, including a||nequireddiso|osunesinitsAnnua|RepodsonForm1O-KandQuader|yReportsonForm1O-Q'whiohaneupdatedin Reportson Form G -K' all of which arc, filed with the Securities and Exchange Commission. Such reports include disclosures of material financial and litigation matters as required by federal law and are publicly available. G. Section 1,22 (re" political campaigns) Given the magnitude and SimeOf the Bank,itisunfeasible, t000mmit that during the life, ofthe contract that the Bank will not take, any action, directly or indirectly, reflated to the reforenced activities. However,emp|oyeesofthe Bankand its affiliates arc, subject to a writion Code of llthics (Which each employce, on an annual basis, is required to read and acknowledge, in writing) that requires all employces to disclose or sock pre -clearance of any actions that may pose a conflict ofinterest with the Bankand its activities. And, the Bankintends that nosuch action will impact the quality or level of services and/or products provided to the City under the contemplated contract, 7, Section 1-26 (re" contract renewals) Any exterision of the initial contract will be, upon the mutual consent of the City and the l3arilk PairtUU G. Section 2-2'C18 (re" |iaison) fa keyteam member needsto be changed for any reason, the BankwiU work diligently tofind a suitable replacement, However,any personne|assignments and/or changes, including pronnotiona|deniaiona.nnuatnannainunder theBank'a control. f the City has any concerns regarding a l3ank associate working on the contract, such issues can be, brought to the attention ofStephen Lenehan,your client manager, 9, Section 2-2, lll (re" records) l he l3ank will agree to preserve records in accordance with its standard policies and procedures,which arc, generally maintained for a rolling period of seven years from the date of a transaction, l he City may have access such records upon prior notice, and such access will be |imited to records re|ated to the City and its transactions. sm 1.0, Section 5,3,2, and G (re" litigation, torminated contracts) (sm, response to tern 3 above) Bank of America, N.A. Page 523 of 830 11, Article 1(ne"amendments) Beoauseofthe nature ofthe contemplated banking services, the Bankmay, upon written notice, tothe City, amend the fina|contract byohanging,adding orde|etingany term'condition, servineorfeatunathatapp|ieagpnena|ytotheBank'a oustomensofsimi|arsimeandstruotuneastheQtybeoauseofapp|ioab|epnmisionsof|aworoardassooiationru|es. TheBankwi||useitsbesteffortstoprovidetheQtywithat|east3Odayspriornotioeofsuohohanges",however'the effeotivenessofsuohamendmentswi||notbedependentontheCity'aapprova|, Any other amendment shall require the written approval ofboth parties. 12, Article 5(ne"indemnification) TheBanksuggests that that indemnification provision in the Cfty's ex�bng :l3oddeL be incorporated into new agreement with a monetarycap of $1'000'000 over the life of the contract, 1.3, Article 7 (re" compliance with laws) Toclarify, the Bankissubject to, and isfami|iarwith, all laws, rules and regulations applicable tonational banking associations with respect tothe services that will be, provided tothe City, With respect toany other laws that the City considers applicable to this procurernerit, the l3ank requests that the City inform the l3ank of anysuch laws, ordinances, rule, and regulations so that the l3ank has an opportunity to review the same, and determiric, their applicability, 1.4, Article 10 (re" temninaton) TheBanksuggests thatthattenminatonpnovaionintheCfty'aex�sdngBook|etbe, incorporated into new agreement, Whinh addnaaaeathe Bank'a JghL totenminate without cause and upon the occurrence ofoedain events, as well as the City's paynnentob|igationafo||omingtermination, .IJ: , Article I.I. (re" nondisclosure of information) ri the normal course of business, the l3ank may be, required to redease, cortain information underspecific circumstances, including but not |imited to, bank regulators, legal process and court orders. This information will be re|ease without the prior written consent orapproval of the Qty, 16, Article 13 (re" governing|aw) AJthoughinmostinstanoesthe|awsoftheStateoflllohdawjUgovern,theneaneoertaininstanoesinwhiohfedena||aw will apply, 17, Article 14 (re" political campaigns) (see response to |tern 4above) 1.8, Article 1.5 (re" complete agreement, modifications) Todahfy,theBanKadonunnentatonWUbeDart ofthe:�na|agreement, As noted above,the Bankisconfident that the parties can work together during contract negotiations to create an overall agreernerit that is mutually acceptable and incorporates the documentation requinementsof both parties. (a|sosee response to |tern Q above regarding amendments) 19, Article 1G(ne"assignment) TheBankdoes not anticipate assigning, transforring or convoying any rights, obligations or interest under the resulting contractual agreement between the parties. However,should itbecome, necessary, the Bankr(,,servesthe right to make, these, business decisions in the best interest of all of its clients, and r(,,s(,,rv(,,s the right to do so without oric, or Bank of America, N.A. Page 524 of 830 more client's written consent, Please note that as a federally chartered national banking association, any successor institution must bylaw assume the Bank'arights and responsibilities. This isnot dependentupon aclient's agreement, Additiona||y'theBankgenera||yreservestherighttoassigntoaBankofAmerioaaffi|iatewithoutoonsent�however'the Bankwou|d certainly discuss with the City any potential assignment ofthe contract toanaffi|iateand would stipulate that arly affiliatc, to which the contract is assigned would conform to the forms, conditions and requirements of the contract, 20, Article 1. 7 (re" contingent fecs) (s(,,(,, resporise, to tern 1. above) 21., Article 1.9 (re" ownership of documents) l he l3ank retains sole ownership rights to all its proprietary materials, including without limitation, systerns, technology, software, documentation, products, and processes it develops, improves, and/or modifies in connection with the provision of its services and the conduct of its usual and custornary business. 22, Article 20 (re" persorind) (sm, response to tern 6 above) We have provided a copy of our Deposit Account Agreement and l reasury l orms and Conditions l3ooklet in the Appendix, Bank of America, N.A. Page 525 of 830 �� G��erc��an�� ervices Agreement Foiir review by clity Wc, understand you will bc, participating in the Statc, of lliorida flarticipation Agrecryient, so wc, arc, not providing our exceptions to your proposed orms and Conditions at this tirre, dowever, wc, r(,,s(,,rv(,, the right to provide our exceptions toyour Termsand Conditions ifitisdeterminedata later datethat you arc, not participating inthe StateofF|orida PartioipationAgneement, VVehaveprovided this Agneementinthe Appendix, Bank of America, N.A. G. Merchant Services Agreernerit �� 51 Page 526 of 830 NU� � �ine of Credit ��s and Conditions For review by clity BankofAmehoawou|dconsider a|ineofone]itbased onthe ne|at ionshipestab|ishedbythe Qtywit hthe Bank The arrourit of the hic, of credit would be dctcrryiined lb,,ised on Lhe ll,,ank,'s Mandard underwrIbrigand approval process taking into consideration the firiaricial Condition of the City arld the proposed security pledge, The, |ineofcredit would be, subject to arl annual k"c' determined by the l3ank upon approval and underwriting of the proposed credit facility, A term sheetfor a |ine ofcredit would be issued upon final credit approval. Bank of America, N.A. H. Line of Credit l orms and Conditions �� 52 Page 527 of 830 �� I�� N� NU�osures Please notethat the inform ation contained inthis pro posa| ison|yva|idfor QO(lays from the pro posa| duedate' unless expressly reaffirmed in writing, Some products and/or services offered within this proposal may be, subject to credit approval, Please notethat all corporate card services arc, offered by F|ACard Services, NA' a Bank of America company, Bank of America, N.A. Disclosures �� 53 Page 528 of 830 Appendix � �� VVehave provided the fol owingAppendixitemsinconjunction with theCLyapropoaa|re*ponae:ironnaRanhnnent 2, Signed Addend urns 3, FD|C' Cc, djfioat ion 4, F|oridaPub|ioDeposits Certification 5, K3erohantServices Compliance CerUfioation G, Sample |nsunanoeCertifioates 7, BankofAmerica F|orida Corporate Status G, BusinessTax Reoeipt Q, Drug FneeWorkplace Po|ioy 10, Agreements a, Deposit Account Agreement b, Treasury Temsand Conditions Agreement 11Funds�vai|abi|h��hedu|e 12, Global Liquidity |nvestmentSo|utions FaotSheet 1.3, EN12[lay Overview 2�,Wire TransforOverview 15, CashProOnline Security Fa�� 16, SSNE16Repod 17, K3erohantServices Screen Shots Bank ofAmerica, NJl Appendix ��54 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services Part I — Certification The person(s) signing this Acceptance of Services ("Acceptance") certifies/certify that: a) The person(s) signing the Acceptance is/are an authorized signer of the client entity or entities identified below (each a "Client"). b) Client has accessed and/or received and agrees to be bound by the Service Documentation, as may be further defined in the terms and conditions governing the relevant service, but in all cases includes the following: (1) This General Provisions General Terms Acceptance of Services; (2) The Service Terms for each treasury management service (each, a "Service") utilized by Client now or in the future, which may be found in the Global Transaction Services Terms and Conditions or in Service specific amendments, supplements or addenda; (3) The General Terms attached hereto; (4) User Documentation, which includes any information Bank may make available regarding a Service, including user guides, details about how a Service works, any terms of use for that Service, technical specifications, and software licenses; and as any and all Service Documentation may be amended restated, supplemented, terminated and/or otherwise modified from time to time, for each Service utilized by Client whether as of or after the effective date of the Acceptance, without necessity of execution or delivery of any additional documentation for any such future utilized Service. If there is a conflict among the documents that make up the Service Documentation, the documents will govern in the order set forth above. Service Documentation will govern in the event of a conflict with any Account Agreement, except as applicable law requires otherwise. Service Documentation may be posted in electronic format on a Website provided by Bank (including but not limited to Bank's CashPro® platform and any successor portal or access point). Any terms not defined in this Acceptance will have the meaning given to them in the Global Transaction Services Terms and Conditions. c) All information provided to Bank regarding the beneficial ownership of the Client is, to the best of each Client's knowledge, complete and correct, and to the extent it is not or becomes outdated, each Client agrees to provide Bank with updated information as required by law. d) Client has taken all action required by its organizational or constituent documents to grant each person(s) signing this Acceptance the authority on Client's behalf to (i) execute this Acceptance, (ii) add or delete Services, (iii) enter into other agreements or execute documents that Bank may require for Services Bank offers, (iv) agree to amend, terminate or otherwise act on behalf of Client with respect to this Acceptance and the Service Documentation entered into by execution of this Acceptance; (v) enter into all transactions related to the utilized Services, including but not limited to giving the Bank instructions regarding Electronic Funds Transfer Services; and (vi) designating other individuals to act in the name and on behalf of Client. Client will produce such organizational or constituent documents upon request. Part II — Electronic Signatures Electronic signatures. All persons authorized to execute agreements and instructions on behalf of Client or Bank may do so electronically, at the Bank's option, and in such form and according to such processes and procedures as Bank may specify. Client agrees that each agreement or instruction executed electronically will be fully enforceable and may be relied upon by Bank as if it had been otherwise executed on paper by manual signature. Electronic Communication. Client agrees that subject to applicable law, Bank may communicate with Client electronically and provide Client with, or make accessible, any or all of the Service Documentation (and any amendments, modification or supplements to such documents) electronically. Client's agreement may be evidenced using a technical process, including the following: a) an electronic image file(s), e.g., in PDF format, containing a manuscript signature; b) an electronic signature protocol; c) click to accept functionality; d) an email exchange in which Client expresses agreement; and/or e) an approval by Client through the Bank's CashPro® platform or third -party electronic platform utilized by Client and Bank. Part III — Delegation of Authority ADDITIONAL AUTHORITY DELEGATED TO SPECIFIC INDIVIDUALS Client hereby grants authority to sign documents, accept amendments and setup and/or modify Services on behalf of Client to each person with the below specified title or each person below specified by name, regardless of title. To Grant Authority to Specific Individual(s): Name Service Entity Signature 00-35-532ONSBW 05-1-2020 AK Page 1 of 23 Bank of America — Confidential ©2020 BankPfagace53,QR4i,830 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services CASHPROO Client has granted the person(s) signing this Acceptance the authority on Client's behalf to identify and delegate authority to its CashPro® Primary Administrators. Client is authorizing each person listed in this section to identify the users of Services and control the scope of any user's access to Services (including but not limited to setting up entitlements, completion of setup forms and any subsequent amendments and the initiation or approval of payment transactions) on Client's behalf. This authorization includes that ability of the Primary Administrator to designate himself or herself, or to designate others, any of whom may be authorized to initiate, amend, cancel, confirm or verify the authenticity of instructions to the Bank for Services, whether given orally, electronically or by facsimile instructions, and to revoke any authorization granted to any such person. It is understood, however, that each and any such instruction to the Bank (even when the same is manually inserted and/or released by any user) shall be regarded as being given directly by the person(s) signing this Acceptance or, as applicable, other relevant authorized signatory or signatories in respect of Client's account(s), as the person(s) solely acting in the name and on behalf of the Client with respect to the relevant transaction; The Bank is entitled to rely upon this delegation in its provision of Services until written notice of its revocation is received by the Bank and the Bank has had a reasonable opportunity to act thereon. CashPro® Primary Administrators (for CashPro IDs with which Client is associated), listed below and added in the future (or current Primary Administrators, if such exist), unless otherwise indicated, may also be responsible for various electronic onboarding activities, including but not limited to the receipt and processing of important updates to this document or the Service Documentation that may be communicated from time to time. E-mail Address For Legal Notices to All Clients Named Above: CASHPRO USER ADMINISTRATION SECURITY— Please select one DESIGNATION OF CASHPRO PRIMARY ADMINISTRATORS Primary Administrator #1 Dual Administration with Token - One of the primary administrators will create user abilities and set entitlements within ❑ CashPro. The second administrator will review and approve before the abilities and/or entitlements take effect. The second administrator approving such an administrative action will be prompted to enter the token one time password. ❑ Dual Administration— One of the primary administrators will create user abilities and set entitlements within CashPro. The second administrator will review and approve before the abilities and/or entitlements take effect. Single Administration with Token — If Client selects this option, Client agrees that it authorizes this person or any ❑ subsequently identified Primary Administrators to act alone. Bank approval may be required prior to selection. Client may be require to sign Dual Administration Waiver or Security Procedure Modification Agreement. DESIGNATION OF CASHPRO PRIMARY ADMINISTRATORS Primary Administrator #1 Name: Postal Code: Phone: Mobile #: Email: Fax#: Business Address: City. State/Province: Country: Primary Administrator #2 Name: Postal Code: Phone: Mobile #: Email: Fax#: Business Address: City. State/Province: Country: SECURITY PROCEDURES WITHIN THE CASHPRO PORTAL 1. Strong Authentication Upon Login — Companies configured for strong authentication upon login require all Users to be prompted to authenticate using a token one time password when logging in to CashPro Online. a. Select below: ❑ YES ❑ NO b. PLEASE NOTE: Certain jurisdictions mandate by law the use of strong authentication. If a user has access to an account in such a jurisdiction, strong authentication upon login will be required for that user, regardless of the selection above. 00-35-532ONSBW 05-1-2020 AK Page 2 of 23 Bank of America — Confidential©2020EPaa@e 5.1.10 General Provisions General Terms Acceptance of Services 2. Strong Authentication Accessing Applications —Companies that choose not to be configured for strong authentication upon login may be required to use strong authentication when accessing certain high risk applications, as determined by Bank. 3. Strong Authentication Approving Transactions — Several applications require additional authentication (token one time password or e -signature) to release or approve a transaction, regardless of company's strong authentication upon login configuration. Part IV — Signature and Effective Date Address for Bank Notices: Bank of America, N.A., Documentation Management (CA4-706-04-07) P.O. Box 27128, Concord, CA 94527-9904, Fax(925)675-7131 Select One: ❑ New ❑ Supersede Existing T&C Agreement CLIENT ENTITY LEGAL NAME (Must match legal name of entity indicated in company formation documents) [ENTER PARENT CLIENT NAME] DATE: 1st Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) 1st Authorized Officer's Name: Title DATE: 2nd Authorized Officer's Signature: (Must match Banking Resolution or Formation Documents) 2nd Authorized Officer's Name: Title 00-35-5320NSBW 05-1-2020 AK Page 3 of 23 Bank of America - Confidential ©2020Raager,5.12co1 General Provisions General Terms Acceptance of Services Attestation to the General Provisions General Terms Acceptance of Services the undersigned certify that each person signing the Acceptance of Services ("Acceptance") for Client is authorized to accept and execute the Acceptance on behalf of Client. Further, including through the use of electronic signatures, each such person has the authority to (i) accept and execute all banking agreements related to the Services provided under the Acceptance and related Service Documentation, (ii) execute and deliver all related forms, and (iii) provide and authorize all related instructions. I further certify that I have full authority to execute this attestation on behalf of Client. The Bank is entitled to rely upon this attestation until written notice of its revocation is delivered to the Bank. Date Client Name (Certifying signature) (Certifying Name) (Certifying Title) 00-35-532ONSBW 05-1-2020 AK Page 4 of 23 Bank of America - Confidential ©2020Ra9er5.13CO� General Provisions General Terms Acceptance of Services GLOBAL TRANSACTION SERVICES TERMS & CONDITIONS The Global Transaction Services Terms and Conditions (the General Terms and Conditions, the Service Terms and the Glossary — collectively, the "T&C") together with the other Service Documentation form the agreement between Bank of America Corporation subsidiary banks (Bank of America, N.A. along with any other affiliates or subsidiaries of Bank of America Corporation listed on the List of Banks, hereinafter "Bank," "we," "us," "our") and the entity/entities that signed the Acceptance of Services (hereinafter "Client," "you," "your") for the provision of global transaction services ("Service(s)"). GENERAL TERMS AND CONDITIONS ("GENERAL TERMS") A. General Matters 1. Agreement By Client's execution of the Acceptance of Services, Client agrees to be bound by the T&C and the other Service Documentation, which together form the agreement between Bank and Client with respect to the Services described. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties and supersedes and extinguishes all prior agreements related to the subject matter covered by this agreement. There are no unwritten oral agreements between the parties. Current User Documentation is available upon request. Except to the extent access to any Website associated with a Service requires an agreement with athird party that is distinct from the Service Documentation, the Service Documentation constitutes and represents the entire agreement between Bank and Client regarding the Services Bank provides anywhere in the world and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of any nature. 2. Incorporation of General Terms Each and every provision in this General Terms and Conditions section applies to each Service section and each amendment, supplement, addendum, change or update to the T&C without specifically reiterating each provision in each Service section. 3. General Obligations a. Performance Bank is responsible for performing the Services that Bank agrees to provide from time to time and as set out in the Service Terms and in the Service Documentation. Bank may contract with an outside vendor in providing any of these Services. b. Assistance With respect to any Service, Bank will provide assistance by telephone at the numbers and during the hours specified in writing from time to time or Bank may direct Client to a Website, such as CashPro® Service Center (or any successor Website), for assistance. c. Use of Services Client agrees to use all Services and to conduct transactions in accordance with applicable laws, rules, enactments, regulations, regulatory policies, regulatory guidelines, industry codes, regulatory permits and regulatory licenses, in each case which are in force and as amended or superseded from time to time, including but not limited to all applicable economic orfinancial sanctions laws and regulations, including those imposed and enforced by the United States, European Union, United Kingdom and United Nations; such laws and regulations contain prohibitions regarding banking transactions involving certain countries or jurisdictions. Client agrees that it is complies with all applicable laws, including laws that may require licensing or registration with a governmental authority. Client is responsible for ensuring that its use of a Service is in accordance with the applicable User Documentation and Materials, if any, for that Service. The terms contained in the Service Documentation are not intended to conflict with and will not override any legal or regulatory requirements to which the Bank is subject. If there is a conflict between the Service Documentation and applicable law, Bank shall be entitled to take, or omit to take, any action it considers necessary to comply with such applicable law, and such action or omission will not constitute a breach of Bank's obligations under the Service Documentation and such action or omission will be binding on Client. d. Authorized Persons Client must provide Bank with a list, in a manner and form acceptable to Bank, of authorized persons who may perform certain duties in connection with each specific Service, and it is Client's responsibility to update the list as necessary to reflect any changes. 00-35-5320NSBW 05-1-2020 AK Page 5 of 23 Bank of America — Confidential ©2020Raagen534co1 General Provisions General Terms Acceptance of Services e. Collected and Available Funds Client must not issue any payments, initiate transactions or use any Service in a way which would cause its account balance to be exceeded (overdraft), and Client must ensure that Collected and Available Funds sufficient to cover the total of all payments or transactions issued are on deposit in its account each Business Day. In the event that sufficient funds are not available at the time of settlement, Bank may decline to process transactions without liability to Client or its payees. If Bank, in its sole discretion, allows an overdraft to occur in Client's account, repayment is immediately due and payable without notice or demand or asset out in the applicable Account Agreement. In such cases, the fact that Bank previously allowed an overdraft does not waive any Bank right and does not obligate Bank to any overdraft in the future. Additional terms and conditions contained in the Account Agreement may apply. If sufficient funds are not available, Bank is not obligated to process any transactions, even if Bank has done so in the past, without having first been paid by Client. f. Provisional Credit For certain Services, Bank may provide provisional credit to Client which is subject to later verification by Bank. Bank may reimburse itself for any provisional credit that it makes available to Client out of any Client Deposit Account. Client will pay Bank immediately for transactions or returned or rejected items which Bank previously credited to Client's account, and authorizes Bank to debit Client's Deposit Account accordingly. Such amounts will be immediately due and payable without notice. g. Data Back Up Client is responsible for maintaining the security of Client held data and ensuring that it is adequately backed -up. Bank is not responsible for your loss of your data. h. Regulatory Assistance. Client agrees to cooperate with Bank fully to facilitate Bank's adherence to guidance provided by any regulatory body, including, but not limited to, the Office of the Comptroller of the Currency ("OCC"). 4. Governing Law Except as otherwise expressly provided in the Service Documentation or the Services portion of this T&C for a particular Service, or as required by law, with respectto each Service, the Service Documentation is governed by and interpreted according to the law of the State of New York, without reference to principles of conflicts of law other than those applying the substantive law of New York, subject to any supervening United States federal law, rule or regulation applicable to a national banking institution. 5. Resolution of Disputes; Service of Process Arbitration. Except as otherwise expressly provided in the Service Documentation or the T&C as it relates to a particular Service, any dispute, controversy or claim arising out of or relating to Services or Service Documentation will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules (an "Arbitration"). The place and seat of Arbitration will be the Borough of Manhattan, New York, New York, and the language to be used in the arbitral proceedings will be English. Either party may exercise self-help remedies or obtain provisional or ancillary remedies from a court at any time, even while the arbitration is pending. By exercising or obtaining any such remedies, neither party waives any rights it may otherwise have. Client agrees that it will not commence any action, litigation or proceeding against Bank in any way related to the Services, Service Documentation or related transactions in any forum other than the seat or courts set out in this section. Each party waives the defense of inconvenient forum, and waives any objection that it may now or hereafter have to the seat for arbitration or venue for litigation set forth in this section (I.A.5). Nothing in this T&C shall affect any right that Bank may otherwise have to bring any action, litigation or proceeding relating to the terms and conditions of this T&C applicable to the Services or the transactions relating thereto against Client or its assets in the courts of any jurisdiction. Exception for Electronic Funds Transfers. Notwithstanding the preceding paragraph, any dispute or controversy that arises from an Electronic Funds Transfer Service may be brought in the courts of the State of New York sitting in New York County and the United States District Court of the Southern District of New York, and each party submits to the jurisdiction of such courts. Each party waives, to the fullest extent permitted by applicable law, any right to a trial by jury. Service of Process. Upon Bank's request, Client must appoint an agent for service of process in the United States of America within 14 days of receipt of Bank's request, and it agrees that any writ, summons, order, judgment or other document relating to or in conjunction with any proceeding, suit or action may be served on it in the United States of America. Client agrees that failure by an agent for service of process to notify Client of the process will not invalidate the proceedings concerned. If the process agent appointed is unable for any reason to act as agent for service of process, Client shall promptly (and in any event within 5 calendar days of such event taking place) appoint another agent on terms acceptable to Bank. 00-35-5320NSBW 05-1-2020 AK Page 6 of 23 Bank of America — Confidential ©2020EPaa@en5WC91 General Provisions General Terms Acceptance of Services 6. Notice of Account Statement Discrepancies Client may receive notices, advices or reports that are produced by a Service and/or through the use of other Services provided by Bank to Client. Client must send Bank written notice, with a statement of relevant facts, within 14 days after receipt of the first n otice, advice or report indicating a discrepancy between Bank records and Client records. If Client fails to give the required notice, Bank will not be responsible for any loss of interest or cost relating to any discrepancy reflected in the notice, advice or report. In the event of a conflict between Bank records and Client records, absent manifest error, Bank records will control. 7. Severability; No Waiver If any provision of the Service Documentation or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of the Service Documentation, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, is not impaired or otherwise affected and continues to be valid and enforceable to the fullest extent permitted by law. No delay or failure to exercise any right or remedy under the Service Documentation is deemed to be a waiver of such right or remedy. No waiver of a single breach or default under the Service Documentation is a waiver of any other breach or default. Any waiver under the Service Documentation must be in writing. 8. Changes to a Service or Service Documentation Client may request Bank at any time to change the processing instructions for any Service, provided such request is in writing or in an otherwise agreed upon form for communicating such requests. Bank is not obligated to implement any requested changes until it has had a reasonable opportunity to act upon them. In making changes, Bank is entitled to rely on requests purporting to be from Client. For certain changes, Bank may require that requests be in writing, in a form and manner acceptable to Bank, and be from an authorized person designated by Client. In addition, certain requests for changes may be subject to Bank's approval. Bank may change, add or delete any of the terms and conditions applicable to any or all Services at any time. Bank generally will try to inform Client of the nature of any material changes prior to the effective date of the change. Bank will make the updated terms available on the Website or through other means Bank communicates to Client. Client agrees that, by continuing to use any Service after amendments, variances, supplements or substitutions (collectively "Change(s)") to this Service Documentation have been posted on the Website, such Change(s) are effective when posted for Services provided after that date, whether or not Client accesses the Website or otherwise receives actual notice of the Change(s). Bank may, in its sole discretion, discontinue a Service and subsequently remove such written Service terms from the current version of this T&C. If Client is allowed to continue using the Service despite this change, absent another agreement Client will continue to be bound by the prior (and subsequently deleted) Service Documentation applicable to that Service. 9. Suspension and Termination If at any time Bank believes (i) thatthe provision of any Service to Client may create a risk of financial loss for Bank or result in an unacceptable credit exposure, or (ii) that an account associated with any Service may be subject to irregular, unauthorized, fraudulent or illegal activity, Bank may, in its sole discretion, immediately, without prior notice to you, suspend or modify the provision of any such Service until such time that risk, exposure, or activity is eliminated or otherwise resolved, notwithstanding anything to the contrary in the Service Documentation. Either party may terminate any or all Services upon 30 calendar days prior Notice to the other party. Notwithstanding the foregoing sentence, Bank may terminate any or all Services effective immediately, and Bank will send Bank Notice (as defined in the Communications section below) of the termination, if any of the following occurs on the part of Client: • Breach any of the terms and conditions in the Service Documentation or any other agreement with Bank; • Termination, liquidation or dissolution or disposal of a substantial portion of assets; • Failure generally to pay debts as they become due; • Voluntary or involuntary bankruptcy, insolvency, reorganization or other similar proceeding; • Initiation of any composition with creditors. • Material adverse change in financial condition or ability to perform obligations; • Any guaranty of obligations terminates, is revoked or its validity is contested by the guarantor, or any of the events set forth in the above five bullet points occur to the guarantor; ■ The account necessary to provide any Service is closed; or • The Client failed to use the Service for a significant period of time, the time period of which the Bank shall determine in its sole reasonable discretion, and that such failure to use constituted dormancy of the Service. If a Service Client is using is terminated for any reason, Client will do the following: • Immediately stop using any Materials relating to the terminated Service. • Erase or delete any Software relating to the terminated Service. • At Bank's option, either return or destroy all Materials relating to the terminated Service and certify that Client has done so. These obligations continue after a Service has been terminated. Absent a written agreement otherwise, termination does not release Bank or Client from any respective obligations which arose or became effective before such termination including payment obligations for Services provided before termination, and any such termination is in addition to Bank's other rights under applicable law and under the terms of the Service 00-35-532ONSBW 05-1-2020 AK Page 7 of 23 Bank of America — Confidential ©2020Ra9en5rWCO1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services Documentation. Upon termination, all amounts owed become immediately due and payable. Also, termination of any Service does not release Bank or Client from any respective obligations which arose or became effective before such termination. 10. Provision of Information To assist in the establishment and maintenance of overdraft limits, any payment instructions and any electronic access to the Services, and to assist in Bank's compliance with any applicable laws, rules and regulations and for any other purpose Bank deems necessary, Client will provide any information Bank reasonably requests, including but not limited to, financial information and identification information and documentation about Client and its employees and any Client authorized representatives who conduct transactions on Client's behalf. 11. Assignment The Service Documentation is binding upon each of Bank and Client's respective successors and permitted assigns or transferees. Client may, with Bank's prior written consent, assign any of its rights or duties described in the Service Documentation. The Service Documentation is not for the benefit of any other person, and no other person has any right under this Service Documentation against Bank, and nothing contained in the Service Documentation creates any agency, fiduciary, joint venture or partnership relationship between Bank and Client. Client agrees that the Service Documentation constitutes an agreement under the Uniform Electronic Transactions Act pursuant to applicable state law. Bank may freely transfer or assign any or all of its rights or obligations under the Service Documentation at any time. 12. Service Names Any Service name referenced in the Service Documentation may be changed by Bank at any time without notice. 13. Covered Services Client is subject to the portion of the Service Documentation that covers the Services it utilizes. 14. Counterparts Agreement to the Service Documentation may be executed in as many counterparts as necessary or convenient, including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically, each of which, when so executed (and any copy of an executed counterpart that is an electronic record), shall be deemed to be an original, and all of which when taken together shall constitute one and the same Agreement. Delivery of a manually executed paper counterpart of this Agreement (or of any agreement or document required by this Agreement and any amendment to this Agreement) by facsimile or other electronic imaging means (e.g., "pdf' or "tif') shall be as effective as delivery of such manually executed paper counterpart of this Agreement; provided, however, that the facsimile or other electronic image shall be promptly followed by a manually executed paper original if required by the Bank, but the failure to do so shall not affect the validity, enforceability or binding effect of this Agreement. 15. Positive Pay Through the use of analyzed demand Deposit Accounts, Client may have access to Positive Pay services, which have been made available to Client and are an effective means of detecting and preventing check fraud losses. Bank recommends that Client use all available Positive Pay services with all Client's disbursement accounts held at the Bank to help to prevent fraud losses. For all present and future disbursement accounts opened by Client at the Bank, including accounts in the name of all subsidiaries and affiliates, if Client fails to implement these services but continues to use analyzed or non -analyzed disbursement accounts, Client's continued use constitutes its agreement that Client has elected not to use the Positive Pay services offered by the Bank and will bear any resulting fraud losses that would have otherwise been prevented by proper use of available Positive Pay Services (Positive Pay, Teller Positive Pay, Payee Positive Pay and ACH Positive Pay). Client's use of Positive Pay Services does not impute Bank liability for fraud losses, not prevented. Client agrees to implement a program to help safeguard its business againstfraud and that such program will take into consideration the following steps: 00-35-532ONSBW 05-1-2020 AK Page 8 of 23 Bank of America — Confidential©2020Raager,5r.17co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services • Regular account reconciliation on a timely basis; • Conversion of as many payments as possible to an electronic format; • Implementing ACH Blocks, Authorizations or ACH Positive Pay to help protect all your paper disbursement accounts; • Use of Check Positive Pay, Teller Positive Pay and Payee Positive Pay service on all paper -only disbursement accounts and review of positive pay exceptions daily to respond to the Bank by the published cutoff time; • Establishment of CashPro® Online notifications available with the Check and ACH Positive Pay services; Use of dual approval features to help separate user duties and strengthen Client's internal processes; • Frequent, unannounced audits of Client's check stock and electronic payment system. • Check writing policies designed to prevent internal and external fraud, including but not limited to: o Centralized check -writing functionality and limited access to check stock and signature plates, o Use of check stock with fraud prevention security features, o Maintenance of a log of access to check stock and signature plates; o Physical security and dual control of blank check stock and facsimile signature plates, o A limited number of signatures, and immediate Bank notification of changes in signing authorization, o Separate check writing and account reconcilement functions. • Maintenance of a separate account for large dollar payments and a separate account for manual check issuance with a maximum dollar limitation; and • A comprehensive disbursement outsourcing service. These steps are not meant to substitute for internal procedures that are appropriate for Client. B. Communications "Communications" means all notices (including Bank Notice(s) as defined in the Notices section below), periodic statements, disclosures, agreements, Internal Revenue Service forms, and all other documents and communications related to any products, Services or accounts offered, or made accessible, by Bank. "Client Email" means the email address designated by the Client through any means acceptable to Bank. 1. Consent to Electronic Communication Client and Bank agree that electronic communication is an accepted form of communication and Client consents to the communication and delivery of Communications through the Website or any other electronic means, which may include electronic mail, Cash Pro® Assistant, SWIFT, Host to Host (H2H) or Application Programming Interface (API). Electronic communications include methods of conveying messages through technology having electronic, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Bank is authorized, but not obliged, to rely upon and act in accordance with any such communication received by Bank (including but not limited to secure email or through the Website) purporting to be a communication given on Client's behalf by an Authorized Officer or Authorized Officers without inquiry on Bank's part as to the source of the communication or the identity of the person making or purporting to make such communication and regardless of the circumstances prevailing at the time of such communication. An "Authorized Office' means in relation to any matter the person or persons who, according to an authorization lodged with Bank, are empowered to act on behalf of Client in relation to that matter or any other person(s) that Bank reasonably believes is acting on behalf of Client in relation to that matter. Client must notify the Bank of any change to electronic mail address(es) or any other such information supplied by Client. 2. Electronic Records and Signatures At Bank's discretion, electronic records and signatures may be used for the execution of this T&C (via the Acceptance of Services) and all agreements, documents and notices related to the Service Documentation, Services and/or the transactions relating thereto. If executed electronically by one or more parties to this Agreement, this Agreement or one or more of its signed counterparts is an electronic record and Client agrees that such electronic record is as legally valid and enforceable as if it had been executed on paper by manual signature. All electronic communications will constitute a "writing," such that any reference to a "writing" or "written" in this T&C will include electronic communications. Client agrees that all references to a signature may include electronic, digital, facsimile or stamp signatures. Any communications from a party using such party's identifications and passwords shall be binding on such party. Client hereby waives any claim or defense that the offers, acceptances, contracts and other communications are not binding or enforceable or do not have their intended effect as a result of being communicated electronically rather than in writing. 3. Notices Unless otherwise provided in the Service Documentation or as required by applicable law, any Communication or notice by Bankto Client in connection with the Service or this Service Documentation ("Bank Notice") may be: (a) mailed, faxed or sent by electronic means (including email or hyperlink) (as described below, "Electronic Delivery") to Client, using the details given by Client when Client opened an account or agreed to the Service Documentation, or any other address or details subsequently communicated by Client to Bank; (b) included with or on Client's analysis statement or Deposit Account statement; or (c) made available through CashPro® Online (or any successor application) and/or any other Website. When providing Bank Notice, Bank may specify that the content of the Bank Notice is available on a Website or by contacting an account representative. Bank Notice 00-35-5320NSBW 05-1-2020 AK Page 9 of 23 Bank of America — Confidential ©2020Rar 9en5WCO6 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services is effective upon the earlier of the date the Bank Notice is made available to Client on a Website, mailed to Client via post or electronic means, or upon receipt, where confirmation of such receipt has been requested. A Bank Notice that is returned is effective upon the earlier of the date it is made available to Client on a Website or mailed to Client's last known physical or email address. 4. Electronic Delivery Client agrees that Bank may send any Communication to Client electronically. All electronic communications will constitute a "writing," such that any reference to a "writing" or "written" in this T&C will include electronic communications. Client agrees that all references to a signature may include electronic, digital, facsimile or stamp signatures. Bank may, at its option, send a Communication to Client by (i) email sent to Client Email; (ii) sending notification to Client by mail or email to the Client Email that the Communication has been posted to a designated Website; (iii) to the extent permissible by law, posting to an agreed-upon Website or online portal or platform; or (iv) any other agreed-upon method of electronic delivery. The Communications the Bank may deliver electronically include tax forms and reports ("Tax Documents") relevant to the Client's accounts and Services. The Bank may make certain Tax Documents available electronically for the Client to review and download or print for a limited time. Currently, such period of time for most Tax Documents is from January 31st or February 15th, as applicable, of the relevant year until October 15th of such year. Bank may, at its option, conduct any part of a transaction or deliver any Communication to Client on paper. 5. Unencrypted Emails; Facsimile Transmissions If Client uses unencrypted electronic mail to communicate with Bank, Client bears the riskthat such electronic mail may be corrupted, modified, garbled or hacked or its confidentiality may be breached by a third party prior to the time such electronic mai I arrives at the Bank, and the risk that Bank will rely on such mail, which appears to be from Client but which is unauthorized, and that such reliance may result in a loss. In addition, Client agrees that Bank may rely on the integrity of facsimile transmissions that Client sends, and Client bears the risk that the information Bank receives differs from that sent to Bank, and that Bank's reliance on such transmission may result in a loss. 6. Instructions Where available, and except as otherwise provided in the Service Documentation with respect to compliance with any applicable Security Procedure, Client authorizes Bank to rely (but Bank is not bound by or required to act) on any telephone, electronic mail, SWIFT message (authenticated or otherwise), H2H, API, Website (including but not limited to Cash Pro(@ Assistant) or other electronically communicated instructions or such other process or means of communication as may be agreed and established between Bank and Client in writing from time to time which are or purport to be (whether by reason of forgery, misrepresentation or otherwise) given by or on behalf of Client, regardless of the circumstances prevailing at that time, subject to the authorities delegated by the Client in the list of authorized persons. Client agrees that Bank will not be liable for any losses or damages that Client may suffer or incur in relation to the Accounts or Services if Bank acts in good faith believing such person to be an authorized person or such instruction to be genuine. Where Bank acts in accordance with this section (Instructions), Client agrees to indemnify Bank from and against any and all losses, claims, actions, proceedings, judgments, orders, liabilities, demands, damages, costs an d expenses (including without limitation, legal fees and allocated costs for in-house legal services) (collectively "Damages") incurred or sustained by us of whatever nature and howsoever arising except in the event such Damages are directly caused by Bank's fraud, gross negligence or willful misconduct. This indemnity will survive the termination of the Agreement without limit in time. 7. Physical Copies The Bank will not provide physical copies of Communications executed or delivered electronically. Client may obtain a paper copy of a Communication by printing it or by requesting that the Bank send a physical copy. To request a paper copy, Client may contact its Bank representative, and may be assessed a fee, in accordance with law. 00-35-5320NSBW 05-1-2020 AK Page 10 of 23 Bank of America — Confidential©2020Rar 9en5u.19061� General Provisions General Terms Acceptance of Services 8. Withdrawal of Consent The Bank may, in its sole discretion and without notice, discontinue the use of electronic records and signatures in its transactions with Client and may terminate or change the terms and conditions pursuant to which the Bank provides such services. 9. Hardware and Software Requirements Each Client is responsible for installation, maintenance, and operation of its own computer, browser and software, which includes a Compatible Version of a web browser, access to the Client Email, computer storage space to save Communications, a printer to print Communications, and a computer or mobile device with internet or mobile connectivity utilizing a Compatible Version of an operating system capable of supporting all of the foregoing requirements. "Compatible Version" means a version of the software that supports access to the Bank's Website and other approved access channels. 10. Recordings Client agrees that Bank may electronically monitor and/or record any telephone communications with Client or its representatives in those countries orjurisdictions which permit that practice. Client agrees to procure a similar agreement from each of its representatives, as applicable. 11. Facsimile and Other Non -Written Signatures Client may wish to use a facsimile, stamp, digital or electronic signature (each a "Non -Written Signature") for its convenience. If Client chooses to use a Non -Written Signature, Bank may require Client to provide Bank in advance with a specimen Non -Written Signature of each authorized person and/or Client must execute additional documentation. Bank will not be liable to Client if a facsimile device, or other device used to affix Client's Non - Written Signature was unauthorized. Client is responsible for any withdrawal from its account based on a Non -Written Signature that bears or appears to Bank to bear Client's Non -Written Signature, regardless of by whom or by what means the Non -Written Signature was placed on the document, contract or Item. If Client chooses to use a Non -Written Signature on a check, draft or other order for the payment of money drawn on Customer Account (an "Item"), Client is responsible, and Bank may pay a withdrawal and debit Client's account for any such withdrawal, even if (i) Client has not presented Bank with a specimen signature; (ii) the size, color or style of the item is different from that of items normally used; or (iii) the size, color or style of the Non -Written Signature differs from the Non -Written Signature specimen Client provided. Client agrees to compensate Bank for all losses, claims, damages or expenses, including reasonable attorneys' fees that result from Bank's payment of a withdrawal bearing a Non -Written Signature that resembles either the specimen or other Non -Written Signatures provided by Client. Client is responsible for taking security measures and implementing procedures to prevent the forgery, theft or fraudulent or unauthorized use of its Non -Written Signatures. C. Terms of Use Bank may make certain Services available via one or more Websites, including Bank's CashPro® Online portal (or any successor or subsequent access channel(s). This section applies to all Software Bank provides to Client, unless a separate license agreement is provided for specific Software (including any "click -wrap" Software license Client may receive by downloading from a Website), as well as the use of any Website. In addition to any other terms and conditions applicable to the use of Software or Website, Client agrees as follows to these terms of use: 1. Access and Use of Software and/or the Website a. Bank hereby grants Client a non -transferable, non-exclusive, revocable and limited right to access and use Software and/or the Website in accordance with the terms and conditions of the Service Documentation and any other applicable documentation between Client and Bank. b. Client's right to access and use Software and/or the Website will terminate upon the occurrence of any one of the following events: (i) the relationship between Client and Bank is terminated for any reason; (ii) the Service for which client is using the Software and/or Website is terminated; (iii) Client breaches any of the terms of this Terms of Use section; (iv) Client attempts to use the Software and/or Website and/or any Service in an illegal or unauthorized manner, including in contravention of these Terms of Use; (v) if, for whatever reason, Bank ceases to be entitled or permitted to grant to Client the right to access and use the Software and/or Website, or (vi) lengthy non-use of or access to the Website, which in the Bank's discretion constitutes abandonment. c. Bank reserves the right to suspend Client's access to, and use of, the Software and/or Website upon notice to Client of a violation of any of the terms and conditions of these Terms of Use. In addition, Bank may suspend Client's access to, and/or use of, the Software and/or Website immediately without notice where such action may be required to prevent interference with or disruption to Services to Bank's or its affiliates' other customers, to protect the integrity of Bank's or its affiliates' systems, or as may be required by law or regulation. d. Client and its employees and agents will follow all of Bank's instructions concerning the access to and use of the Software and/or Website. Client is solely responsible for any and all acts and omissions that occur under its account or password. Client agrees not to engage in, and will ensure that its employees and agents do not engage in, unacceptable use of the Software and/or Website, including but not limited to the following activities: (1) creating a false identity or otherwise attempting to mislead any person as to client's identity or the origin of any communication transmitted through the Website; (2) authorizing or attempting to authorize activities for which Client does not have full authority to conduct such activities; (3) disseminating or transmitting any materials or messages that do not pertain to the intended use of the Website or that contain anything that is obscene, defamatory, harassing, offensive or malicious; (4) disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the intellectual property right of any person or entity; (5) interfering with, disrupting, or attempting to gain unauthorized access to information or other accounts through the Website hosted by Bank or any of its affiliates; or (6) attempting to copy, modify, or reverse engineer the Website. Bank may rely on the instructions of any users that Client authorizes to access and use the Website (the "authorized users"), and Bank will have no liability for following any such instruction. Client is responsible for all actions taken or purportedly taken by any authorized user with regard to the Software and/or Website. 2. Intellectual Property Rights 00-35-5320NSBW 05-1-2020 AK Page 11 of 23 Bank of America — Confidential ©2020Raagen540co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services The Software and/or Website, its source code and all copyright, patent, trademark, trade secret and any and all other rights (collectively, "Intellectual Property Rights") in the Software and/or Website are and will remain the exclusive property of Bank, its affiliates or their respective licensors. Client acknowledges that this T&C does not convey or grant any Intellectual Property Rights or other proprietary right to Client, except for the rights specifically granted under these Terms of Use. 3. Infringement Protection a. Notwithstanding Client's indemnity of Bank in the Protection from Third Parties section of this T&C and except as otherwise provided in this T&C, Bank will defend or settle at its own expense any action brought against Client to the extent it is based on a third party claim that Client's proper use of the Bank's Software and/or Bank's Website infringes any Berne Convention country copyright or any United States of America or United Kingdom patent, trade secret or trademark of any third party, Bank will pay all costs and damages finally awarded in any such action. b. Bank's obligations under this Infringement Protection section are subject to (1) prompt notice from Client of any such claim or action; (2) Client's not having made any admission of liability or agreed to any settlement or compromise, (3) Client's providing to Bank, in a prompt and timely manner, the documents, information and assistance Bank reasonably requests; (4) Bank's having sole control of defending such claim or action; (5) Client's having used the current version of the Software and/or Website, as provided to Client by Bank, in compliance with the Service Documentation; (6) Client's using the Software and/or Website only in the manner for which it was designed; (7) Client's not modifying the Software and/or Website; (8) Client's not incorporating the Software and/or Website with services not approved by Bank; and (9) any such claim or actions not being due to Client's fraud, negligence or willful misconduct. 4. Limitations/Disclaimers a. Client acknowledges that the Software and/or Website has not been produced to meet Client specific requirements and has not been tested in every possible combination and operating environment. Client is responsible for satisfying itself that the Software and/orWebsite is satisfactory for its purposes. b. Client acknowledges and agrees that the operation of the Software and/or Website may not be uninterrupted or error -free and that the Software and/or Website is provided on an "AS IS" and "AS AVAILABLE" basis. 5. Updates Bank may provide upgrades or new releases of the Software and/or Website that Bank makes generally available to its other customers to whom Bank provides the Software and/or Website, which will be deemed part of the Software and/or Website once Bank has delivered or made it accessible to Client. 6. Training At Bank's option, Bank may assist Client with the installation of Software and or training of persons who will utilize the Software and/or Website, but Bank will not bear any responsibility for the proper installation or use of the Software or such training. Client will be deemed to have accepted the Software and/or Website once it is made available to Client or on Client's use of it. 7. Reporting Problems Client will inform Bank of all errors, difficulties or other problems with the Software and/or Website of which Client becomes aware. Bank will make reasonable efforts to promptly fix or provide workarounds for any material errors reported to Bank. Bank may request Client's reasonable cooperation in resolving any such errors, difficulties or other problems by providing Bank an overview of input, output and all other data Bank may reasonably request in order to reproduce operating conditions similar to those present when such errors, difficulties or other problems were discovered. 00-35-532ONSBW 05-1-2020 AK Page 12 of 23 Bank of America — Confidential ©2020EPaa@en54Jca1 General Provisions General Terms Acceptance of Services 8. Conducting Business Through the Website "Authorized Officer" means in relation to any matter the person or persons who, according to an authorization lodged with Bank, are empowered to act on behalf of Client in relation to that matter or any other person(s) that Bank reasonably believes is acting on behalf of Client in relation to that matter. Client agrees to ensure that all Authorized Officers keep the user identification codes, passwords, codes, keys, test keys, security devices, digital signatures and certificates, and other similar devices and information for their access to the Website secret and secure. Client and/or the relevant Authorized Officer(s) must notify Bank immediately if access to the Website may have been breached. If Bank receives such a notification or determines itself that the security of any Authorized Officer's passwords may have been breached and Bank decides to take action based on this notice or determination, such Authorized Officer(s) will not be able to access the Website until measures have been taken to verify such Authorized Officer's identity. Unless Bank has been notified that any such passwords may have been breached, and until Bank has had an opportunity to act upon such notification, Bank will be entitled to treat each such communication as fully authorized by and binding upon Client, and Bank will be entitled (but not bound) to take such steps in connection with or in reliance upon each such communication as it may in good faith consider appropriate, whether such communication contains inaccurate or erroneous information, is unauthorized or fraudulent, includes instructions to pay money or otherwise debit or credit any account, relates to the disposition of any money, securities or documents, or purports to bind Client to any agreement or other arrangement with Bank or with any other person or persons or to commit Clientto any other type of transaction or arrangement whatsoever. 9. Image Services —Supplemental CD-ROM/DVDs Software License Provisions This subsection supplements this Terms of Use section with respect to Software which Bank provides for the image Services, under which Bank provides Client with CD-ROM/DVDs, and will control in the event of conflict between it and the balance of the Terms of Use section. This subsection does not apply to the image lockbox Service. If Bank provides a CD-ROM/DVD which contains a media defect or is unreadable in its entirety, Client must notify Bank in writing of such defect within 30 days after the CD-ROM/DVD creation date appearing on the CD ROM/DVD. If Client provides notice within such time period, Bank will use reasonable efforts to replace the CD-ROM/DVD. Client acknowledges and agrees that this is Bank's sole obligation and Client's sole remedy with respect to any such defects in the CD-ROM/DVD. Notwithstanding anything to the contrary in the Suspension and Termination section of this T&C, if an Image Service under which Bank provides Client with CD-ROM/DVDs is terminated for a reason other than Client's breach of any terms and conditions in the Service Documentation, Client may continue to use the Software and Materials for such Service after termination of such Service for six months, or for such longer period as we approve, subject to the terms of this Terms of Use section or such other software license agreement as Bank, at its election, requires Client to sign for this purpose. At the end of such six-month or longer period, the license for use of such Software and Materials will then terminate automatically. D. General Security Procedure Client agrees to use the applicable Security Procedure as described in the Materials from time to time in connection with its use of a Service for the purpose of verifying the authenticity of any oral, written or electronic communications, including without limitation (i) electronic funds transfers or payments instructions, including, without limitation, cancellations, amendments or reversals thereto; and (ii) any instructions, data, transactions or other information sent between Client and Bank (collectively "instructions"). The purpose of the Security Procedure is to verify the authenticity of any such instructions between Client, including any third party communication system or payment selected by Client, any person authorized to act on behalf of Client, or for those acts Client is responsible or liable under the law of agency or otherwise, and Bank or Bank's third party processor and not to detect any errors in the transmission or content of any such instructions. Each time Client uses a Service, Client represents and warrants that, in view of the nature, frequency and risk of Client's instructions, the Security Procedure is a satisfactory method of verifying the authenticity of any such instructions. Client agrees that Bank may act on any instructions, the authenticity of which Bank has verified through use of the Security Procedure. The Client agrees that the Security Procedures described herein are commercially reasonable and appropriate forthe size, type and frequency of the Services that the Client will obtain from the Bank, including funds transfers and other payment services. The Client agrees not to make a claim against the Bank that any use of the Services, including any payment order, is unauthorized or inaccurate if the authorization for the service or payment order has been verified by the Bank in accordance with these Security Procedures. If the Client deviates from the Security Procedures offered or recommended by the Bank, then the Client will be deemed to have refused a commercially reasonable and appropriate security procedure offered and recommended by the Bank. In such circumstances, the Client expressly agrees to be bound by any instruction effected by the Bank in the Client's name whether or not the communication directing or requesting the transaction is authorized by the Client. The Client agrees that failure of the Bank to use or comply with any Security Procedure provided in this Agreement or in the Service Documentation shall not excuse Client from its obligation to reimburse the Bank the amount of the payment made or authorized, by the Client or for which the Client is otherwise liable. The Bank may from time to time change, modify or add to its Security Procedures and shall give the Client written or other appropriate notice thereof. 00-35-5320NSBW 05-1-2020 AK Page 13 of 23 Bank of America — Confidential ©2020Raagen542co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services Bank may implement internal monitoring systems to evaluate customer transactions, including mechanisms that may evaluate the risk of possible fraudulent activity. Such monitoring is done solely at Bank's discretion for Bank's sole use and is not a component of the Security Procedures. Client agrees that Bank may process payments verified by the Security Procedure regardless of the results of transaction monitoring and Bank will be considered to have acted in good faith and in compliance with the Security Procedures, regardless of the results of transaction monitoring, including the detection of a risk of possible fraudulent activity, provided that Bank does not have actual knowledge that the transaction is unauthorized and that it had a reasonable opportunity to act on that knowledge. Client further agrees that the Security Procedures will be considered commercially reasonable regardless of whether or not they incorporate information from transaction monitoring. E. Confidentiality 1. Client Obligation Client acknowledges Bank's claim to proprietary rights in the Materials and that the Materials constitute Bank's "trade secrets" or trade secrets of our licensors or vendors. All Materials are confidential and Client will: • Safeguard the Materials at all times. • Establish and maintain procedures to assure the confidentiality of the Materials and any password or code subsequently changed by Client. • Use the Materials only for the purposes for which Bank provide them. • Notify us promptly by telephone, confirmed in writing, if any Materials are lost or their confidentiality is compromised. Client will not, nor will Client allow anyone else to, do any of the following without Bank's prior consent: • Disclose any Materials to any person or entity, except to Client's employees and agents with a need to know the Materials. • Make any copies, in whole or in part, of any Materials in whatever form or medium (electronic, printed or otherwise) in which they may existfrom time to time, except as provided in this T&C. • Translate, reverse engineer, disassemble or decompile any Software or security devices. Client will not de -aggregate, re -identify, analyze, or otherwise process any Materials, report, analysis, or any other output of a Service (such as forecasting or benchmarking information), or any other data or information in a manner that could (i) enable the identification of any third party about which de -identified or aggregated data is included therein, or (ii) enable you or a third party to attribute or otherwise link data to a third party (whether or not that third party can be identified). These confidentiality obligations continue after a Service Client is using is terminated. Client has sole responsibility for the custody, control and use of all Materials in its possession. Client agrees that no individual will be allowed to initiate a request or other instruction contemplated in the Service Documentation or to have access to any Materials without proper supervision and strict security controls. If a Service requires use of user identification codes or passwords, Bank will be fully protected in relying on the correct user identification codes and passwords, as may be described in the relevant User Documentation. Client further agrees to comply with laws in all relevant jurisdictions concerning data protection, banking secrecy, and the privacy of personal and other data related to Client transactions and other interactions with third parties, as needed to permit the processing of such data by both you and us in connection with the Services. 2. General Bank will maintain the confidentiality of information obtained from Client in connection with Services Bank provides under these T&Cs in accordance with Bank's normal procedures for safeguarding customer information and the policy reflected in the Bank of America Corporation Code of Ethics, except as otherwise provided herein. Bank may maintain a record of the data in its systems relating to Client's use of the Services for such period as Bank may determine and may disclose such data as required by applicable law or court order. Such records will be conclusive evidence in the event of any dispute between Client and Bank. This section does not limit either party's ability to disclose information (i) that the other party has approved by prior writing for disclosure; (ii) that is disclosed to its professional advisors or auditors; (iii) that is or becomes public other than through a breach of these confidentiality obligations; (iv) that was in its possession or available to it from a third party prior to its receipt of it in connection with any Service; (v) which is obtained by it from a third party who is not known by it to be bound by a confidentiality agreement with respect to that information; (vi) as required or requested by any securities exchange or regulatory body to which either party is subject or submits or (vii) as described in the applicable Account Agreement; (viii) that is related to the tax treatment and tax structure of any transaction and all materials of any kind (including opinions or other tax analyses) that are provided to such party relating to such tax treatment or tax structure; or (ix) as otherwise required to be disclosed by law or by legal or governmental process. In addition, Client agrees (i) that Bank may disclose to its offices, affiliates, subsidiaries, officers, employees, agents and service providers any information Bank obtains about Client and (ii) that those offices, affiliates, subsidiaries, officers, employees, agents and service providers may disclose such information as permitted under the immediately preceding paragraph. Client also agrees that Bank may disclose in aggregated or de - identified form information about Client, Client accounts, Client transactions, and other information that Bank obtains about or from Client, to other customers as part of the products and services that Bank offers to Client and/or Bank's other customers. Client acknowledges and agrees that data processing related to Services covered by the Service Documentation and Client's associated accounts, or the partial or complete delivery of certain Services, may take place in jurisdictions other than those where Client and Client's accounts with Bank are located. Client further understands that all information concerning its relationship with Bank, including data about your transactions and other interactions with third parties, may be available on Bank's electronic data system for information management and other business purposes in order to enable Client to benefit from Bank's electronic banking services, for purposes as described in this T&C and Account Agreement, and for other 00-35-5320NSBW 05-1-2020 AK Page 14 of 23 Bank of America — Confidential ©2020Raagen543co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services lawful business purposes. Client understands and agrees that, as a result, such banking relationship information may be available to some of Bank's offices, affiliates, subsidiaries, officers, employees, agents and service providers outside the jurisdiction(s) where Client and Client's accounts are located. Client authorizes Bank to transmit Client's banking relationship information across jurisdictional borders, notwithstanding the banking secrecy laws of any of the jurisdiction(s) involved, as necessary or appropriate to provide any Services. It is possible that in providing the Services Bank will transmit information it has received from Client that consists of an individual's bank account(s) or other financial information that identifies or could identify an individual to jurisdictions other than those where Client and its accounts are located. Bank will transmit such information to Bank locations, to locations of Bank affiliates, and to locations of Bank agents and service providers, or to other locations in order to provide the Services. Bank also may contract with others to provide data transmission, data storage, analytics, or other data processing services to Bank. In that case, Bank will require that they treat such information solely in accordance with Bank instructions. Client consents to the transfer and processing of such information and agrees to comply with any directions Bank may give from time to time with respect to such information. Neither party will use the other's name, logo or trademark in any identifiable way in any solicitation, marketing material, advertisement, news release or other release to any publication without receiving the other party's specific prior written approval for each such use or release, except that Bank may use Client's name as a reference in service proposals if Bank obtains Client's prior oral approval for such use. In addition, Client agrees that it will not indirectly reference the Bank in any solicitation, marketing material, advertisement, news release or other release to any publication without Bank's specific prior written approval for each such use or release. Bank may develop and use case studies related to and describing completed transactions between Bank and Client (the "Case Study") and use the Case Study in Bank's service proposals, marketing materials and Website. Prior to publishing or distributing the Case Study which identifies Client, Bank will provide a copy of the Case Study to Client for review and consent. Consent is not required to use anonymous Case Studies. Please note that this section does not limit Bank's ability, or that of Bank's affiliates, to access, analyze, and use, for any lawful purpose (including research, relationship management, marketing, analyzing market trends, data analysis and audits, and developing or providing products and services to Bank customers), information about Client, Client accounts, Client transactions, or any other information that Bank obtains in connection with providing Bank's products and services. For example, Bank may process transaction and other data to de -identify or aggregate it, and then disclose that de -identified or aggregated data in connection with providing products and services to other customers, such as benchmarking analyses, industry and sector reports, relationship management services, marketing, and cash forecasting based on analysis of historical transaction data that reflects when and how quickly certain third parties generally pay customers like Client. For more information about these particular services and other uses of de -identified or aggregated data, see the T&C service section entitled "Data Aggregation and Usage Service," as well as the Account Agreement that applies to the products and services that Bank provides to Client. These obligations continue after any Service that a Client is using is terminated. F. Information and Data Privacy "Data Protection Laws" means, collectively, all U.S. national, and state laws or regulations relating to the protection of Personally Identifiable Information (including, without limitation and if applicable, the Massachusetts "Standards for the Protection of Personal Information of Residents of the Commonwealth" (201 CMR 17.00)). "Financial Services Industry Best Practices" is defined as the standards, policies and practices applicable to companies in the financial services industry of comparable size and scope as Bank. The Bank has information security policies and procedures, including appropriate mitigating controls, that are based on ISO 27002:2005 and National Institute of Standards and Technology ("NIST") 800-53. "Information Security Event" is defined as any situation where there is the unauthorized acquisition or unauthorized use of unencrypted PH or encrypted electronic PH along with the relevant confidential process(es) or key(s), that is capable of compromising the security, confidentiality, or integrity of encrypted PH and that Bank has determined creates a substantial risk of identity theft or fraud against an individual. "PCI -DSS" is defined as the Payment Card Industry - Data Security Standard version 2.0, as amended from time to time, and any successor standard adopted by the industry establishing security standards for payment cards. 1. Overall Data Security Regulations As a financial institution, Bank of America is required to comply with the information security standards of, as applicable: the Gramm Leach Bliley Act (15 U.S.C. 6805) and the regulations issued thereunder (12 C.F.R. Part 40), the Fair and Accurate Credit Transactions Act (15 U.S. C. 1681) and the regulations issued thereunder (12 C.F.R. Parts 30 and 41), the Federal Financial Institutions Examination Council (FFIEC) criteria, the Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice (12 CFR Part 30), the Securities and Exchange Commission, FINRA, the NASD, and other federal statutory, legal and regulatory requirements. The Bank is evaluated regularly for compliance with these obligations by its various regulators, including without limitation its principal regulator, the Office of the Comptroller of the Currency, as applicable. 2. Security and Confidentiality Bank maintains a written information security program that: a. contains administrative, technical and physical safeguards designed to (1) protect against Information Security Events, and (2) conform to the requirements of applicable state and federal privacy regulations (the "Information Security Policy"); and b. sets forth policies and procedures that are designed to be consistent with: (1) Data Protection Laws; (2) to the extent applicable to the Services utilized by Client, PCI -DSS standards; and (iii) Financial Services Industry Best Practices. 3. International Data Protection Notwithstanding anything herein to the contrary, this section 3 shall apply if, and only to the extent that, Services utilize data originating from outside the U.S. For the purposes of this section 3 only, the following terms have the meanings ascribed to them: 00-35-5320NSBW 05-1-2020 AK Page 15 of 23 Bank of America — Confidential ©2020Raagen544co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services "Applicable Laws" means all applicable laws, enactments, regulations, regulatory policies, regulatory guidelines, industry codes, regulatory permits and regulatory licenses, in each case which are in force and as amended or superseded from time to time "Data Protection Laws" means the EC Data Protection (Directive 95/46/EC), the United Kingdom Data Protection Act 1998, and all other Applicable Laws regarding the collection, use, and processing of data relating to individuals (or, where applicable, legal persons), including without limitation regulations on protection of cardholder data. "Personal Data" means: i. any "non-public personal information" as such term is defined under Title V of the U.S. Gramm -Leach -Bliley Act, 15 U.S.C. § 6801 et seq., and the rules and regulations issued thereunder; ii. any "personal data" as defined in EU Directive 95/46/EC or EU General Data Protection Regulation (effective May 25, 2018), or any equivalent or similar concept of Personal Data or personal information under any Applicable Law; or iii. any other information that can specifically identify an individual, such as name, address and social security number ("SSN"), together with any other information that relates to an individual who has been so identified. Bank acts as a data controller (as defined by the Data Protection Laws) with regard to Personal Data it receives or obtains in relation to the Service(s), and provides an appropriate data protection notice to individuals that use or are otherwise connected to such Service(s). To the extent that Personal Data originates from outside the US, where necessary and unless another exemption is available, Bank agrees that any international transfers of Personal Data within the Bank of America Merrill Lynch group of companies will be made in accordance with the Bank's intra -group framework Transborder Dataflow Agreements, which themselves incorporate the European Commission's Model Clauses for transfers of data outside the EEA and which have been adopted for international use. G. Limitation of Liabilities 1. All Services In no event will Bank be liable for any indirect, special, consequential or punitive loss, damage, cost or expense of any nature or any economic loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corruption to Client's data, loss of operation time or loss of contracts, even if advised of the possibility of such loss, damage, cost or expense. Bank will not be responsible for the acts or omissions of Client or its officers, employees or agents (including but not limited to the amount, accuracy, timeliness or authorization of any instructions or information from Client) or the acts or omissions of any other person or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank or any other country's or jurisdiction's central bank, any other financial institution or any Supplier, and no such person or entity will be deemed Bank's agent. If Client permits any Subsidiary or other person to access Services provided to Client on Client's premises through use of a remote access software package, Bank will have no responsibility or liability for such Subsidiary or person's use or misuse of the Services or access to accounts owned by Client and for which Client did not authorize that Subsidiary or person to have access. Bank may and will treat all instructions and information received by Bank through this arrangement as provided by and for the benefit of Client and subject to all Bank's rights under the Service Documentation with respect to the pertinent Services. Force Majeure. Neither party will be liable for and each party will be excused from any failure or delay in performing obligations regarding any Service if such failure or delay is caused by circumstances beyond that party's control, including any acts of nature, emergency conditions (such as war, riot, acts of terrorism, civil commotion, insurrection, strikes, lockouts, fire, theft), disaster, power failure, breakdown or failure of equipment, failure of communications services or networks, breakdown of any Supplier, labor stoppage, sabotage, computer virus, hacking, unrest or disputes, or acts or omissions of Client or any third party including national and/or supranational government agencies or bodies and courts of ,; Bank will not be liable for any failure or delay in performing obligations regarding any Service if such failure or delay is caused by Client's act, omission, negligence or fault. Neither party will be liable for any failure to act if such party reasonably believed that its action would violate any law, rule, statute, ordinance, regulation, guidance, court order, judgment or decree. No such failure or delay will constitute a breach of the agreement. 2. All Services Other than Electronic Funds Transfer Services Bank is liable to Client only for actual damages incurred as a direct result of Bank's failure to exercise reasonable care in providing a Service. 3. Electronic Funds Transfer Services For Requests and Entries which are subject to Article 4A of the Uniform Commercial Code Funds Transfers, as adopted by the state in the United States of America whose law applies to a Service, as amended from time to time ("UCC 4A"), Bank is liable only for damages required to be paid under UCC 4A or Subpart B of Regulation J, Collection of Checks and Other Items, of the Board of Governors of the Federal Reserve System of the United States of America, as amended from time to time, as applicable, except as otherwise agreed in the Service Documentation. For all Requests and Entries not subject to UCC 4A and for all other obligations under the Electronic Funds Transfer Services sections, Bank's liability is limited to actual damages, resulting directly from Bank's willful misconduct or failure to exercise reasonable care, not exceeding the following, as applicable: (i) in case of an excessive debit to Client's account, the amount of the excess plus compensation equivalent to interest rate; (ii) in case of payment to an account not specified and owned by Client, the amount of the payment plus compensation equivalent to interest; (iii) in case of any delay in crediting a debit Entry or RCC to Client's account, the amount of compensation equivalent to interest for the period of delay; or (iv) in all other cases, the actual damages incurred by Client. Client will use reasonable efforts to assist Bank in recovering the amount of any overpayment for which Bank is liable. 00-35-5320NSBW 05-1-2020 AK Page 16 of 23 Bank of America — Confidential ©2020Raagen545co1 . General Provisions BANK OF AMER I C A �'� General Terms Acceptance of Services If Bank is obligated to pay interest compensation, Bank will pay such compensation or credit your account, as Bank determines, upon Client's written request. Compensation will be calculated for the relevant period as specified in the Account Agreement or as advised by the Bank customer service representative. If Client transmits a Request to Bank by way of a funds -transfer system or other third -party communications system, the system is deemed to be Client's agent for that purpose. Client shall be responsible, and Bank may rely upon, each Request transmitted actually or purportedly on behalf of such or in the name of the Client. Bank is not liable to Client for any discrepancy between the terms Client transmits to such system and the terms it then transmits to Bank. H. Protection from Third Parties To the extent permitted by law, Client will indemnify Bank against and hold Bank harmless from third party claims arising in connection with any Service, which may include liabilities, claims, costs, expenses and damages of any nature (including Legal Expenses). This obligation will continue after a Service that Client is using is terminated. This section does not apply to any cost or damage caused by Bank's gross negligence or intentional misconduct. Further, with respect to any Service where Bank receives payment from a third party on Client's behalf, the amounts received (less related charges, disbursements and/or expenses) will be paid to Client, except that if Bank is required to return any such payment received upon the insolvency, bankruptcy or reorganization of such third party orfor any other reason, Client will repay to Bankthe amount paid to Client together with interestthereon from the date Bank returned the payment and so notified Client at the rate specified by Bank in our schedule of charges with regard to the applicable Service. 00-35-532ONSBW 05-1-2020 AK Page 17 of 23 Bank of America — Confidential ©2020EPaa@en546c91 General Provisions General Terms Acceptance of Services Client Agents, Representatives and Third Party Vendors This section describes the terms and conditions under which Client is permitted to utilize any Subsidiary or other person, including any third party vendor (including but not limited to, such third party vendor's agent, subcontractor, affiliate, representative and/or assignee) used by Client to perform certain actions with respect to the Services ("Third Party Vendor'), to access any of the Services provided to Client by Bank (which may include the Third Party Vendor's receipt, access to, and/or handling of any related sensitive information) through the use of a remote access software package, a Website, data file transmission, mail delivery service, mobile access or telephone, or SWIFT (Society for World-wide Interbank Financial Telecommunications) using any Client's BIC (Bank Identifier Codes), or such Client's parent's or affiliate's BIC, sent or purporting to be sent on behalf of that Client (details of such BIC to be separately notified by Client to Bank), as applicable. 1. Supplemental Limitation of Liability Bank will not be responsible for the acts or omissions of Client or its officers, employees or agents, including any Third Party Vendors retained by Client (including but not limited to the amount, accuracy, timeliness or authorization of any instructions or information) or the acts or omissions of any other person or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank or any other country's or jurisdiction's central bank, any otherfinancial institution or any Supplier, and no such person orentity will be deemed Bank's agent. If Client permits any Subsidiary or other person, including a Third Party Vendor, to access any of the Services that Bank provides to Client (which may include the Third Party Vendor's receipt, access to, and/or handling of any related sensitive information or "protected health information," as defined under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and its implementing regulations ("PHI")) through the use of a remote access software package, a Website, data file transmission, mail delivery service, mobile access or telephone, Bank will have no responsibility or liability for such Subsidiary's, person's or Third Party Vendor's use or misuse of the Services or related accounts or any such party's access to, use, misuse or loss of any PHI or other sensitive information; provided Bank has complied with any applicable Security Procedure. Bank may and will treat all instructions and information received by us through this arrangement as provided by and for the benefit of Client and subject to all Bank rights under the Service Documentation with respect to the pertinent Services. 2. Client Representations, Warranties and Agreement Surrounding Third Party Vendors Client represents and warrants to Bank that Client obtains a business benefit by allowing a Third Party Vendor to use, on Client's behalf, one or more of the Services (which may include the Vendor's receipt, access to, and/or handling of any related sensitive information or PHI), and that Client has made available to each Third Party Vendor the T&C and all applicable User Documentation. Client must provide and maintain a list of all such Third Party Vendors in a form and in a manner acceptable to Bank. Bank may act under the T&C as a Third Party Vendor instructs and Client agrees that such Third Party Vendor will be acting as its agent with respectto the Services. Client further agrees that it will cause a Third Party Vendor to use the Services on Client's behalf in accordance with the terms an d conditions of the T&C and all applicable User Documentation and that such Third Party Vendor will have no other right to use a Service or to derive any benefit under the T&C. Client is fully responsible for ensuring that all appropriate information protection, privacy, and cross border data movement and similar policies and procedures are implemented and followed by all such Third Party Vendors used by Client, and that they comply at all times with applicable law. Client will provide us with information about any such Third Party Vendor as Bank reasonably requests. Client will indemnify Bank in connection with any action or inaction of a Third Party Vendor, unless such loss is attributable to Bank's gross negligence or intentional misconduct. Bank may, in its sole discretion, either decline to act upon any instruction or communication received from any Third Party Vendor or terminate or suspend Client's use of the underlying Service, if, in Bank's sole discretion, Bank determines that a Third Party Vendor may pose a risk to Bank's operations or a Third Party Vendor or Client breaches any term herein or the applicable User Documentation. In the event Client terminates its relationship with a Third Party Vendor it is Client's sole responsibility to terminate such Third Party Vendor's access to the Services (including access to any related PHI or other sensitive information). In the event of a conflict between like terms in another agreement between Client and Bank, then the terms of this section will prevail, but only to the extent necessary to resolve such conflict. J. Taxes Bank may be required by taxing authorities to withhold tax or make other deductions on account of tax from payments that Client directs Bank to make pursuant to the Service. Client consents to any such withholding or other deduction that is required by law to be made by Bank (or any of Bank's affiliates, delegates or any other withholding agent or third party) from any applicable payment. Client acknowledges and accepts that Bank will not be required to reimburse Client or the payment recipient for any such withholding or deduction made by Bank, Bank affiliates or delegates or any other person. To the extent Bank, any of Bank affiliates, any delegate or any other party pay(s) or is/are or become(s) required to pay any amount that should have been, but was not deducted and withheld from a payment, Client will indemnify Bank for such amount, including interest and penalties (if any). This indemnity will survive the termination of the Agreement. K. Payment for Services Client must maintain and designate account(s) with Bankwhich Bank will use for debiting or crediting with respect to all payments and deposits and related adjustments and charges. Bank will, and is authorized to, on a monthly basis, debit Client's account for payment of charges due, unless Client arranges another payment procedure acceptable to Bank; provided that, for purposes of any Trade Product or Service, Bank will debit Client's accountfor payment of fees, charges and other obligations when they are due, unless Client arranges another payment procedure acceptable to Bank. For purposes of satisfying your payment obligations, Bank may consider any overdraft line of credit or other arrangement Client has with Bank. 1. Service Charges 00-35-532ONSBW 05-1-2020 AK Page 18 of 23 Bank of America — Confidential©2020raafq,nWcoo General Provisions General Terms Acceptance of Services Client will pay Bank for each Service it uses according to Bank's schedule of charges currently in effect for Client, except as agreed otherwise (in writing) from time to time. At Client's request, Bank will provide a copy of the current schedule of charges for the applicable Service. All charges are subject to change upon 30 days prior Notice to Client (unless otherwise agreed in writing or required by local law), except that any increase in charges to offset any increase in fees charged to Bank by any Supplier for services used in delivering any Service may become effective in less than 30 days. Client will pay Bank for Software support in excess of that contemplated in the General Terms section. The charges for such extra support will be as specified by Bank before such charges are incurred or as otherwise agreed by Bank and Client from time to time. Bank will, on a monthly basis, debit Client's account for payment of charges due, unless Client arranges another payment procedure acceptable to Bank. In the event of a dispute over the accuracy of service changes, Client must notify Bank within a reasonable period of time and Bank will conduct a good faith review of the disputed charges. In the event Bank, determines that no error occurred, absent manifest error Bank records will control. 2. Taxes All Service charges are exclusive of sales, value-added and use taxes, stamp and other duties and other governmental charges imposed on any Service or Materials and not based on Bank's net income. Such taxes, duties and charges are payable by Client. All payments of Service charges shall be made without deduction or withholding for any taxes, except as required by applicable law. If Client is required to withhold or deduct any taxes, then the sum payable by Client shall be increased so that Bank receives an amount equal to th a sum it would have received had no such withholding or deduction been made (including deductions applicable to additional sums payable under this section). L. Representations and Warranties 1. Generally On and as of each day Bank provides any Service to Client, Client represents and warrants that: • Client's agreement to each provision contained in the Service Documentation is a duly authorized, legal, valid, binding and enforceable obligation. • The debiting of any account as provided in the Service Documentation is not inconsistent with any restriction on the use of that account. • All approvals and authorizations required to permit the execution and delivery of the Acceptance of Services and any other necessary documentation, and the performance and consummation by Client of the transactions contemplated under each Service, have been obtained, including but not limited to due authorization from each applicable third party to allow Client to transfer funds and access information from such party's account. Client is responsible for full compliance with all applicable anti -money laundering and anti-terrorist financing laws and regulations of all applicable jurisdictions, including without limitation each of the jurisdictions in which any Service is provided and/or any jurisdictions in which any account is and/or Client is located. If Client is required to implement an anti -money laundering program pursuant to the USA Patriot Act, its implementing regulations, or any non U.S. law or regulation applicable to Client, then Client shall: o (a) monitor, for the purpose of identifying suspicious activities, all transactions of its customers conducted through the Accounts or using services provided by Bank, and (b) file suspicious activity reports ("SARs") and any other reports as required by applicable law relating to transactions conducted through the Accounts; and o (a) take all reasonable and necessary actions to enable sharing of information in accordance with Section 314(b) of the USA PATRIOT ACT and its implementing regulations (including maintaining a current registration on FinCEN's 314b list of participants) or as permitted by local law; and (b) promptly share with the Bank orthe Bank's registered 314(b) designee, un less prohibited by applicable law, all unusual or suspicious activities that relate to an Account that may involve potential money laundering or terrorist financing. Client will notify the Bank if Client becomes aware of any material event, investigation, litigation, indictment, conviction, or enforcement action involving Client, its officers, directors, employees, or agents, and involving any non-compliance with any anti -money laundering or economic sanctions law or regulation. • Client will not use the Services or Bank's products and accounts to engage either directly or indirectly in business with a financial institution that does not have a physical presence in any country or jurisdiction (shell banks). • Client will perform on-going customer due diligence with respect to its customers in a manner that ensures compliance with applicable jurisdictional requirements. • Client will not allow its customer or any third party to directly access any Services or Bank products and accounts provided by us without Bank's prior knowledge and express written consent. • Client has implemented and will continue to maintain reasonable processes and controls to identify and prevent the criminal misuse of the Services, products and accounts provided by Bank. • Client acknowledges that, in addition to any of Bank's other rights under the Service Documentation, Bank may intercept and investigate payment instructions, make further inquiries and, where required, block or reject services due to domestic or global economic or trade - based sanctions. • Client will not use any Service or any of Bank's products and accounts for illegal purposes or transactions. • Neither Client's performance of its obligations nor its use of any Service will facilitate illegal transactions, for example those prohibited by the Unlawful Internet Gambling EnforcementAct, 31 U.S.C. Section 5361 etseq., or otherwise violate any law, rule, statute, ordinance, regulation, court order, judgment, decree or order applicable to Client. • The Services Client receives pursuant to this T&C are for business use only and are not primarily for personal, family or household use. 00-35-5320NSBW 05-1-2020 AK Page 19 of 23 Bank of America — Confidential ©2020Raage,548co1 General Provisions General Terms Acceptance of Services • There is no lawsuit, tax claim or other dispute pending or threatened against Client which, if lost, would impair Client's financial condition or ability to pay us under the terms of the Service Documentation. • Client will comply with all conditions and restrictions on its accounts and Services as notified by Bank. • Client will provide to Bank all information, materials and access for any site visit that may be required in order for Bank to conduct enhanced due diligence as the Bank deems necessary to fulfill its obligations under all relevant anti -money laundering laws, including but not limited to the Bank Secrecy Act. Bank will not be liable for any related loss or negative outcome resulting from the failure of Client to comply with these representations and warranties. 2. Casinos Additionally, if Client owns and/or operates one or more casinos, then on and as of each day Bank provides any Service to Client, Client represents and warrants to Bank that: • Client confirms at least on an annual basis that it does not accept payments from third parties acting on behalf of Client's customers/patrons without performing appropriate and sufficient due diligence on the third party and establishing a reasonable relationship between the third party and Client's customer/patron. Client acknowledges that Bank may periodically review samples of such transactions and Client agrees to provide Bank with the information Bank requests to perform such reviews. It is Client's responsibility to ensure that transactions involving customer/patron gaming funding activity are routed only through account(s) ("marketing accounts") identified to Bank as intended for such purpose. M. Currency Exchange Rates Client acknowledges and agrees that exchange rates fluctuate, at times significantly, and Client accepts all risks that may result from such fluctuations. If Bank assigns an exchange rate to your foreign exchange transaction, that exchange rate will be determined by Bank in its sole discretion based upon factors Bank determines relevant, including without limitation, market conditions, exchange rates charged by other parties, Bank's desired rate of return, market risk, credit risk, and other market, economic and business factors. Client acknowledges that exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter -bank transactions effected during the business day, as may be reported in The Wall Street Journal or elsewhere. Exchange rates offered by other dealers or shown at other sources (including online sources) may be different from Bank's exchange rates. The exchange rate Client is offered may be different from the rate paid by Bank to acquire the underlying currency. Client further acknowledges and agrees that governments may intervene in the currency markets through their central banks or by imposing regulatory controls or taxes. Governments may issue a new currency to replace an existing currency, orfix the exchange rate or alter the exchange rate or relative exchange rate characteristics by devaluation or revaluation of a currency. They may also restrict or suspend convertibility or transferability of a currency, or restrict participation in foreign exchange markets and funding markets, either in general or based on the nature of specific participants or transactions. Client agrees to assume all risks in connection with the events described above and Client agrees to waive any action it may have against Bank in connection with such events. Client further agrees th at Bank shall have no liability whatsoever for the occurrence of any event, including the enactment or promulgation of any laws, rules or regulations, that affectthe convertibility or transferability of a payment. For more information related to currency exchange rates or service terms, please refer to the Electronic Foreign Exchange section of the Service Terms. N. Armored Carrier -Additional Provisions Except as provided otherwise in specific service documents that maybe executed by Client, Client must contract separately with an armored carrier service that is acceptable to Bank and that continues to meet Bank's requirements. Armored carriers and their subcontractors are Client's agents and Client is liable to Bank for their failure to comply with Bank requirements. If an armored carrier or subcontractor does not meet our requirements, they may be refused entry. Supplemental Suspension and Termination. If at any time Bank believes that Client's armored carrier and/or their subcontractors create an unacceptable risk exposure to Bank, Bank may, in its sole discretion, immediately, without prior notice to Client, suspend or modify the provision of the Service, or deny the armored carrier and/or their subcontractors access to Bank's cash vaults, armored carrier vaults and/or other locations until such time that such risk, exposure, or activity is eliminated or otherwise resolved to Bank's satisfaction. Additionally, Bank may suspend the provision of the Service if Client does not use it for such period of time as Bank may establish from time to time. Bank may terminate the Service effective immediately, without prior notice to Client, if the account necessary to provide the Service is closed. These suspension and termination rights are in addition to any such rights that Bank may otherwise have under the agreements with Client. O. Bank of America Merrill Lynch International Limited ("BAMLI") Recognition of Bail -In Powers "Bail -in Legislation" means any relevant law, regulation, rule or requirement which at any time implements the BRRD in the UK including the Banking Act 2009, as amended from time to time, and the instruments, rules and standards created thereunder. "Bail -in Powers" means, in relation to any Bail -in Legislation, any write-down, conversion, transfer, modification, or suspension power existing from time to time under, and exercised in compliance with the Bail -in Legislation pursuant to which any obligation of BAMLI (or other affiliate of BAMLI) may be reduced, cancelled, modified, or converted into shares, other securities, or other obligations of such regulated entity or any other person (or suspended for a temporary period); and any right in a contract governing an obligation of BAMLI may be deemed to have been exercised. 00-35-5320NSBW 05-1-2020 AK Page 20 of 23 Bank of America — Confidential ©2020Raagen549co1 General Provisions General Terms Acceptance of Services Limited. "BAMLI" means Bank of America Merrill Lynch International Limited, including any branch of Bank of America Merrill Lynch International "BRRD" means Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms. "Liability" in this section means any liability referred to under the Bail -in Legislation. "Relevant Resolution Authority" means the resolution authority with the ability to exercise any Bail -in Powers in relation to BAMLI. BAMLI is a Bank of America Corporation bank subsidiary which provides accounts and related services from its branches in Europe. This section only applies to Client if and to the extent BAMLI provides Client with any Service or incurs any Liability to Client under the terms of the Service Documentation. Notwithstanding any other term of this T&C, any other terms and conditions applicable to any Service, or any other agreements, arrangements, or understandings between Client and BAMLI, Client acknowledges, accepts and agrees to be bound by: the effect of the exercise of Bail -in Powers by the Relevant Resolution Authority in relation to any Liability of BAMLI to Client under this T&C, orthat may arise in connection with the Services, that may include and result in any of the following, or some combination thereof: a) the reduction of all (including to zero), or a portion, of the Liability or outstanding amounts due thereon; b) the conversion of all, or a portion, of the Liability into shares, other securities or other obligations of BAMLI, any parent undertaking, bridge institution or another person (and the issue to or conferral on Client of such shares, securities or obligations); c) the cancellation of the Liability; d) the amendment or alteration of the amounts due in relation to the Liability (including, if applicable, any interest thereon), the maturity of the Liability, or the dates on which any payments are due, including by suspending payment for a temporary period; and e) the variation of the terms of the Agreement, or any other terms and conditions applicable to any Service, as necessary, to give effect to the exercise of Bail -in Powers by the Relevant Resolution Authority. 00-35-532ONSBW 05-1-2020 AK Page 21 of 23 Bank of America — Confidential ©2020EPaa@en5WC91 General Provisions General Terms Acceptance of Services II. GLOSSARY OF TERMS BANK OF AMERICA 5�;Oooe The following are terms that appear throughoutthis T&C. Other terms may be defined in the section in which the term is used. Account Agreement. The current signature card, Deposit Agreement & Disclosures or Global Client Account Agreement (or any predecessor agreements such as the International Account Agreement or Standard Account Operating Terms and Conditions) used in certain jurisdictions as an Account Agreement and the publication(s), as amended from time to time, Bank provides containing terms and conditions applicable to each deposit, savings or current account for which Client uses a Service. ACH Managed Processing means that all credit Entries are required to be prefunded and settlement of debit Entries will receive delayed availability as further described in the applicable User Documentation ACH Services mean those Services, including ACH Managed Processing, that allow Client to transfer funds to or from its accounts by initiating Entries which may be sent through the ACH system or processed directly to accounts with Bank. ATM. Automated teller machine. Business Day. Each day on which the Bank or bank office providing or facilitating a Service is open for business related to that Service. Collected and Available Funds. Funds in an account equal to the ledger balance minus float which, in Bank's reasonable determination, is not subject to a hold, dispute or legal process preventing withdrawal. Deposit Account. Any one or more demand deposit accounts held by Client with Bank or, upon Bank's approval and in Bank's sole discretion, a demand deposit account held by Client at a third party bank. Electronic Funds Transfer Services. ACH Services, International Electronic Funds Transfer Services and Wire Transfer Services. Entries. Entries has the meaning provided in the NACHA Rules and also includes any data for Entries and any prenotification. Indemnify. When Client indemnifies Bank, Client agrees that, to the extent permitted by law, Client will indemnify Bank and hold Bank harmless from and defend Bank against any and all liabilities, claims, costs, expenses and damages of any nature (including Legal Expenses) arising from, out of, or relating to proceedings, demands, disputes, legal actions or enforcement of laws, fines or rules, by parties other than Client and Bank. For purposes of this definition, all references to "Bank" also include Bank's service providers. Legal Expenses. Reasonable lawyer's fees, fees and expenses of litigation and any other fees and expenses incurred in enforcing any provision of the Service Documentation. Materials. The Software, user identification codes, passwords, codes, keys, test keys, security devices, embedded algorithms, digital signatures and certificates, other similar devices and information, User Documentation and related documentation Bank provides to Client. NACHA Rules. The rules of the National Automated Clearing House Association (including any other clearing house rules applicable to automated clearing house transactions), as amended from time to time. Payment Account. One or more demand deposit accounts maintained by Client with Bank and used in connection with the Service. Payment Transaction. A request by Client to Bank to initiate a payment to a Recipient using a Service and/or a request by Client to Bank to initiate a bill payment to a Vendor by means of an ACH credit entry, other electronic funds transfer or a check payment. Payment Transaction Request. A message transmitted electronically from Client to Bank through the Service requesting us to initiate a Payment Transaction. Process Date. The date that Client designates in the Payment Transaction Request for the processing of a Payment Transaction. Funds will be deducted from Client's Settlement Account on or after this date. Recipient. A customer of a U.S. based bank or credit union to whom Client seeks to make a disbursement payment using the Service. Request. A request by means permitted under the relevant Wire Transfer Service or International Electronic Funds Transfer Service to transfer funds to or from a specified account or beneficiary (including standing instructions) or to amend or cancel a prior request to transfer funds. Reversal/Deletion Request. A request for a Reversal or a request to delete a previously delivered Entry. Reversals. Data for reversing Entries. Security Procedure. Unless agreed otherwise, the applicable security procedure described in the Materials for Client's data delivery type or Service for verifying the authenticity of any (i) electronic funds transfers or payments instructions, including, without limitation, cancellations, amendments or reversals thereto; and (ii) any instructions, data, transactions or other information sent between Client and Bank. 00-35-532ONSBW 05-01-2020 AK Page 22 of 23 Bank of America — Confidential © 2020 Bank of America Corporation Page 551 of 830 General Provisions General Terms Acceptance of Services Service. With respect to a Bank of America Corporation subsidiary bank, a global transaction service provided in a specific Bank location and covered by the Service Terms in this T&C as well as amendments, supplements and addenda to this T&C. Service Documentation. Includes: the Acceptance of Services; the General Terms of the T&C; the Service Terms, which may be contained in the T&C and/or any amendments, supplements or addenda thereto; the country specific terms and conditions for global transaction Services, if any; the User Documentation; and any set-up forms, onboarding documentation or authorization forms. Service Terms. The terms and conditions under which Bank provides a Service. Service Terms may be found in this T&C as well as any amendments, supplements or addenda thereto. Settlement Account. One or more demand deposit accounts maintained by Client with Bank and used in connection with the Service. Software. Web -based applications accessed via a Website and/orthe programs and data files provided by Bankfor use on a computer in connection with one or more particular Services. Stop Payment Request. A message Client sends Bank using the Electronic Stop Payment Services, the Check Issuance and Document Printing Services or the Client -Printed Drafts Services to request that payment be stopped on a check or draft which, in the case of the Electronic Stop Payment Services, must be drawn on an eligible account Client has with Bank. Subsidiary. Any entity in which more than 50% of the ownership interest is owned, directly or indirectly, by Client. The term "Subsidiary" does not include affiliates or other entities in which 50% or less of the ownership interest is owned, directly or indirectly, by Client. Supplier. Any private or common carrier communication or transmission facility, any time-sharing supplier or any mail or courier service. Transaction Account. One or more deposit accounts maintained by Client with Bank or another financial institution and used in connection with the Payment Processing Services. Transaction Request. Using the Payment Processing Service, a message transmitted electronically from Client as a Disburser to Bank or Bank's third party processor requesting Bank to originate an Entry to a Collector on Client's behalf. UPIC means the Universal Payment Identification Code, which is a unique number that identifies both an eligible account at a UPIC Participant, and the UPIC Participant that holds the eligible account. Capitalized terms in this T&C, not otherwise defined, are defined in the Electronic Payments Network Rules of Membership and the Operating rules, or such later revisions as may be adopted, including, but not limited to, the Rules pertaining to UPICs (EPN UPIC Rules), all collectively referred to as the EPN Rules. User Documentation. Any information Bank may provide, as amended from time to time, which contains detailed instructions regarding the use of a Service, as provided by a particular financial center or office. User Documentation may vary from one jurisdiction to another. Current User Documentation is available upon request. Vendor. A non -consumer business, including a sole proprietorship that sent Client a bill, invoice or other statement of account requesting payment for goods or services provided by the Vendor to Client. Website. Any internet website and/or digital or online access channel (including access through an application on any type of device, including but not limited to, mobile devices) for use in accessing your accounts or Services. C 2018 Bank of America Corporation All rights reserved. None of the enclosed material may be reproduced or published without permission. 00-35-532ONSBW 05-01-2020 AK Page 23 of 23 Bank of America — Confidential C 2020 Bank of America Corporation Page 552 of 830 PROPOSAL FORM B - BANKING SREVICES (UNBUNDLED) CITY OF BOCA RATON RFP 2013-030 Proposal Instructions - Proposer is required to provide fees for Part I, II, III, IV, AND V (Proposer is reauired to propose on ALL Bankina Servicesl In the event that the Proposer is unclear about an item, all inquires are to be submitted as per Part I, item 1-7 Inquiries/Addenda per the RFP. Any items that are NO CHARGE are to be denoted by use of a "$ 0" (zero) or No Charge In the event of math errors, the City will utilize the unit price unless alternate unit of measure is included in the Alternative Name Column. Item Service Description Estimated Unit of Annual Usage Measure /Volume Unit Price Total Price Alternative Name utilized by Bank 1 ACH OPTIONAL RPTS-ELECTRONIC 315.00 ea 0.50 157.50 2 IACH DELETE/REVERSAL 24.00 ea 5.00 120.00 3 ACH RETURN ITEM 162.00 ea 2.00 324.00 4 ACH MONTHLY MAINTENANCE (per type of transaction) 60.00 ea 10.00 600.00 Per company ID 5 ACH INPUT-ECHANNEL 46.00 ea 5.00 230.00 6 ACH INPUT -FILE 317.00 ea 5.00 1,585.00 7 ACH BLOCKS AUTH INSTRUCTIONS 289.00 ea 0.00 0.00 8 JACH BLOCKS AUTH MAINTENANCE 36.00 ea 5.00 1 180.00 9 ACH BLOCKS AUTH ADD -CHANGE 2.00 ea 0.00 0.00 10 ACH ORIGINATED ADDENDA 1437.00 ea 0.02 28.74 11 DELETE/REVERSAL BATCH/FILE 1.00 ea 50.00 50.00 12 ACH NOTIF OF CHANGE (NOC) 380.00 ea 2.00 760.00 13 ACH STANDARD REPORTS -FAX 1.00 ea 3.00 3.00 14 ACH STANDARD RPTS- ELECTRONIC 229.00 ea 0.50 114.50 15 JACH CONSUMER ON US CREDITS 10901.00 ea 0.03 327.03 16 ACH CONSUMER OFF US CREDITS 32246.00 ea 0.03 967.38 17 ACH CONSUMER ON US DEBITS 4980.00 ea 0.03 149.40 18 ACH CONSUMER OFF US DEBITS 18298.00 ea 0.03 548.94 19 ACH CORPORATE ON US CREDITS 938.00 ea 0.03 28.14 20 ACH CORPORATE OFF US CREDITS 4517.00 ea 0.03 135.51 21 ACH CORPORATE ON US DEBITS 26.00 ea 0.03 0.78 22 ACH CREDIT RECEIVED ITEM 13016.00 ea 0.03 390.48 23 ACH DEBIT RECEIVED ITEM 1341.00 ea 0.03 40.23 24 CD ROM RE-CREATION 1.00 ea 100.00 100.00 25 CD ROM MAINTENANCE 24.00 ea 10.00 240.00 26 CD ROM PER IMAGE 12211.00 ea 0.02 244.22 27 JCD ROM DISK 12.00 ea 10.00 120.00 Name of Proposer: Bank of America, N.A. Page 1 Name of Proposer: Page 553 of 830 PROPOSAL FORM B - BANKING SREVICES (UNBUNDLED) Item Service Description Estimated Unit of Unit Price Total Alternative Name utilized by Annual Usage Measure Price Bank /Volume 28 PP IMAGE REQUESTED - DIRECT 7 ea 0.000 0.00 29 ARP PARTIAL PPAY MAINT-PPR RPT 24 ea 30.000 720.00 30 ARP PARTIAL PPAY ITEM 12,209 ea 0.020 244.18 31 ARP RECON TRANS END OF CYCLE 24 ea 5.000 120.00 32 ARP OUTPUT PROCESSING PER ITEM 12,209 ea 0.000 0.00 33 POSITIVE PAY EXCEPTIONS 2 ea 1.000 2.00 34 ARP POSITIVE PAY RETURN- OTHER 1 ea 15.000 15.00 35 BANKING CENTER DEPOSIT 593 ea 0.500 296.50 36 QBD/NIGHT DROP DEPOSIT 375 ea 0.400 150.00 37 VAULT DEPOSIT 90 ea 0.250 22.50 Please note that a majority of the volume from line item 35 & 36 will fall into this line item which is at a lower cost once the City begins using the vault/armored courier for de osits. 38 ITEM PROCESSING DEPOSIT 258 ea 0.250 64.50 Please note that this volume will have a new description. They will clear as Image Deposit. This is priced the same and the new line item description is listed in Part ll. 39 DEPOSIT CORRECTION -NON-CASH 11 ea 2.000 22.00 40 CURR/COIN DEP/$100-QBD-ND 11,075 ea 0.065 719.88 41 CURR/COIN DEP/$100-BKG CTR 16,787 ea 0.065 1091.16 42 CURR/COIN DEP/$100-VLT 867 ea 0.055 47.69 Please note that a majority of the volume from line item 40 & 41 will fall into this line item which is at a lower cost once the City begins using the vault/armored courier for de osits. 43 COIN DEPOSIT -NON STD BAG-VLT 101 ea 3.000 303.00 44 DEPOSIT CORRECTION -CASH 21 ea 3.000 63.00 45 COIN SUPP ROLL-BKG CTR 164 ea 0.060 9.84 46 CHANGE ORDER BKG CTR 149 ea 2.000 298.00 47 CURR SUPP/$100- BKG CTR 312 ea 0.060 18.72 48 SECURITYACCESS 3 ea 20.000 60.00 49 Treasury MGMT Solution (monthly) 12 ea 0.000 0.00 50 CPO PREM IR MAINTENANCE 12 ea 25.000 300.00 51 CPO PREM PDR ACCOUNT 60 ea 10.000 600.00 52 CPO PREM PDR ITM STORED 2 MTH 38,912 ea 0.020 778.24 53 CPO PREM RESEARCH ITEM 63 ea 0.000 0.00 54 CPO PREM PER IMAGE ACCESS 133 ea 0.100 13.30 55 CPO WIRE PAYEE ADVISING 1 ea 0.250 0.25 56 CPO GPS RPT/CONFIRMS 6 ea 0.250 1.50 57 RETURNS -ERIN 99 ea 1.000 99.00 58 RETURNS-CHARGEBACK 200 ea 2.000 400.00 59 RETURNS-RECLEAR 228 ea 2.000 456.00 60 RETURNS-RECLEAR SERVICES 60 ea 0.000 0.00 61 CKS DEP PRE -ENCODED ITEMS 130,361 ea 0.040 5214.44 Please note that these items will clear under the new description Image Deposited Item or IRD Deposited Item in the Future. Same cost of this line item. New descriptions but no addl volume in Part II. 62 CKS DEP UN -ENCODED ITEMS 43,941 ea 0.040 1757.64 63 CKS DEPOSITED FOREIGN ITEMS 121 ea 3.000 363.00 64 CKS DEP REJECTS 865 ea 0.500 432.50 Name of Proposer: Bank of America, N.A. Name of Proposer: Page 2 Page 554 of 830 PROPOSAL FORM B - BANKING SREVICES (UNBUNDLED) Item Service Description Estimated Unit of Annual Usage Measure /Volume Unit Price Total Price Alternative Name utilized by Bank 65 CARRIER DOC 9 ea 10.000 90.00 66 ACCOUNT MAINTENANCE 48 ea 5.000 240.00 67 DEBITS POSTED -OTHER 5 ea 0.030 0.15 68 PAPER DEPOSIT STATEMENT MAILED 12 ea 0.000 0.00 69 TFR MASTER ACCT MAINT 12 ea 20.000 240.00 70 TFR SUBSIDIARY ACCT MAI NT 24 ea 5.000 120.00 71 CHECKCOPY 22 ea 10.000 220.00 72 DEBITS POSTED -ELECTRONIC 1,277 ea 0.030 38.31 73 CREDITS POSTED -OTHER 1 ea 0.030 0.03 74 CREDITS POSTED -ELECTRONIC 13,081 ea 0.030 392.43 75 DEPOSIT ACCOUNT STATEMENTS 84 ea 0.000 0.00 76 JGCS TRANSACTION HISTORY 1 ea 0.000 0.00 77 DEPOSITORY+SUB ACCT MAI NT 48 ea 5.000 240.00 78 GENERAL CHECKS PAID TRUNCATED 6,007 ea 0.050 300.35 79 STOP PAY AUTOMATED< -12 MONTHS 107 ea 8.000 856.00 80 STOP PAY AUTOMATED>12 MONTHS 7 ea 8.000 56.00 81 GEN DISB CKS PD -IS FRT/BK IMG 6,204 ea 0.075 465.30 82 IMAGE ARCHIVE -90 DAYS 13,566 ea 0.000 0.00 83 IMAGE MAINTENANCE- DIRECT 96 ea 0.00 Please see Part II for details as the charge will be for the volume of 12 annually. Item clarified in Part ll. 84 NONRELATIONSHIP CUST CK CASHED 224 ea 0.000 0.00 85 DIRECT STOP PAY INQUIRY 8 ea 0.500 4.00 86 DIRECT ACCOUNT TRANSFER 5 ea 1.000 5.00 87 WLBX IMAGE WEB MAINTENANCE 24 ea 25.000 600.00 88 WLBX IMAGE LBX MAINT 24 ea 50.000 1200.00 89 WLBX DEPOSIT PREP PER DEPOSIT 658 ea 1.000 658.00 90 WLBX COURIER DELIVERY OF PKG 24 ea 71.570 1717.68 *Pass-through Postal Charge, Estimate based on the last 12 months cost volume for both WLBX's. Subject to change. 91 1WLBX CORRESPONDENCE 1,770 ea 1 0.100 1 177.00 92 JWLBX FOREIGN ITEM flea 1 10.000 1 10.00 Name of Proposer: Bank of America, N.A. Page 3 Name of Proposer: Page 555 of 830 PROPOSAL FORM B - BANKING SREVICES (UNBUNDLED) Item Service Description Estimated Unit of Unit Price Total Alternative Name utilized by Annual Usage Measure Price Bank /Volume 93 WLBX DATA CAPTURE 127,472 ea 0.000 0.00 94 WLBX DOCUMENT RETURN PKG PREP 12 ea 10.000 120.00 95 WLBX REJECT & CD ONLY PKG PREP 12 ea 0.000 0.00 96 WLBX IMAGE PROC PER ITEM 10,586 ea 0.100 1058.60 97 WLBX DOCUMENTS RETURNED 3,912 ea 0.000 0.00 98 WLBX UNIDENTIFIED MAIL PROC 1 ea 10.000 10.00 99 WLBX ONLINE RETENTION 2 MO 20,720 ea 0.020 414.40 100 WLBX HARDCOPY OR ADD'L REPORT 4 ea 10.000 40.00 101 WLBX WALK-IN COURIER MAIL PKG 47 ea 0.000 0.00 102 WLBX DUAL SIDED IMAGE MAINT 12 ea 25.000 300.00 103 WLBX IMAGE DOCUMENTS IMAGED 41,182 ea 0.020 823.64 104 WLBX IMAGE CD-ROM PER DISC 30 ea 5.000 150.00 105 WLBX IMAGE WEB PER IMAGE 41,182 ea 0.000 0.00 106 jWLBX NON -DEPOSITABLE TRANS 262 ea 0.100 26.20 107 RTLBX MONTHLY MAINTENANCE 12 ea 175.000 2100.00 "Will read as "3RD PARTY LOCKBOX SERVICES" on the City's account analysis statement as one line item. We will apply the previous month of Bi112Pay items through. We will then send you separate detailed break down of retail lockbox items each month. This applies to line items 107- 121 108 RTLBX ITEMS -MATCHED 20001- 50000 0 ea 0.350 0.00 (unit price to be provided in the event usage patterns 109 RTLBX ITEMS -MATCHED 50001- 250000 68,429 ea 0.220 15054.38 110 RTLBX ITEMS -MATCHED 250001+ 0 ea 0.120 0.00 (unit price to be provided in the event usage patterns change 111 RTLBX ITEMS -MATCHED 1-20000 0 ea 0.500 0.00 (unit price to be provided in the event usage patterns change 112 RTLBX ITEMS -UNMATCHED 3,963 ea 0.220 871.86 113 RTLBX ITEM -MULTIPLE 12,268 ea 0.220 2698.96 114 RTLBX ITEM CHECK ONLY 45,615 ea 0.220 10035.30 115 RTLBX REJECTS- CORRESPONDENCE 816 ea 0.220 179.52 116 RTLBX CASH HANDLING 3 ea 0.000 0.00 117 RLBX EXPEDITED DEPOSIT- EXPRESS 19 ea 0.000 0.00 118 RTLBX PO BOX RENTAL 1 ea 1140.000 1140.00 Pass through cost, estimated at $95 per month, $1140 annually. Subject to change. 119 RTLBX CD ROM MONTHLY MAINT 24 ea 150.000 3600.00 Monthly/daily image file and online access 120 RTLBX DATACOM -TRANS 12 ea 0.000 0.00 121 RTLBX IMAGE ARCHIVE <5 USERS 206,083 ea 0.000 0.00 122 CPO GP MTHLY MAINT BASIC 12 ea 0.000 0.00 Name of Proposer: Bank of America, N.A. Page 4 Name of Proposer: Page 556 of 830 PROPOSAL FORM B - BANKING SREVICES (UNBUNDLED) Item Service Description Estimated Unit of Unit Price Total Alternative Name utilized by Annual Usage Measure Price Bank /Volume 123 ELEC WIRE OUT -DOMESTIC 247 ea 5.000 1235.00 124 ELEC WIRE OUT -BOOK DB 13 ea 1.000 13.00 125 INCOMING DOMESTIC WIRE 50 ea 5.000 250.00 126 WIRE ADVICE -PHONE 1 ea 12.000 12.00 127 CPO GP CUST MNT TEMP STORAGE 221 ea 0.500 110.50 128 BOOK CREDIT 7 ea 1.000 7.00 DEPOSIT BAGS: 129 TWO SIDED MEDIUM 200 ea 24.000 4800.00 QBD 9" x 12", Per Box 100 bags per box. Passthrough from Harland Clark, subject to change. 130 TWO SIDED LARGE 300 ea 49.000 14700.00 QBD 11"x 14", Per Box 100 bags per box. Passthrough from Harland Clark, subject to change. 131 SINGLE POCKET COIN 200 ea 48.000 9600.00 CoinSafe 25 Ib. w/Handle, Per Box 100 bags per box. Passthrough from Harland Clark, subject to change. 132 FDIC Insurance Per Thousand (Monthly 12 ea 0.000 0.00 "Waived upto.13%, Rate) please see disclosures for details. 133 Gift Card Service Fees 1-29 Cards 25 orders 0.000 0.00 Explain Unit of measure: 134 Gift Card Service Fees 30 - 50 Cards 25 orders 0.000 0.00 Explain Unit of measure: 135 Gift Cards Service /Shipping Fee 1- 100 6 orders 0.000 0.00 cards 136 Training/Project Implementation Services for 1 job 0.000 0.00 'New services proposed new account but not listed or suggested at this time in this RFP may be subjec tto an implementation fee. Fee's pertaining to suggested additional products are located in Part II. Also please see disclosures for details. 137 Deposit Receipt Books 12 ea 21.000 252.00 200 Triplicate, Bookbound Deposit Slips per Order. Passthrough from Harland Clark, subject to change. PART I GRAND TOTAL 99,361.29 Name of Proposer: Bank ofAmerica, N.A. Clarify bags or orders? Page 5 Name of Proposer: Page 557 of 830 PROPOSAL FORM B - BANKING SERVICES (UNBUNDLED) PART II - OTHER CUSTOMARY ROUTINE BANK FEES CHARGED PER SCOPE OF WORK NOT INCLUDED IN PART I (INCLUDE ANYALTERNATE SECONDARY METHODS IDENTIFIED AND THE ASSOCIATED FEE IF DIFFERENT THAN PRICING IN PART 1) List all that apply -Additional list included as attachment Yes X No ❑ If no additional fees op -Scone of Work check here r1 Item Service Description Unitof Estimated Annual Measure Unit Price Usage /Volume Total Price 1 CPO ACCT ANALYSIS MODULE 2 IMAGE MAINTENANCE - DIRECT *Charged for the 1st account 3 IMAGE MAINTENANCE -DIRECT *0 for each additional account. 4 WLBX CASH TRANSACTION 4 WLBX MINIMUM CHARGE 5 WLBX WALK-IN COURIER PKG ITEM 6 WLBX CARD PAYMENT REJECT 7 IMAGE RETRIEVAL BA DIRECT/CPO PREM PER IMAGE ACCESS 8 TRANSMISSION MAINTENANCE *No charge for ICL associated with Bi112Pay only. 9 ICL SETUP &TESTING *No charge for ICL associated withBi112Pay only. 10 ICL ADD'L SETUP -TESTING *No charge for ICL associated with Bi112Pay only. ea 0.000 12 0.00 ea 10.000 12 120.00 ea 0.000 84 0.00 ea 15.000 1 15.00 ea 0.000 12 0.00 ea 1.000 72 72.00 ea 1.000 144 144.00 ea 0.100 72 7.20 ea 0.000 12 0.00 ea 0.000 1 0.00 ea 0.000 1 0.00 PART II GRAND TOTAL 358.20 Incidental or Optional Items Part Il (continued) COLL OVERDRAFT INTEREST CHARG*Subject to change, please see disclosures for details. Prime +4 GCS MANUAL INFO REPORTING 0.000 3RD PARTY LOCKBOX SERVICES *For Retail Lockbox Total.. See Part I for details & cost. AGENT ASSIST LBX DEP INQUIRY 0.000 IMAGE DEPOSIT *Currently uses Image Transmission Deposit -Retail LXBX items 0.250 OSS -STOP PAYMENT 0.000 DEPOSIT CORRECTION -ICL 1.000 OSS -PHOTOCOPY 0.000 IRD DEPOSITED ITEMS- ICL *Currently uses CKS DEP PRE -ENCODED ITEMS -Retail LXBX 0.040 OSS -STATEMENT COPIES 0.000 IRD DEPOSITED ITEMS- ICL *Currently uses CKS DEP PRE -ENCODED ITEMS -Retail LXBX 0.040 OSS -ACCOUNT TRANSFER 0.000 ACH OPTIONAL REPORTS -FAX 2.000 VRU-STATEMENT COPIES 10.000 ACH TRANSMISSION SETUP/TEST 0.000 VRU-ACCOUNT TRANSFER 1.000 ACH SETUP 0.000 FACSIMILE TRANSMISSION 5.000 ACH LV ON US ITEMS 1.500 FASCIMILE TRANSMISSION - VRU 0.000 ACH LV OFF US ITEMS 2.500 DDA STATEMENT ON CD ROM 10.000 ACH LV -MONTHLY MAINTENANCE 10.000 DEPOSITORY+ MASTER ACCT 20.000 ACH POSITIVE PAY ACCT MAINT 20.000 GENERAL CKS PAID -NOT 0.250 CD ROM HISTORY 0.060 CONTROLLED DISB 75.000 ARP FULL PPAY MAINT PAPER RPT 50.000 CONT DISB CKS PD -IS FRONT IMG 0.170 ARP FULL PPAY INPUT PER ITEM 0.030 CONT DISB CKS PD -IS FRT BK 0.180 ARP DUP/ADD'L REPORTS 5.000 GEN DISB CKS PD -IS FRONT IMG 0.170 ARP ADD'L/DUP REPORTS 5.000 CONT DISB CKS PAID- 0.100 ARP STALE DATE MAINT 50.000 CONT DISB CKS PD -NOT 0.250 ARP MAX DOLLAR MAINT 50.000 CONT DISB-FUNDING CREDITS 1.000 ARP MANUAL ISSUE INPUT ITEM 1.000 STOP PAY AUTOMATED -12 8.000 ARP REPORT ON CD ROM 5.000 STOP PAY AUTOMATED > 12 8.000 ARP PPAY MAINT-NO RECON 20.000 STOP PAY REISSUE -12 MTHS 8.000 PAYEE POSITIVE PAY -ISSUE MATCH 0.020 STOP PAY REISSUE>12 MTHS 8.000 PAYEE POSITIVE PAY -SEAL MATCH 0.020 STOP PAY MANUAL -12 MONTHS 20.000 PAYEE POSITIVE PAY -CK REJECTS 1.000 CASHIER CHECKS/OFFICIAL 7.500 PAYEE POSITIVE PAY MAINT 5.000 MONEY ORDERS 5.000 ARP PPAY NO RECON INPUT ITEM 0.020 DISBURSEMENT CHECK REJECTS 1.500 TELLER PPAY ISSUE NOT FOUND>1 % 10.000 GCS -STOP PAYMENT 0.000 BANK BY MAIL DEPOSIT 5.000 GLOBAL ADVICE REC PER 1.000 DEPOSIT TRACKING/REPORTING 4.000 GLOBAL ADVICE RECEIVING 25.000 DEPOSIT TRACKING PER LOCATION 2.000 ICL SETUP & TESTING 100.000 ENVELOPE DEPOSIT -DETAIL 1.000 ICL ADD'L SETUP -TESTING 200.000 ENVELOPE DEPOSIT -NO DETAIL 1.000 TRANSMISSION MAINTENANCE 200.000 COIN SUPPLIED -STD BAG-VLT 2.000 WLBX USPS 1ST CLASS MAIL 0.450 CURRENCY SUPP/$100-NONSTD-VLT 0.080 ELEC WIRE OUT -USD INTL 28.000 NON STD BAG SURCHARGE 2.000 INCOMING USD INTL WIRE 14.000 COIN SUPP ROLL -BOX BKG-CTR 0.080 MANUAL WIRE OUT -USD INTL 45.000 DUP DEP CORRECTION NOTICE 3.000 ELEC WIRE OUT -USD INTL-CHG 30.000 COIN DEPOSIT -STD BAG-VLT 1.500 ELEC WIRE OUT-INTL FX-CHG 33.000 COIN SUPPLIED/ROLL-VLT 0.050 BANK ASSISTED WIRE -USD INTL 60.000 COIN SUPP/ROLL-BOX-VLT 0.050 BANK ASSISTED WIRE -FX INTL 60.000 DEP CORRECTION PHONE CALL 5.000 BANK ASSISTED DRAFT -FX INTL 60.000 CURRENCY SUPP/$107STD-VLT 0.050 INCOMING FX INTL WIRE 12.000 DEP CONDITIONING-SURCHG-VAULT 5.000 INCOMING FX INTL WIRE-CHG 0.000 NON STD BAG SURCHARGE-BKG CTR 3.000 MAN WIRE OUT -USD INTL-CHG 45.000 SAFE CONNECT CURRENCY DEP-$100 0.010 PAYMODE CON MTHLY LICENSE 100.000 SAFE CONNECT DEPOSIT 0.000 PAYMODE CON TRANSACTION 0.060 SAFE CONNECT SERVICES 100.000 OD ITEMS PAID/RETURNED 45.000 FAX NOTIFICATION-RECEIPT-VLT 0.000 NSF ITEMS PAID/RETURNED 45.000 FAX NOTIFICATION-DCN-VLT 0.000 PAYMODE CON RETURN 1.500 CHANGE ORDER-AUTO-VLT 2.000 PAYMODE CON REVERSAL 1.750 MAIL NOTIFICATION-DCN-VLT 0.500 DEPOSIT CORRECTION- RDS 1.000 MAIL NOTIFICATION-RECEIPT-VLT 0.500 REMOTE DEP-ACCOUNT 10.000 CHANGE ORDER-STANDING-VLT 2.000 REMOTE DEP CK IMAGE 0.020 WIRE MODULE MAINTENANCE 0.000 IRD DEPOSITED ITEMS-RDSO 0.100 CPO EDI ACCESS 1.000 IMAGE DEPOSITED ITEMS-RDSO 0.050 CPOACCELERATE MTHLY FEE 200.000 HIGH VOLUME SCANNER MAINT 25.000 CPO PREM PDR ITM STORED 12 MTH 0.020 MED VOLUME SCANNER MAINT 15.000 CPO PREM CDR ACCOUNT 10.000 ELEC WIRE OUT -DRAW REQ 5.000 Page 6 Name of Proposer: Page 558 of 830 CPO PREM CDR ITEM 0.050 ELEC DRAW REQ OUT -REPAIR 5.000 CPO ARP POSITIVE PAY NOTIF 0.000 PHN WIRE REPEAT TEMPLATE 3.000 CPO INCOMING WIRE NOTIF-EMAIL 0.500 PHN WIRE REPT TEMPLATE 1.000 CPO ACH NOTIFICATIONS 0.250 IVR -WIRE OUT-USD-INTL 40.000 RETURNS -COURTESY CALL PER ITEM 2.000 IVR -WIRE OUT -DOMESTIC 10.000 RETURNS -DAILY CALL NOTIF 10.000 IVR -WIRE OUT -BOOK DB 2.000 RETURNS -SPECIAL HANDLING 1.000 IVR -WIRE OUT -DRAWDOWN 10.000 RETURNS -MAKER REQUIRED 0.300 ELEC WIRE OUT -DOMESTIC 5.000 RETURNS -ALTERNATE ACCT 0.600 STANDING ORDER TFR-BOOK 5.000 RETURNS -ALTERNATE ADDRESS 0.650 STANDING ORDER TFR-DOM 12.000 RETURNS-DUP ADVICE 0.650 BANK ASSISTED WIRE -BOOK DB 10.000 RETURNS -SINGLE ITEM ADV 0.650 MANUAL WIRE BOOK DEBIT 5.000 RETURNS -STORE PROCESSING 0.500 WIRE OUT -DRAWDOWN 15.000 LARGE ITEM RETURNED 5.000 MANUAL DRAW REQUEST -OUT 10.000 CKS DEP REJECT CASH LTR 1.000 WIRE ADVICE -MAIL 2.500 MANUAL ACCOUNT TRANSFER 5.000 WIRE ADVICE -FAX 6.000 DIRECT DDA STMT PER ACCT 0.000 DOMESTIC WIRE INVESTIGATION 20.000 ZBA MASTER ACCOUNT MAINT 20.000 ELEC WIRE BK MNT TEMP 0.500 ZBA SUBSIDIARY ACCOUNT MAINT 5.000 BANK ASSISTED DOMESTIC WIRE 60.000 TFR+ MASTER ACCT MAINTENANCE 20.000 INCOMING USD INTL WIRE-CHG 14.000 ELECTRONIC CHECK DEPOSIT 0.150 GCS -BANK ASSISTED WIRE 0.000 ACCOUNT RESEARCH 20.000 MANUAL ACCOUNT TRANSFERS 10.000 PART III - PAYMENT OF BANKING FEE RFP PART 2-2. ITEM E - FEES/MONTHLY BILLING FOR SERVICES 1.What is the percent credit for the average daily balance that is applied to bank fees for the month We recommend the City utilize Earnings Credit to manage offsetting the City's fee's each month. We are happy to offer an Earnings Credit Rate of .50% (Floor rate, (life of the contract), or alternative ECR based on 95% of Fed Funds Effective (FFE). The City may alternate from your Floor rate to your index rate at your discretion during the initial contract term. As market conditions improve we will continue to monitor the available options and recommend the City take advantage of the most advantageous options. 2.What is the calculation and the rate for the compensating balance that is applied to bank fees for the month. The Earnings Credit Rate (ECR) on your account is used to calculate your Earnings Allowance, which is based on your average investable balance The ECR is applied to the monthly average positive collected balances net of reserve requirement (investable balance). As of March 1, 2009, the reserve requirement is zero percent. This may be changed at any time. Specifically, the formula for calculating earnings is: Investable Balance x ECR x Days in Month Number of Days in the Year Name of Proposer: Bank of America. N.A. Name of Proposer: Page 6 Page 559 of 830 PROPOSAL FORM B — BANKING SERVICES (UNBUNDLED) PART IV - RATES 1 Assumed Effective Federal Funds Rate % ECR Contract Option: 95 PFIC (Interest Bearing) FFE: N/A 2 Fixed Adjustment Factor: Plus number of basis points + N/A or minus number of basis points - N/A 3 What rate will the bank use in applying interest credit to the City's deposits in the master operating account? Due to the current rate environment we are recommend the City utilize the higher rate in earnings credit of .50% (See Part 111 #1 for details) vs. traditional interest for your Operating Funds. However we are happy to offer the City the contract PFIC floor rate of. 10% should the City choose to remain with the interest bearing option. Provide the following information for earnings on deposits. 4 What rate will the bank use in applying interest credit to the City's money market deposits? 0.10% We're delighted to offer the City a PFIC rate for excess/Money Market balances at a .10% floor (Life of the contract). The District can alternate your investment rate option in your operating account at your discretion during the Notes/clarification: initial contract term. As market conditions improve we will continue to monitor the available investment options while leveraging the knowledge and expertise of our Global Liquidity Investment partners and recommend the City take advantage of the most advantageous options. 5 Overdraft Protection: Daylight Overdraft Line (DOL) Bank of America would consider a daylight overdraft line (DOL) based on the relationship established by the City with the Bank. The amount of the line of credit would be determined based on the Bank's standard underwriting and approval process taking into consideration the financial condition of the City. Notes/Clarification: There is no fee to have the line in place but once it is automatically drawn upon ..in the event the City goes into an uncollected balance position, the Overdraft Interest Charge (Details listed below in Part IV, Section 6) and Overdraft fee's will apply. 6 Insufficient Funds - Rate to be charged when collected funds are insufficient to cover cleared items. Rate: 1%) 7.25% or Prime +4 'Subject to change, please see disclosures for details. Other Index Per Item Charge $45 'Please see "Incidental or Optional Items Part 11 (continued)" Name of Proposer: Bank of America, N.A. Page 9 Name of Proposer: Page 560 of 830 PROPOSAL FORM B— BANKING SERVICES (UNBUNDLED) PART V - ANTICIPATED FUTURE SERVICES PRICE PROPOSAL (OPTIONAL SERVICES) INSTRUCTIONS FOR FUTURE SERVICES FEE PROPOSAL For each area listed, provide a summary /description of your services/operations along with the fee for such services The City has made efforts to keep up with cash management technological improvements and plans to continue to expand functions in this area with the contracted bank. The bank should provide details on available services including related applicable costs to the City. The City may elect to utilize any, all, or none of these services during the contract period. The City's use of any optional services will be contingent on cost and feasibility. Detail services that you offer, summary of the program and any fees / costs associated with the service. Specific services that are anticipated for the future are and a proposal is requested are for: a) Debit card form of payment for services. Summary N/A Pricing: N/A b) ACH payments to vendors. Summary The City is welcome to continue to grow and expand your current ACH payment program to The following line items apply below. Pricing: vendors. Per Item Cost Remote De ost Online Ima a Cash Letter ACH MONTHLY MAINTENANCE (per type of transaction -Company ID 10.00 DELETE/REVERSAL BATCH/FILE 50.00 ACH INPUT-ECHANNEL or ACH INPUT -FILE 5.00 ACH NOTIF OF CHANGE NOC 2.00 ACH CORPORATE ON US CREDITS 0.03 ACH STANDARD REPORTS -FAX 3.00 ACH CORPORATE OFF US CREDITS 0.03 ACH STANDARD RPTS- ELECTRONIC 0.50 ACH TRANSMISSION SETUP/TEST 000 ACH OPTIONAL REPORTS -FAX 200 ACH SETUP 000 ACH DELETE/REVERSAL 5.00 1.00 MED VOLUME SCANNER MAINT ACH RETURN ITEM 2.00 c) Cash receipts/check imaging Bank of America recommends the City collect their cash and check receivables faster by uhloing a combinations of the following solutions: Remote Deposit Online, Image Cash Letter, and Safe Summary Connect service. We also have additional details about these solutions in our RFP response. We have consolidated the pricing for these services below. Wo DEPOSIT DEPOSIT d) Direct pay for payroll as a substitute to direct depositor issuing checks Summary Bank of America is happy to offer the City our solution of Cash Pay for your employee's in lieu of a payroll check We have included details about this service within our RFP response. Pricing: I e) Payment collection gateway Summary Bank ofAmerica is happy to discuss the different collection gateway options available to the City. We have discussed this solution within our RFP response. Please see attached Pricing for our Payment Collection Gateway solution. This is a Partof the State Pricing: of Florida Merchant Services Contract. f) Remote Deposit Capture Bank of America has proposed our Image Cash Letter and Remote Deposit Solutions to the City. This will speed Summary up your collection of funds while creating a savings by eliminating trips to the bank as well as the cost of supplies such as deposit tickets and deposit bags. Details about these solutions are within our RFP response. The pricing is listed below. D—irutim, Per Item Cost Desvi tion Per Item Cost Remote De ost Online Ima a Cash Letter MACE DEPOSIT 0.25 TRANSMSSION VANTENANCE(Mbnthly) 200.00 REMOTE DEP-ACCOUNT MAINTENANCE 10.00 IM GE DEPOSIT 0.25 REMOTE DEP CK IMAGE PROCESSING 0.02 DEPOSITCORRECTlCN-ICL 1.00 IRD DEPOSITED ITEMS-RDSO 0.10 IRD DEPOSITED ITEMS -ICL 0.04 IMAGE DEPOSITED ITEMS-RDSO 0.05 IRD DEPOSITED ITEMS -ICL 0.04 HIGH VOLUME SCANNER MAINT 25.00 CKS DEP REJECT CASH LTR 1.00 MED VOLUME SCANNER MAINT 15.00 ICL SETUP&TESTING 100.00 DEPOSIT CORRECTION -RDS 1.00 ICL ADD'L SETUPTESTING200.00 g) Line of Credit — Provide fees for a Line of Credit of $10 million for an emergency Bank of America would consider a line of credit based on the relationship established by the City with the Bank. The amount of the line of credit would be determined based on the Bank's standard underwriting and approval process taking into Summary consideration the financial condition of the City and the proposed security pledge. The line of credit would be subject to an annual fee determined by the Bank upon approval and underwriting of the proposed credit facility. A term sheet for a line of credit would be issued upon final credit approval. Pricing: N/A Name of Proposer: Bank of America. N.A. Page 8 Name of Proposer: Page 561 of 830 PROPOSAL FORM B — BANKING SERVICES (UNBUNDLED) h) Other as provided by Proposer Bank of America is happy to continue offering the City our Summary: Safekeeping Solutions. We have attached our Safekeeping Fee's. Pricing: i) Other as provided by Proposer Summary: Pricing: j) Other as provided by Proposer Summary: Pricing: k) Other as provided by Proposer Summary: Pricing: Additional other applicable services may be submitted as an attachment. Attachment submitted: Yes X No❑ Name of Proposer: Bank of America, N.A. Page 9 Name of Proposer: Page 562 of 830 Bank of America Offer Summary In addition to our banking services line items cost on the previous pages, detailed below is a completed offering of our comprehensive and competitive offer. We recommend the City utilize compensating balances and Earnings Credit Rate (ECR) approach to offset/eliminate banking service fees for the City going forward. Earnings Credit Rate (ECR), diversified investments, and maximized earnings - With our competitive ECR of .50% floor rate (Life of the contract), or alternative ECR based on 95% of the Fed Funds Effective rate (FFE), the City can offset all banking services fees with balances. The City may alternate from your floor rate to your index rate at your discretion during the initial contract term. As market conditions improve we will continue to monitor the available options and recommend the City take advantage of the most advantageous options. Public Funds Interest Checking (PFIC) - We're delighted to offer the City an PFIC rate for money market balances at a .10% floor (Life of the contract). As market conditions improve we will continue to monitor the available investment options while leveraging the knowledge and expertise of our Global Liquidity Investment partners and recommend the City take advantage of the most advantageous options. Loyalty Credit - As the City's current financial provider we'd be honored to have the opportunity to continue our relationship. If selected we'd like to offer a "Loyalty Credit" of $25,000 in account analysis credit to be utilized within the 1st year of said contract. "Free" Remote Deposit Service Online (RDSO) Scanner - We're pleased to offer the City "Free" TS -240 medium volume scanners ($785 value, for each location that meets the minimum qualifications) with the initial implementation of our Remote Deposit Service Online solution. We appreciate the City's interest in enhancing their ability to process with image and take advantage of the extended deposit times offer with the RDSO solution. Dedicated Service Advisor - Sarah Snyder, will continue as the City's Dedicated Service Advisor. Sarah will continue to ensure that the City receives superior service. Should Sarah not be available her dedicated government backup, whom is equally familiar with the City's day-to-day service needs, will be available to assist you. Cost of switching banks - By maintaining your relationship with Bank of America, the City can continue your banking and cash management services without disruption or testing — which will allow you to avoid time consuming and costly conversion processes across all services. The cost to convert a complex account structure such as yours could be thousands of dollars and should certainly be considered during the selection process. With our continued partnership we can focus our efforts and energy on implementing expanded services and treasury enhancements that will provide the City with efficiencies and increased cash flow. Within our proposal, we are pleased to provide details regarding enhancements that the City may consider as complementary services to the banking solutions you have in place today. Page 563 of 830 Fee Disclosure: Bank of America has endeavored to provide the City of Boca Raton with a comprehensive fee schedule based on your current services. Given the number of services and product options available to our clients, it is difficult to determine or anticipate all products and services that may be applicable to the City for future enhancements. Therefore, banking services utilized but not specifically referenced in this proposal will be charged for and appear on the City's monthly analysis statements. Pricing for future enhanced services is often based on multiple factors and can often be more aggressively priced if we understand the total scope of services desired and the associated volumes. Therefore, it is most advantageous for the City to allow mutually negotiated pricing for enhanced solutions to be provided upon mandate and prior to set-up. FDIC assessment is a pass thru charge and subject to change at any time. We are currently waiving up to .13% for the term of your contract. The Reserve Rate, historically at 10%, is currently at zero, but subject to change without notice. The Earnings Allowance Rate (EAR) on your account is used to calculate your Earnings Allowance, which is based on your average investable balance. Your EAR may vary; and, at our discretion, we may change this rate at any time. When determining the EAR rate, Bank of America considers a number of prevailing market indicators. The Collected Overdraft Interest Charge Rate on your account is used to calculate your Collected Overdraft Interest Charge, which is based on your negative collected balance. The rate on your account may vary; and is subject to change. When determining this rate, Bank of America considers a number of factors and generally bases this rate on our Prime Rate plus a margin. The margin may change periodically. It is the responsibility of the City of Boca Raton to review their monthly analysis statement and notify Bank of America of any discrepancies within 45 days of receipt of the analysis statements. Once the City contacts Bank of America, the discrepancies and/or additional charges can be reviewed and a mutually agreed upon price can be applied for these services. Additional information regarding pricing or fees may be obtained from your Bank of America representative. Supplies: Deposit supplies such as deposit slips, endorsement stamps and bags are provided at cost plus shipping and handling, and are subject to change without notice. These supplies can be order through our Client Services Center or a vendor of the City's choice. o Deposit tickets/slips vary depending upon type. The cost begins at $26. o Endorsement stamps (self -inking) start at $24. o Deposit bags (plastic, disposable, tamper -evident) vary according to style and size and are shipped 100 per box, starting at $24. o Coin and currency wrappers are shipped 1,000 per box, starting at $10. o Envelopes are not provided by the bank or its vendor Harland Clarke. Page 564 of 830 6.H. Consent Agenda 4/20/2021 Requested Action by Commission: Proposed Resolution R21-040 - Authorize the City Manager to execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services. Not to exceed amount of $25,000.00. Explanation of Request: AGREEMENT TERM: April 21, 2021 through April 20, 2022 1 n compliance with the Americans with Disabilities Act, one of the ways in which the City provides equal access to programs, services and activities is by providing an American Sign Language interpreter for individuals who are deaf and require an ASL Interpreter for effective communication on an "as needed" basis. The City initially entered into agreement with these two firms in December 2016 and providing interpreter services has proven to be beneficial to our community; e.g., all Commission meetings use these interpreter services. These agreements may be extended for one-year term effective April 20, 2022 and may be cancelled by either party with a thirty (30) day notice. How will this affect city programs or services? By renewing agreements with these two firms, the City will ensure interpreter services for all meetings, events, and education programs as needed. Fiscal Impact: Budgeted On November 3, 2015, the City Commission approved changes to Ordinance 15-029 amending Section 14-9, "Disabled Parking Space Violation" providing two-thirds of the fines collected to be used to improve accessibility and equal opportunity to qualified physically disabled persons using City facilities. The collected fines will provide the funding to use interpreters as requested. The WAG Group charges $150/hour for the first two hours and $70/hour for each hour thereafter. Nationwide Interpreter Services charges $180/hour for the first two hours and $90/hour for each hour thereafter. The City's expenditure for these services to date: $13,010. The City's expenditure for these services in FY 2020: $22,355 Alternatives: Not approve the interpreter agreements and issue a solicitation for these services. Strategic Plan: Strategic Plan Application: Page 565 of 830 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D Ag ir'E�'E) rTIE) 111 t D Ag ir'E�'E) rTIE) 111 t Description RE)SOkAboin appiroviing A&I..... I11['ItE)rpir'EsItilng Ag r'E)E)irT1E)1['1 tS ME) VV I:::) (.,)ir'0L.J1p Agir'E)E)irT1E)1['1t �N I R Agir'E)E)irT1E)1['1 t Page 566 of 830 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 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR AGREEMENT WITH THE WAG GROUP AS PRIMARY VENDOR AND A ONE-YEAR AGREEMENT WITH NATIONWIDE INTERPRETER RESOURCE AS A SECONDARY VENDOR FOR AMERICAN SIGN LANGUAGE INTERPRETING SERVICES IN AN AMOUNT NOT TO EXCEED AMOUNT OF $25,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in compliance with the Americans with Disabilities Act, one of the ways in which the City provides equal access to programs, services and activities is by providing an American Sign Language interpreter for individuals who are deaf and require an ASL Interpreter for effective communication on an "as needed" basis; and WHEREAS, the City initially entered into agreement with these two firms in December 2016 and providing interpreter services has proven to be beneficial to our community; e.g., all Commission meetings use these interpreter services; and WHEREAS, by renewing agreements with these two firms, the City will ensure interpreter services for all meetings, events, and education programs as needed; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve and authorize the City Manager to execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services in an amount not to exceed amount of $25,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RBSO\Agreements\ASL Interpretting Agreements - Reso.Docx Page 567 of 830 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 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 Section 2. The City Commission hereby approves Authorize the City Manager to execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services in an amount not to exceed amount of $25,000.00, copies of which are attached hereto as Exhibits "A" and "B" respectively. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RBSO\Agreements\ASL Interpretting Agreements - Reso.Docx VOTE YES NO Page 568 of 830 WAGGRO�,,,,,YP ... CONNECTING PEOPLE, PLACES AND THINGS ... ASL INTERPRETING SERVICES AGREEMENT This agreement between The City of Boynton Beach and The WAG Group, a Florida Corporation, for professional American Sign Language interpresting services to be provided by The WAG Group. RATES: The services hired are for The Wag Group to provide professional ASL interpreteing services, as needed* and ADA/ASL Education for employees as requested by the City of Boynton Beach at the agreed upon rate of $150.00 per hour, with a two hour minimum, per event, per interpreter, and a rate of $70.00 per hour for every hour thereafter. Additionally, The WAG Group will invoice The City of Boynton Beach for expense including mileage for events outside Palm Beach County only, parking costs, admission to contracted events. *Any event lasting for more that two (2) hours will facilitate the need of at least two (2) interpreters, and may require more interpreters, depending on the scope of the event, and by mutual agreement between the City of Boynton Beach and The WAG Group. CANCELLATION POLICY: The WAG Group will contract each event as requested and invoice on a per event basis, as hours and expenses are incurred. Cancellation of an assigned event less than two (2) business days will be billed out at 50% of the 2 hour minimum contracted price for as many interpreters that had been contracted. AGREEMENT TERM: This agreement is in effect from April 21, 2021 thru April 20, 2022, and may be extended with both parties approval for one (1) year term beginning April 20, 2022. This agreement may be terminated by either party at any time with thirty (30) days written notice. Any monies due to The WAG Group at the time of termination will be due in full within 30 days of termination. The WAG Group will not be held responsible for the content of any and all presentations / conversations that our interpreters may be hired to interpret for The City of Boynton Beach. 312 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-4225 I mrstevewag1 c@aoll.corn Page 569 of 830 Boynton Beach WAGGRO,,,,,YP ... CONNECTING PEOPLE, PLACES AND THINGS ... Agreement, April 21, 2021 — April 20, 2022 WA PAYMENT TERMS: Balance Due in U.S. Dollars only by Corporate Check, Cashier's Check, or Money Order within 30 days of billing. Unpaid balances will incur an interest rate equal to 11/2% per month on any unpaid balance. 1. The WAG Group will keep and maintain public records required by the CITY to perform the services. 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. 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 completition 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. 4. 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. 5. IF THE CONTRACTOR HAS ANY QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E Ocean Avenue 561-742-6061 CITYCLERK@BBFL.US Page 570 of 830 Boynton Beach WAGGRO,,,,,YP ... CONNECTING PEOPLE, PLACES AND THINGS ... Agreement, April 21, 2021— April 20, 2022 -3- By executionof this Agreement, inaccordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that boycott list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sectorl-ist, or has Contractor been engaged in business opertions in Syria. Subject to limited exceptions provided in state law, the city will notcontract for the provision of goods or services with any scrutinized company referred to above. Submitting a false cetification shall be deemeda materialbreach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certifiction. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during theactive contract term., Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error thenthe City shall have the right to terminate the contract and seekcivil remedies pursuant to Section 287-135, Florida Statutes, as amended from time to time. 312 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-4225 I rmrstevewagI c@xaoll.corn Page 571 of 830 Boynton Beach WAGGRON,,,,,YP... CONNECTING PEOPLE, PLACES AND THINGS ... Agreement, April 21, 2021 — April 20, 2022 The Agreement will take effect once signed by both parties. This Agreement may besigned bvthepartiesincounterpartsvvhichtogethershaUconstitute one and the same agreement among the parties A facsimile signature shall constitute on original signature for all purposed. | have read,L acknowledge, and agree tothe terms and conditions ofthis agreement between The City of Boynton Beach and The WAG Group. Signature (for the City of Boyton Beach ) Approved AsToForm: City Attorney Signature (for The WAG Group) 31 2Greenbrier A | wuu po/m Beach, Florida 33417 1 3oa 7uo'4 2 2s 1 m,ste.c.mu1 @oo/.cum Page 572 of 830 i I?PR FIN �� ' � � P.O. Box 272142 Boca Raton FL 33427 PH4:561-362-0594 FX: 561-362-9785 NationwidelnterpreterResource@gmail.com SERVICE AGREEMENT FOR SIGN LANGUAGE INTERPRETING SERVICES The undersigned client(s) (hereafter "client") hereby retain(s) Nationwide Interpreter Resource, Inc. (NIR), as his/her/their sign language interpreting service agency. While NIR will use its best efforts to provide qualified interpreter to client when requested, NIR cannot guaranty the availability of an interpreter at the date and time requested. Client will provide NIR with as much advance notice as possible to help assure the availability of an interpreter. RATES: As compensation for interpreting services, client agrees to pay an initial fee of $180.00 per interpreter for up to two (2) hours and $90.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the �/z ho@. Assignments beyond two (2) hours OR conference/legal/political/public hearing setting or HOA meeting or theatrical/stage or multiple deaf participants or deaf/blind require two (2) interpreters. AGREEMENT TERM: This agreement is in effect from Apri121, 2021 thru Apri120, 2022, and may be extended with both parties approval for one (1) year term beginning April 20, 2022. This agreement may be terminated by either party at any time with thirty (30) days written notice. EMERGENCY REQUESTS: For emergency (less than 24 business hour notice), weekend and after hours (before 9am or after 5 pm) and Tri -Lingual assignments, Client agrees to pay an initial fee of $210.00 per interpreter for up to two (2) hours and $105.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the �/z ho@. Client will be billed for total number of hours requested with a 2 hour minimum. If the assignment goes beyond scheduled time, client will be billed $105.00 each additional hour, per interpreter (billed on the �/z ho@ plus mileage at 56 cents per mile and parking fees. CANCELLATION POLICY: The fee shall be due and payable under all circumstances unless the assignment is canceled in the manner described below. Client will be billed following the assignment for interpreting services incurred. Assignments canceled less than one (1) business day prior to the assignment will be billed in full. For example, a Monday assignment at 9:00 am not canceled before Friday at 9:00 am of the prior week will be billed for the entire time of the assignment. PAYMENT TERMS: Client agrees that the invoices will be paid upon receipt and otherwise not beyond ten (10) days of the date of the invoice. Payment should be paid via credit card provided or if authorized mailed to the address indicated above. Prices stated are subject to change without notice. If services are rendered after price increase, Client is obligated to pay fee. In the event any collection efforts are commenced and NIR incurs attorneys' fees and costs, such attorneys' fees and costs shall be obligation of Client whether incurred in litigation or otherwise. Balances that remain unpaid after ten days from the date of the invoice shall bear interest at the rate of 18% pre annum. Any attorney fees and costs incurred in collection of delinquent sums shall be borne by Client. This Agreement may be signed by parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: NIR 90/105 Page 573 of 830 A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061. C YCLE L� L.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Nationwide Interpreter Resource, Inc. li 1 June B. Backer, as its President only Date: 4/8/21 NIR 90/105 Client: City of Boynton Beach Signature: Print Name: Date: Page 574 of 830 M Consent Agenda 4/20/2021 Requested Action by Commission: Proposed Resolution No. R21-041 - 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? 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: Page 575 of 830 Is this a grant? Grant Amount: Attachments: Type IRE)S()l LA ti 0 II'l Exhibit Description RE)SOkAboin approviing INUlisair C2, abatEKTIEslrlt Exhibit A Page 576 of 830 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 44 45 46 RESOLUTION NO. R21 - 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 her 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 04202021 - Reso.docx Page 577 of 830 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 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 2021, 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 attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 04202021 - Reso.docx VOTE YES NO Page 578 of 830 a) 0 0 0 a+ O d 0 3 vri v`�i vri Q O c u O O C Q C N d Q N d Q CL O t t h N i i m o z m N O o N O N O uo CL 0 a m a 0 0 0 a m a 10 0 0 a m a 0 10 c � N OJ N OJ N OJ J N O N N O N N O N N � O 0 0 O 0 O J W W W N d N N N N N N > > > .o z z z Q c 0 0 c 0 0 c 0 0 N c J N d Q N N Q N N Q N N � J J J E J J J J J J m J N J N J N z Q Q Q m CL s s u s s s s 0 m m m m m m 0 0 c c > m° m° 0 0 c c > m° m° 0 0 c c > m° m° E m z a+ N m Jc C z i+ N LL a) 7.A. Consent Bids and Purchases Over $100,000 4/20/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for April 20, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: The Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 580 of 830 DESCRIPTION OF SOLICITATION RENEWAL AMOUNT VENDOR(S) SOLICITATION NUMBER TERM AMPS Wellfield Maintenance PBC Contract No. R- March 15, 2021 $200,000 and Repair 2017-0315 through March 14, 2022 Bank of America, Merchant Services for State of Florida April 6, 2021 $175,000 N.A. Purchasing Cards Contract No. through January 84121500-15-01 4, 2026 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 580 of 830 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description IREqLAE)StS for IBlid IE)dEIii'isi(�)ii'iE>/IF'�iggy backs Ovf..�ir $100,000 S tatE) Of F::: orida E)AE)Insioin of cointract W th IB OA AMPS Agir'E)E)irT1E)1['1t tO If E)IIIEW tO li airch 14, 2022 FIBC ArTIE)indirTIENI'lt tO E)AE)ind cointract Page 581 of 830 REQUESTING DEPARTMENT: FINANCE TERM: April 6, 2021 through January 4, 2026 SOURCE FOR PURCHASE: State of FL Term Contract No. 84121500-15-01 ACCOUNT NUMBER: Multiple City Accounts VENDOR(S): Bank of America N.A. ANNUAL ESTIMATED EXPENDITURE: FY2020 - $155,000 FY 2021 Expenditures to Date: $105,077 DESCRIPTION: On September 17, 2013, City Commission approved a Participation Agreement between the City of Boynton Beach and Bank of America Merchant Services for credit card payment processing services — Resolution No. R13-102. The State of Florida has amended and extended the contract over the last few years and has issued Amendment No. 7 extending the contract until January 4, 2026. REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Phil Taylor TERM: March 15, 2021 through March 14, 2022 SOURCE FOR PURCHASE: Palm Beach County Contract R-2017-0315; Amendment No. 4 ACCOUNT NUMBER: 403-5000-533-65-02; WTR075 VENDOR(S): Aquifer Maintenance and Performance Systems, Inc. (AMPS) ANNUAL ESTIMATED EXPENDITURE: $200,000 DESCRIPTION: The City of Boynton Beach piggy -backs the Palm Beach County Contract with AMPS for wellfield maintenance and repairs for the Utilities Department. Palm Beach County just approved Amendment 4 to their contract, extending the contract an additional year to March 14, 2022. AMPS has been a reliable vendor for the Utilities Department for the past several years. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services This Amendment No. 7 ("Amendment'), effective April 6, 2021 to the Purchasing Card Services State Term Contract No. 84121500-15-01 ("STC" or "Contract"), is made by and between the State of Florida, Department of Management Services ("Department"), and Bank of America N.A. ("Contractor"), collectively referred to herein as the "Parties." All capitalized terms used herein have the meaning assigned to them in the STC, unless otherwise defined herein. WHEREAS, on January 5, 2016, the Department entered into the STC with the Contractor for the provision of Purchasing Card services; WHEREAS, on January 5, 2021, the Department renewed the STC with the Contractor for a period of 30 days; WHEREAS, on February 4, 2021, the Department renewed the STC with the Contractor for a period of 60 days; WHEREAS, the Parties agreed that the STC may be renewed in accordance with Section 26, Renewal, of STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06); and WHEREAS, the Parties wish to renew and amend the STC as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. STC Exhibit B. The STC is amended to replace STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), in its entirety with Exhibit B: Special Contract Conditions. Any and all references in the STC to Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), are hereby amended to refer to Exhibit B: Special Contract Conditions, which is incorporated into the STC by reference herein. II. STC Exhibit C. The STC is amended to rename STC Exhibit C: Special Contract Conditions as Exhibit C: Additional Special Contract Conditions. Any and all references in the STC to Exhibit C: Special Contract Conditions are hereby amended to refer to Exhibit C: Additional Special Contract Conditions. III. The following sections contained in Exhibit B, Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 2.3.2 Termination for Conveinence — This section is hereby deleted in its entirety. Section 3.2.2 Preferred Pricing —This section is hereby deleted in its entirety. Page 1 of 3 Page 583 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Section 3.4 Purchase Order -This section is hereby deleted in its entirety. Section 6.1 Subcontracting - This section is hereby deleted in its entirety. Section 7.5 Indemnification — This section is hereby deleted in its entirety. Section 7.6 Limitation of Liability- This section is hereby deleted in its entirety and replaced with the following: Limitation of Liability. For all claims against the Contractor under any Contract, and regardless of the basis on which the claim is made, the Contractor's liability under a Contract for direct damages shall be limited to the greater of $100,000, or the dollar amount of the Contract. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. IV. The following sections contained in Exhibit C, Additional Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 11.4 Limitation of Liability - This section is hereby deleted in its entirety and replaced with the following: Section 11.4 Limitation and Liability The limitation of liability provisions of paragraph 1, Section 7.6, Exhibit B, Special Contract Conditions, apply to the Contract, with the following clarifications: notwithstanding any provisions to the contrary, the Contractor shall reimburse any actual costs to the State for a loss due to fraud committed by the employees or Subcontractors of the Contractor. Section 12.3 Termination for Other Than Cause: Subsection 12.3.1 - Either party may, terminate the Contract at any time by giving six (6) months written notice to the other party. Page 2 of 3 Page 584 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services V. STC Renewal. The STC is hereby renewed, effective April 6, 2021, with a new expiration date of January 4, 2026, under the same terms and conditions, except as amended herein. VI. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the STC, the terms of this Amendment shall control. VIII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the STC, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: De jW�r4;Management Services By: �`ai(aw Name: ami i yaw Title: Chief of Staff Date: 4/1/2021 1 2:52 PM EDT Contractor: Ba f,-AW*r;ra, N.A By AAA," ,b rs6v, Name:Kenna hompson Title: Senior Vice President Date: 4/1/2021 1 9:42 AM PDT Page 3 of 3 Page 585 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 61:1i19[0 L1ILIW4193L1III T41 2 LVA 1e1►1e[elaLVA 1a►I ! SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 61:1i19[0L151W4193►IIC TT412► [NLI1C0Iilk] I►[ C! SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 586 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 587 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 588 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 4 Page 589 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Department's Name Department's Physical Address Department's Telephone # Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone # Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; SP approved version 7-1-2019 Page 590 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at gtt�;//w,,,, !ff1ii,,,q,,,,,,,,,,,,,,,,,,,,,, ,........... ,, g, 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers Is available at SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 Page 591 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The SP approved version 7-1-2019 Page 592 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 8 Page 593 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 Page 594 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 Page 595 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(x), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) 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 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) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, 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. If the Contractor transfers all public records to the public agency 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 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. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 Page 596 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 responsible for responding to and resolving all claims for access to Contract -related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 Page 597 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 Page 598 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non -Performance 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 Page 599 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor'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 will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the 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 the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 Page 600 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re -screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E -Verify. The Contractor must use the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E - Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E -Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 Page 601 of 830 DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 Page 602 of 830 Mr. James Murray, President Aquifer Maintenance and Performance Systems, Inc. 7146 Haverhill Rd. West Palm Beach, FL 33407 VIA E-MAIL TO: ampsjlp@gmail.com BID: WELLFIELD MAINTENANCE AND REHABILITATION PIGGY -BACK: PBC CONTRACT - WUD 16-001/VMG CURRENT AGREEMENT TERM: March 15, 2020 through March 14, 2021 Dear Mr. Murray: The current piggyback agreement term for "WELLFIELD MAINTENANCE AND REHABILITATION" awarded to AMPS, Inc. expired March 14, 2021. We just received documentation from Palm Beach County that Amendment No. 4 to the PBC contract with AMPS has been extended for an additional one- year period. We have been very happy with AMPS, Inc. service and we would like to extend the piggyback agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to allbrand@b0!,Las at your earliest convenience. If you should have any questions, please do not hesitate to contact Julie Alibrandi at 561-742-6318 or by email. Thank you for your consideration. Sincerely, 1*kjo- Mara Frederiksen Director of Financial Services C: Kristeena Pinto, Purchasing Manager Melissa Roberts, Utilities Admin. Associate oma America's Gateway to the Gulf Stream Page 603 of 830 The City of Bovnton Beach FAXP j(963bJ7,0 316 March 30, 2021 BID: WELLFIELD MAINTENANCE AND REHABILITATION PIGGY -BACK: PBC CONTRACT WUD 16-0011VMG Agreement between the City of Boynton Beach and AMPS, INC.: RENEWAL TERM: MARCH 15, 2021 THROUGH MARCH 14, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AMPS, INC. NAME OF COMPANY MUMA-vi NAME OF REPRESENT TIVE (please print) TITLE _(Csw) /-�+ Ze)Ll DATE (AR A CODE) TELEPHONE NUMBER PAO S E-MAIL America's Gateway to the Gulf Stream Page 604 of 830 AMENDMENT NO. 4 TO CONTRACT WITH AQUIFER MAINTENANCE AND PERFORMANCESYSTEMS, INC. - SYSTEM-WIDE WELLFIELD MAINTENANCE FOR PALM BEACH COUNTI ` it s ° , () 3 5 9 WATER UTILITIES DEPARTMENT This Amendment NoA dated.... d 9 2011 , to the Contract (R-2017-0315) dated March 14, 2017, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and Aquifer Maintenance and Performance Systems, Inc. (FEIN #65-0071672) a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. WITNESSETH WHEREAS, the parties have entered into a Contract under which the CONTRACTOR provided certain professional services to the COUNTY for various projects in accordance with the contract forthe: System -wide Wellfield Maintenance for Palm Beach County Water Utilities Department Contract No. WUD 16-001VMG WHEREAS, the Contract was amended on January 23, 2018 (R-2018-0075) to extend the Contract for an additional one (1) year period (the "First Amendment"); WHEREAS, the Contract was amended on February 5, 2019 (R-2019-0217) to extend the Contract for an additional one (1) year period and to increase the contract amount by $500,000 from $1,189,076 to $1,689,076 to provide for the wellfield maintenance activities to be undertaken under the extended contract term (the "Second Amendment'); WHEREAS, the Contract was amended on March 17, 2020 (R-2020-0317) to extend the Contract for an additional one (1) year period and increase the contract amount by $300,000 from $1,689,076 to $1,989,076 to provide for the wellfield maintenance activities to be undertaken under the extended contract term (the "Third Amendment"). WHEREAS, the parties hereto desire to amend the Contract to extend it for an additional one (1) year period and increase the contract amount by $300,000 from $1,989,076 to $2,289,076 to provide for the wellfield maintenance activities to be undertaken under the extended contract term. NOW, THEREFORE, in consideration of the premises and of the mutual covenants 1 Page 605 of 830 hereinafter set forth and for such other good and valuable consideration, the receipt of which the parties hereto expressly acknowledge, the parties covenant and agree to the following terms and conditions: 1. The term of this Contract as set forth in Special Conditions Section 14 is renewed for one (1) additional year through March 14, 2022, and the not to exceed amount is hereby increased by $300,000 from $1,989,076 to $2,289,076. 2. CONTRACTOR warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, CONTRACTOR shall: (1) register with and use the E -Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the CONTRACTOR's subcontractors performing the duties and obligations of this Contract are registered with and use the E -Verify System to electronically verify the employment eligibility of all newly hired workers. CONTRACTOR shall obtain from each of its subcontractors an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. CONTRACTOR shall maintain a copy of any such affidavit from a subcontractor for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Contract which requires a longer retention period. COUNTY shall terminate the Contract if it has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If COUNTY has a good faith belief that CONTRACTOR's subcontractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, COUNTY shall notify CONTRACTOR to terminate its contract with the subcontractor and CONTRACTOR shall immediately terminate its contract with the subcontractor. If COUNTY terminated this Contract pursuant to the above, CONTRACTOR shall be barred from being awarded a future contract by COUNTY for a period of one (1) year from the date on which this Contract was terminated. In the event of such contract termination, CONTRACTOR shall also be liable for any additional costs incurred by COUNTY as a result of the termination. 2 Page 606 of 830 3. Except as specifically modified above, the terms and conditions of the Contract dated March 14, 2017, as amended by the First Amendment dated January 23, 2018, the Second Amendment dated February 5, 2019, and the Third Amendment dated March 17, 2020, are hereby confirmed and remain in full force and effect. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 3 Page 607 of 830 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the COUNTY and CONTRACTOR has hereunto set its hand the day and year above written. 1 f, �( �C�° ATTEST: JOSEPH ABRUZZO CLERK OF THE CIF COURT & COMPT.� r 9 VJ, y �'9r F64M, '�D L" APPROVED A2 SUFFICIENCY Assistant Cou my Attorney P (witness signature) j C't unit cc"�-- (witness name printed) (Corporate Seal) rd P, IJ 7 MAX 0 U 2021 PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dave Kerner, Mayor APPROVED AS TO TERMS AND CONDITIONS L � Jip Stiles,4Director ,w ° Water Utilities Department 'CONTRACTOR' By: AQUIFER MAINTENANCE and PERFORMANCE SYSTEMS INC. a Florida corporation (isert state of corporation) A By: �Xsignatory) JmsMurr (print signatory's name) By: President (print title) l , 2021 (date of execution) 7146 Haverhill Road (Contractor's Official Address) West Palm Beach, FL 33407 (Contractor's City, State, Zip Code) Page 608 of 830 7.B. Requested Action by Commission: Approve piggyback of City of Sunrise bid #19 -17 -12 -HR; Roof Repairs for the replacement of a portion of the Utilities Administration Building roof by Advanced Roofing, Inc. and authorize staff to issue a purchase order in the amount of $182,582.00 with the same terms, conditions, specifications and unit pricing. The City of Sunrise bid satisfies the City's procurement requirements. Explanation of Request: Staff is requesting a purchase order in the amount of $182,582 to furnish and install a new roofing system for a portion of the Utilities Administration Building, piggybacking the City of Sunrise bid #19 -17 -12 -HR. The Utilities Administration Building has several leaks in the roof that need to be repaired immediately in order to prevent flooding or damage to assets/equipment. The City of Sunrise contract period is from June 1, 2019 to May 31, 2022 with the right to extend the contract by three (3) additional one (1) year renewals thereafter providing all terms and conditions remain the same. How will this affect city programs or services? The existing roof has been an ongoing problem and is in immediate need of replacement. Fiscal Impact: Budgeted Funds are available in the CIP account: 403-5000-533-65-02 (WT2103) Alternatives: Delay the repairs and put the roof replacement project out to formal bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 609 of 830 Type AttacftrTIENI'lt AttacftrTIENI'lt Description Adv,,.-ainCE) iroofl ing Ilinc,Flir'OOICA IpirolpQ. sall AgE)inda AttacftrTIENI'lt Adv,,.-ainC2,d If ooflingAw'..'aird Wth SchEdUl�b, A Page 610 of 830 FMMAINIOINAM II �i Cover Letter February 23, 2021 Howard Kerr City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 561-742-6497 Re: BOYNTON BEACH - UTILITY ADMINISTRATION BLDG - FLUTE FILL TPO RECOVER & CARLISLE TPO RE - ROOF Dear Howard Kerr, Thank you for the opportunity to provide a proposal/bid for your upcoming re -roofing project. I have enclosed our Advanced Roofing Capabilities Brochure for your review. Advanced Roofing is the largest re -roofing company in Florida and is continuously rated within the Top 20 roofing contractors in the country. We specialize in re -roofing of occupied buildings. We are approved with all roofing manufacturers to offer their highest warranties, ranging from 20-30 Year No Dollar Limit (N.D.L.) Warranties. We also offer the following services to complement our re -roofs: • State Licensed A/C Contractor • State Licensed Lightning Protection Contractor • State Licensed Solar Power Contractor • State Licensed Electrical Contractor • State Licensed General Contractor to handle structural repairs • We own all our own Cranes, including 2 — 330' GCI Tower Cranes • Emergency Repair and Preventive Maintenance • In-house Sheet Metal Fabrication • In-house Dumpster and Tractor Trailers • In-house Engineering • Roof Express Roof Evaluation Software • Infrared Moisture Surveys • Bonding Capability up to 150 Million If there is any pre -qualification information you require, please let me know and we will fill it out promptly. Advanced Roofing has been in business for 38 years with an impeccable record of keeping our clients dry. Should you have any questions, please feel free to contact me at 954-522-6868 ext.1117. Sincerely, S&06�u SAS Steven Schoen Director of Government Services P.S. South Florida has seen many roofing contractors come and go, but we are proud to say we have been a part of this community; which we have been actively involved in since 1983, and are here to stay. v a nice d R ooftlni�3, Iniac I IP`itoIposaI IP`aoIkage We hope our portfolio will help you to be able to evaluate who you want as your long-term partner to give you the best value to meet your roofing needs. v a nice d R ooftlni� g , Iniac 1 I13itoIposa� I13aoIha g e Advanced Roofing has been in business since 1983, growing steadily on our overriding "Commitment to Quality", which has made us the number one commercial re -roofing company in Florida. While our specialty is re -roofing occupied commercial buildings per architect or consultant specification, we offer a full range of roofing systems to meet all your roofing needs, using the best materials and offering the best warranties. Your experience working with us For us, it's not just about getting the job done right and on time. It's about making the entire process from bidding to completion headache and hassle -free for you. We think you should be informed, involved and in control from the start and with locations throughout Florida, we've got you covered. When we say we'll do something, you can swear by it. At least, that's what a long list of satisfied customers tell us. Over the years the most important thing we've learned is that your experience is what truly validates ours. It's not just about getting the job done right and on time. It's about making the entire process headache and hassle free. We want you to feel informed, involved and in control from the very beginning. No surprises. No Second Thoughts. At Advanced Roofing, we'll always stand behind our "Commitment to Quality." We've just advanced our thinking somewhat. Today we're further committed to the quality of your experience. To all of us who work here, that's definitely what matters most. Caimpally II,,,,,,egal Illi ill Advanced Roofing, Inc 1950 NW 22nd St Fort Lauderdale, FL 33311 III"I III" tii ills Fed ID Number — 59-2360591 Type of business: Private S -Corporation State of incorporation: Florida Date of incorporation: 10/08/1983 N BB&T 110 E. Broward Blvd. 21 � Floor Fort Lauderdale, FL 33301 Ril,afessialial III,,,,,, 11celises Roofing Contractor - License #CC-CO24413 General Contractor- License #CG -C1507377 Mechanical Contractor -Class A -License #CA -C1818806 Mechanical Contractor -Class B -License #CA -C046188 Solar Contractor- License #CV -C56792 LEED AP View more .:^';?.............af^';?.::�a's."l...hi!..^..'.::.'lyt::".:'?'y online am The Guarantee Company of North America, USA Surety Agent: Michael Marino American Global LLC 1450 Brickell Avenue, Suite 1400 Miami, FL 33131 Limits up to: $40MM Single Project $150MM Aggregate $1 BB Ground Mount Ihilisui,alice Agelit Frank H Furman, Inc. 1314 East Atlantic Blvd Pompano Beach, FL 33061 Account Manager: Cheryl Stipp Gen Lib: $2MM aggregate d v a in c (? do o f li in g, I in c I IF it o Ip o s a 11 IF a c Ik a g e Top Criteria - Our Commitment to Quality Compiled below is a list of important criteria for any business owner to consider when selecting the right contractor for roofing projects. Advanced Roofing has a documented history of meeting and exceeding expectations in each category. Before selecting any roofing professional, research whether the prospective company satisfies these key areas of concern. 1. Longevity in Business Your roof will last over 20 years, so you want to make sure your roofing contractor will still be around. We suggest using a contractor with at least 10 years in the South Florida Market Check out your employer's history on www.sunbiz.org. 2. Financial Stability and Bonding Contractors go under because they do not have proper financials in place. Ask for audited financials, bank references, surety information and/or check online at www.db.com 3. Permit Processing The #1 reason for delays in projects is incorrect permitting. Choose a contractor that can show you how many permits they process in your city. Ask your contractor how many permits they process on a monthly basis. 4. Extended Warranties Only contractors with enough experience, square feet installed, and repair ratio can offer you an extra 5 to 10 years on your warranty. Check with the manufacturer and make sure your warranty gets registered. 5. All Under One Roof Using multiple contractors or subcontractors for different trades as Sheet Metal and AC will lead to longer timelines and finger pointing. Ask your roofer who will be working on your roof. 6. Safety South Florida has many tall buildings and without safety protocols and management, an accident can stop or delay your project. Ask for your roofer's EMR ratio. 7. 2417 Service It's 11 PM in August and your roof starts leaking. Who do you call? Require access to your roofing contractor 24/7 in case of unexpected emergencies. 8. Reputation, Pride, and Integrity Pictures can say a thousand words. Choosing a contractor that can back up their claims of quality with job pictures, both during the installation and of the final product, can help prevent surprises in quality and professionalism. Ask your roofing contractor for pictures and references of completed projects and in -progress photos. 9. Repairs You have a job to do and it should not be the roof. Ask for references from customers 5 years past and ask how many repairs were needed after installation. 10.Community Feel good about purchasing your new roof. Ask your potential roofing contractors what they do for the community, in addition to their clients. 11. Best Value Proposition Know what you're getting for your money The price is competitive but over the life of the roof, which bid is your lowest cost/ROI. cani�ce d [ ooftlni� g , Iniac 1 I13itoIposa� I13acIkage e,y,PERIENCE MATTERS, ...� �II��NNNNIirwwww Af II CI 'IIS R I' 0 FA N UE - ESTABLISHED ESTABLISHELI 1968 Florida's Premiere Commercial Roofing Contractor Committed to Quality To: Job Name: Howard Kerr BOYNTON BEACH - UTILITY ADMINISTRATION BLDG - City of Boynton Beach FLAT ROOF ONLY 124 East Woolbright Road Boynton Beach, FL 33435 Address: 561-742-6497 124 East Woolbright Road Boynton Beach, FL 33435 Date: Reference: February 23, 2021 Flute Fill TPO Recover Roof System and Carlisle TPO Flat Roof We are pleased to submit the following proposal for your consideration on the above referenced premises as follows. We agree to provide all labor, material, tools, equipment and proper insurance with excess liability of twelve (12) million dollars. PERMITTING AND TESTING Permitting and testing that is required to secure a roofing permit is included in our bid proposal. The following test will be completed in order to pull your permit: • Engineered signed and sealed design wind pressure calculation. • Miami Dade Product Approval NOA for the proposed system. • Roof plan with elevations of deck and parapet walls. • Perform drainage survey to verify capacity of existing primary and overflow drains/scuppers in accordance with Florida Building Code 2020 7t" Edition Section 1503, 1511.6, 1604.62, Plumbing section 1105, 1106, 1107, ASCE 7-16, Section 8.0 and HVAC Section 1514.4 and 1616. • Provide roof attachment and engineered fastening pattern in accordance with ASCE 7-16 and Florida Building Code 2020 7t" Edition Roof Application Standard RAS 127. • Notice of Commencement filing with the county and fees before the start of the project. PREPARATORY WORK 1. Cut and remove all existing roofing down to the concrete, or smooth workable surface deck. Remove only as much roofing in one working day period that can be replaced. Water cut off to be installed at the end of each working day to assure a watertight condition. 2. Remove existing structural metal panel system and properly dispose. 3. Broom clean the entire roof. Remove all dust and dirt, then thoroughly clean with a power airblower. 4. Remove roofing debris and cart away to the local dump site or landfill. TAPERED ROOF INSULATION Furnish and install 1/8" inch per foot slope Poly -Iso tapered roof insulation system. New insulation system to be sloped to drain. Insulation to be adhered with polyurethane foam adhesive per manufacturer's recommendations per manufacturer's recommendation. OVERLAY HARD BOARD INSULATION Furnish and install %" inch DensDeck Prime roof deck insulation to entire deck. All boards to be adhered with polyurethane foam adhesive per manufacturer's recommendations. HIGH PERFORMANCE SINGLE PLY TPO Furnish and install new 60 MIL Carlisle TPO high performance roofing system. Membrane to be adhered to insulation utilizing local code and manufacturer approved bonding adhesive applied per engineered specifications. Advanced Roofing, Inc. is an approved applicator of Single Ply Systems for Carlisle. VERTICAL FLASHING SEPARATOR BOARD Furnish and install new %" DensDeck Prime mechanically attached to existing vertical surfaces to avoid asphalt contamination of new single ply membrane wall flashing. TPO WALL/CURB FLASHINGS Furnish and install new fully adhered 60 MIL Carlisle TPO membrane applied to prepared vertical surfaces utilizing solvent based bonding adhesive per manufacturer approved details. SLOPED METAL ROOF SECTIONS • Furnish and install EPS flute fill between all flutes. • Furnish and install wood block at eaves and ridge as required for flute fill system. • Furnish and infill gutter with EPS behind tile towers, install crickets to help water flow. • Furnish and mechanically attach %" DensDeck directly over EPS and into purlins. • Furnish and install Carlisle 60 mil TPO - induction welded to Rhinobond plates and fasteners. MISCELLANEOUS INSTALLATIONS 1. Top of all base flashing to be secured with a 1/8" thick aluminum termination bar. Same to be sealed with a caulk bead of sealant. 2. Furnish and install new 2" x 12" pressure treated wood nailers at top of parapet walls, mechanically attached to the substrate. 3. Shop fabricate and install new .040 kynar aluminum metal drip edge. Set same in mastic and flash per manufacturer's recommendations. 4. Shop fabricate and install new .040 gauge aluminum kynar coping cap metal. Exterior face to be hemmed and cleated with a continuous clip. Interior face to be mechanically fastened and sealed with rubber grommets or sealant. 5. Shop fabricate and install .040 kynar aluminum surfacing mounted stucco stop. All metal to be nailed off for proper securement and sealed with a caulk bead of sealant. 6. Furnish and install appropriately sized retro -fit drain assembly into existing drain assembly. Flash new roof system into retro -fit drain assembly. 7. Furnish and install new Carlisle polyester reinforced resin flashing system at penetrations as required. Penetrations to be prepared, primed, and flashed per manufacturers recommendations. 8. City or county roofing permit, crane and sales tax are included. 9. Digitized roof drawing and photographs depicting work areas and details for this work scope are attached. CLARIFICATION & EXCLUSIONS • All costs associated with utility line interface with roofing activities are excluded from this proposal. If utilities exist on the roof it is the owner's responsibility to pay for any required utility protection, shutdown, and standby power to allow for ARI to safely execute the project. • Tile roof sections excluded from scope of work. (Other than necessary locations of removal / reinstallation as required to install metal panel roof system.) • Interior protection is excluded and to be completed by others IF necessary. • Proposal excludes ANY structural enhancement or repair and additional charges will apply if required. • Proposal based on Sunrise Term Contract - piggyback. GUARANTEE Twenty (20) year No Dollar Limit (NDL) guarantee on materials and labor by Carlisle. CONTRACTOR'S WARRANTY Two (2) year guarantee on materials and labor by ARI Insurance Inc. QUOTATION FOR THE SUM OF ONE HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED EIGHT- $182,582.00 TWO DOLLARS UNIT PRICES Paint Rust Inhibitor - Structural $4.50 per SF Replace Damaged or Deteriorated Purlins $30.00 per LF Minor Concrete Spalling Repair $10.00 per LF Missing or Deteriorated Wood Nailer Replacement $3.00 per LF OVERFLOW SCUPPERS Any additional overflow scuppers required to be installed will be provided at a cost of $1,500.00 each. Any additional overflow scuppers required to be enlarged will be performed at a cost of $750.00 each. We have financing partners that can provide financing for any size job. Please let us know if you are interested and we can provide the information upon request. Extended guarantees are available with a maintenance program. Our work is done in a workmanlike manner by trained, qualified mechanics using the latest technical equipment for the job. During the course of the job the progress, workmanship and housekeeping is documented and reviewed by management for quality control. As always, ADVANCED ROOFING, INC. is "Committed to Quality". Customer/Owner acknowledges that during the course of the roof removal process it is possible for debris, including but not limited to, insulation or roofing fabric, to fall inside the structure. ARI will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree ARI shall not be liable for any claim, loss, or damage associated with debris falling inside the structure during the roof removal process regardless of the cause. Customer/Owner shall keep all persons or property free and clear from under the work area in order to minimize any potential claim, loss, or damage. Safety and protection of the property is our concern and we take precautions to protect people and property from damage or injury during the course of the job. All work areas will be cleaned daily and equipment will be removed immediately upon completion of work. Notice to Owner: Due to extreme volatility in asphalt, insulation and steel product prices, the price set forth in this proposal/contract applies only to orders for asphalt, insulation and steel products that are ordered and paid for within thirty (30) days of the date of this proposal/contract. All other orders shall be subject to change based upon change in the price of asphalt, insulation and steel related products charged to Advanced Roofing, Inc. Advanced Roofing shall either pay for all materials within this time period, OR adjust the bid to accommodate their intended method of payment OR notify the Owner in writing when pay request is subject to an up -charge. TERMS OF PAYMENT 1. For AIA Contracts and Advanced Roofing, Inc. Contract Proposals over $100,000.00 A. Per AIA 702 and 703 Schedule of Values/Progress Payments. B. 10% retainage to be paid upon delivery of permit final, warranties, and Final Releases of Lien. ATTENTION PROPERTY OWNERS - DON'T JEOPARDIZE YOUR INSURANCE We are fully and properly insured, in addition with our base coverage of 1 million, 2 million aggregate, we also carry an additional $10,000,000 in excess coverage. Proof of insurance will be sent upon request. It is in the best interest of the owner to make sure a contractor carries the amount of insurance as stated above and ask for proof. Thank you for the opportunity to bid on this work. Should you have any questions or require any additional information, please do not hesitate to call. e,Y,PERIENCE MATTERS, ...� �II��NNNNIirwwww A ill VA I@ CImo'ii. R 1' A N UE - ESTABLISHED 1968 Florida's Premiere Commercial Roofing Contractor Committed to Quality All material is guaranteed to he as spedhed. All work to he completed in a workmanlike manner according to sf,and;ard rxr,achces. Any al[er,ation or deviation from ;above.specifications involving e)(Lr,a costs will be exect.fted only upon wriften order, and will hecorne an e)(Lra charge over and ;above the e Lirrl,ate. All agreements continent urian sl:rikes, accident: or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. AuthorizedSignature: Printed Narne: Steven Schoen NO I E:: I his proposal may he withdrawn by us if riot;accepLed within 30 days. Owner is responsible for asbestos testing and related cast to remove. u0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i Acceptance of IIRiirqlpo4ll -1 he undersigned ned ays (check one) FlOvine r 1-1 Authorized agent of Oilvner hereby accepts and agrees to the prices, sp ec:ific:a tions and conditions indicated above and on the reverse sides of this contract. .fl::cql,..)ted:---------------------------------------------------------- S'llglf1aatUire: Date: ---------------------------------------------------------SiignatUire: 'Feiril & Conditions on Maas lr..aaage(s) aalr..alr..ally. State I...ic.:ense: CCC 0244 13 ,y,t"ERIENCE MATTERS, _ � _ I�� Ir_I Jl 10 F I� Ifs CC -0O24413 ESTABLISHED 1983 Boynton Beach - Utility Adminstration 124 East Woolbright Road Boynton Beach, FL 33435 800 638.6869 i ,IEEE. 954.522.6868 I "954.566.2967 1950 NW 22nd Street I Fort Lauderdale) Florida 33311 Page 621 of 830 Sunrise Term Contract Breakdown PROJECT COST SHEET BLDG NAME: Utility Adm inistration PROJECT NAME: BB - Utililty Admin. Metal and Flat Roofs 11WORK ORDER NUMBER: PROJECT COORDINATOR: Howard Kerr CONTRACTOR: ADVANCED ROOFING INC. DATE: February 23rd, 2021 7,490 SQ.FT. Qty Pay Item No. Description Unit Unit Cost TOTAL COST Flat Roof Sections 2,000 Item 2b Remove existing roofing down to substrate SF 4.00 8,000.00 4,200 Item 3b Furnish and install 1/8" tapered ISO -adhered in LRF SF 3.50 14,700.00 61 Item 26B Furnish and install 1/2" Dens Deck Prime - adhered in LRF HR 75.00 4,575.00 2,000 Item 28b Furnish and install Carlisle TPO-adhered in CAVGrip SF 3.50 7,000.00 625 Item 7b Furnish and install TPO base flasings --Adhered LF 20.00 12,500.00 412 Item 11 Shop fabricate and install - slip drip flashing / SM CF -.040 LF 16.00 6,592.00 325 Item 13Cb Shop fabricate and install .040 aluminum coping cap LF 20.00 6,500.00 23 Item 22 Furnish and install plumbing ventflashings / liquid flashing EA 75.00 1,725.00 186 Item 26B Shop fab custom 24 gauge stainless steel gutter trough HR 75.00 13,950.00 30 Item 26B Remove/Reinstall Tile necessaryto install custom trough HR 75.00 2,250.00 54 Item 26B Electric Scope - Remove / Reinstall Conduit HR 1 75.00 4,050.00 Metal Roof Sections - Flute FII TPO Recover 6,040 Item 3Bb Furnish and install EPS Flute Fill SF 5.00 30,200.00 169 Item 26B Furnish and install 1/2" Densdeck - Rhinbond Fasteners and HR 75.00 12,675.00 6,040 Item 28b Furnish and install Carlisle 60 mil TPO- Rhinobond SF 3.50 21,140.00 325 Item 11 Bb Shop Fabricate and install Drip Edge LF 16.00 5,200.00 450 Item 33Bb Furnish and install all wood blocking between flutes LF 5.00 2,250.00 30 Item 26B Furnish and install tapered crickets HR 75.00 2,250.00 60 Item 7b Shop fabricate and install metal flashing @ RTW & curbs LF 20.00 1,200.00 General Conditons 1 Item 45 Crane / Equipment Rental LS 16,900.00 16,900.00 63 Item 26B Engineering /Testing - Required for permit HR 75.00 4,725.00 1 Item 1B PermitAllowance LS 4,200.00 4,200.00 H. I I Total Cost $ 182,582.00 800 638.6869 i ,IEEE. 954.522.6868 I "954.566.2967 1950 NW 22nd Street I Fort Lauderdale) Florida 33311 Page 621 of 830 To: Howard Kerr City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 561-742-6497 Date: February 23, 2021 EXPERIENCE MATTERS, 0VIIIV�GIIIIIVIUM�ur �..,.,.,.,., iii " u w ID �IMIIMIil�liui uiui�m FA 114 ESTABLISHED I983 Florida's Premiere Commercial Roofing Contractor Committed to Quality Job Name: Utility Administration Bldg. Address: 124 East Woolbright Road Boynton Beach, FL 33435 Reference: Preventive Maintenance Proposal We are pleased to submit the following proposal for your consideration on the above referenced premises as follows. We agree to provide all labor, material, tools, equipment and proper insurance with excess liability of twelve (12) million dollars. SINGLE PLY ROOF SYSTEM — PREVENTIVE / PROACTIVE MAINTENANCE PROGRAM The following Preventive Maintenance Program/Contract will meet the guidelines of your Manufacturers requirements and procedures. The following roofs named on this contract will have these maintenance items maintained once (annually) in a twelve (12) month period: 1. Fill and crown all penetration pockets with a pourable sealer. 2. Apply a one (1) part urethane sealant to all compression clamps located at vent stacks and field fabricated pipe flashings. 3. Inspect the perimeter parapet wall and curb base flashings for any possible voids which may occur due to structural movement of walls and roof edges. Repair any such voids which may exist with compatible single ply material. 4. Remove all debris from the surface of the roof system and drainage areas and dispose of properly. Check the clamping ring in the drain bowl assembly for proper compression and tighten drain bolts as necessary. Note: Removal of abandoned equipment, property or materials or other unusual objects is the Building Owner's responsibility. 5. Apply a polyurethane sealant to the following sheet metal items as necessary: coping cap metal, surface mounted counterflashing, termination bars, gutter joints, exterior scupper cover plates and conductor heads if accessibility permits such an application. 6. Visually inspect the coping cap metal and counterflashings for any loose or missing fasteners. If any fasteners are loose, they will be tightened or replaced as necessary. Additional fasteners will be added where missing fasteners are located. Pa&l 2 �of 830 7. Provide owner with written inspection report and digital photos of deficiencies. If we find conditions that need repair beyond the scope of preventative maintenance set forth in this agreement, we may provide recommendations and proposals for your consideration. 8. Proper maintenance of the roof will help extend its service life and prevent leaks. However, this maintenance contract is not a contract of insurance or guarantee against leaks or other roofing issues and unless separately agreed to in writing between the parties, is limited to the scope of services described above. This preventative maintenance agreement does not cover maintenance or repairs to any portion of the building other than the roofing system installed by ARI and, without limitation, specifically excludes maintenance or repairs to masonry components and/or their cladding, windows, structural cracks, and physical damage by others. Repair of leaks or damage to the roofing system caused in whole or in part by Owner's failure to maintain other components of the building are not covered under this agreement. 9. The term of this contract is three (3) years (hereinafter "Contract Term"). The Contract Term shall automatically renew unless cancelled by ARI or Customer in writing within ninety (90) days of the expiration of this contract. The Cost per year for any new Contract Term may be increased by not more than the greater of 5% or the average CPI for the most recent calendar year. 10. Cost per year: $1,200.00 (One Thousand Two Hundred Dollars) 11. Total cost for three (3) year contract: $3,600.00 (Three Thousand Six Hundred Dollars) PM Agreement first year inspection will occur on or about the one (1) year anniversary date following project completion and issuance of the manufacturers' warranty. First year (and subsequent years) inspection and report will be submitted to property manager. Invoice for one (1) year only will be submitted on or about the same date of inspection report. Payment is due within 30 days from receipt. Note: Upon acceptance of this preventative maintenance alternate, no payment is required. A separate invoice will follow upon completion of the first service. "The date contract is signed will serve as the first (1') day of agreement between Advanced Roofing. Inc. and customer." IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements continent upon strikes, accidents or delays beyond our control. Owner tocarry �fire, tornado, and other necessary insurance. Authorized Signature: ytcyt 56f� Steve Schoen, Director Government Services NOTE: This proposal may be withdrawn by us if not accepted within Thirty (30) days. Owner is responsible for asbestos testing and related cost to remove. Acceptance of Proposal The undersigned as (check one) UOwner QjAuthorized agent of Owner hereby accepts and agrees to the prices, specifications and conditions indicated above and on the reverse side of this contract. Accepted: ............................................................................. Signature:................................................................................................ Date: ...................................................................................... Signature:................................................................................................ *Terms & Conditions on last page(s) apply. State License: CCC 024413 Pagk-152&of 830 Advanced Roofing offers a variety of products and services to fit a variety of project needs and budgets: Advanced Roofing offers a wide variety of roof systems to fit your needs, and is certified by every major material manufacturer to install the highest quality roofing systems with the best warranties. Our goal is to make the re- roofing process easy and hassle free for you, the customer. Re -roofing commercial buildings is a highly technical process. We have found roofing companies that start in new construction and go into re -roofing, fail. Our experience constantly improves from protecting the property, documenting existing conditions, pre - construction job meetings, code compliance involving building departments, manufactures' representatives, close out and getting other recommendations from you. Our Roofing Department has over 300 expertly -trained construction managers, foremen, roofing mechanics, and laborers. They are all trained in safety procedures. Advanced Roofing is available 24 hours a day, and most of the time, can handle your problem within 24 hours. Advanced Roofing prides itself on providing the best service possible. Advanced Roofing's dedication to clients has allowed Advanced Roofing to grow, expand, and service the roofing needs of some of Florida's biggest businesses. Since 1983, our service department has helped increase our customers' return on their new roof investment. Our roof repair division handles all major and minor problems that may occur on your roof quickly, efficiently, and at a reasonable cost. In this tough economy, it may be difficult to afford a complete roof replacement. With a coating or regraveling from Advanced Roofing, you can extend the life of your current roof at a more affordable price. With coating and regraveling, you can prolong the life of your roof for 5-15 years at 50% of the cost of replacement, and save energy in the process. Preventative maintenance on your roof system is something that should be taken into careful consideration. At Advanced Roofing, we make sure your roof is in tip-top shape year-round. To ensure your roof is functioning properly, it is important to perform semi-annual inspections. These measures of preventative maintenance help to fix problems before further damage incurs, stop roof problems before they start, and guarantee that your roof has a longer service life. With over 325 buildings, totaling over 9 million square feet of roof, under Advanced Roofing's proactive maintenance program, our commitment to service speaks for itself. A dvai-ics,doofii-ig,,Ii-ic IIII')iii,oIIIAoseIII I�)ecIIIAege At Advanced Roofing, Inc., we can design your project from the ground up. We offer comprehensive analysis of your structure and can design plans to fit your needs. We provide you with the options you need to make your building exactly what you dream of, and execute the job with our personal commitment. With in-house divisions of steel, air conditioning and roofing, lightning protection, renewable energy, sheet metal, and more, you can count on Advanced to design the best solution for your project needs. Advanced Roofing has secured the most advanced sheet metal production equipment in the world and maintains its own in-house sheet metal department. This allows Advanced to fabricate every panel, coping cap, counter flashing, gutters, and any detail metal the job requires. Advanced Roofing is also ahead of the curve by being one of the few roofing contractors that owns and uses a plasma cutter. This incredibly accurate instrument makes precise cuts, and allows specially fabricated pieces to get on your roof without delay. Additionally, Advanced uses a computerized break to ensure the accuracy of our sheet metal work. The pre-programmed break can accurately shape 5-10 pieces of metal at a time with precision accuracy. Waterproofing treats a surface to prevent water from passing under hydrostatic pressure. It is commonly used to protect roofs, as well as floors, walls and basements, pools, planters and fountains. Advanced Roofing, Inc. offers waterproofing services to fit your roofingAM needs. Our Waterproofing Division was created to work hand-in-hand withour Roofing and Service divisions. Waterproofing can be an excellent wayto protect your business from water intrusion, whether it's from your roof, your walls, or even your floor. Water intrusion can be one of the most costly types of damage; our commercial roofing experience helps us identify your problem, and solve it before the damage starts. Our crane division works hand-in-hand with our roofing and A/C divisions, hoisting A/C units, fans and cooling towers, and delivering materials to high-rise roofs. No matter the building size, we have the right size crane for the job. We have a fleet of 5 23 '/-ton boom trucks, a 35 -ton boom truck, a 65 -ton hydro, a 75 ton hydro crane and 2 mobile hydraulic tower cranes with tip heights of 330 feet. Scheduling is crucial in any construction company with our cranes your project flows smoothly. Our crane division has been in service for over 15 years, with 6 full-time operators. We have worked with other crane companies such as General Crane, Precision Crane, Hunter Crane, and Crane Services. We are always taking on new challenges and looking forward to greater heights in the future. Air Conditioning Established in 1994, Advanced Air Systems is a subsidiary of Advanced Roofing. As a full-service HVAC contractor, Advanced Air Systems provides excellent service to air conditioning, heating, and ventilation systems on time and on budget. Advanced Air Systems is dedicated to understanding, servicing and installing all air conditioning system makes and models. Our team of experienced technicians is highly trained and knowledgeable, staying up to date with the evolution of the industry. A dvai-ics,dF�'`Zoofii-ig,,Ii-ic IIII')iii,oIIIAoseIII I�)ecIIIAege With our membership in the Green Mechanical Council, a group dedicated to the education of creating and maintaining environmentally sound residential and commercial mechanical systems, Advanced Air Systems takes pride in our efforts to provide and install environmentally safe, highly efficient systems. In addition, Advanced Air Systems also offers various Indoor Air Quality products such as duct cleaning, high end filtration and ultra violet lighting, all to complement our green initiatives. Each year, thousands of properties are damaged or destroyed by lightning. Lightning accounts for more than a third of a billion dollars in property damage annually in the United States. And Florida experiences the highest incidence of lightning strikes in the U.S. In most years, lightning is responsible for more deaths and property loss than tornadoes, hurricanes and floods combined, but of these violent forces of nature, lightning is the only one that can be affordably protected against. Let us assist you in providing protection for your residents, employees and customers. Advanced Roofing, Inc.'s fully licensed lightning protection professionals have 3 or more years of design, installation and service experience. Ask us about our no charge survey of your building. With the growing trend of "going green," companies have decided to become more environmentally conscious. Join other responsible companies by creating carbon -free renewable energy on your roof. Clients and consumers are becoming more aware of the environmental impact made by companies they purchase from. By utilizing a solar power system on your roof, you are showing your clients the positive impact you are making on the environment. Solar power is the most affordable it has ever been with a 5- to 10 -year return on investment. Daylighting Daylighting can replace electric light 70-80% of daylight hours - in many cases, for less than $0.015 per kWh over the life of the building. It is considerably cooler than electric lighting at the same foot candle levels, so it also reduces the cost to air condition the building as well. This can mean tremendous energy savings in buildings that operate during the day, such as schools, offices, warehouses, factories, and retail stores. A dvai-ics,doofii-ig,,Ii-ic IIII')iii,oIIIAoseIII I�)ecIIIAege Advanced Roofing is proud to conduct work in all segments. Our past and current clients cover many commercial market segments in coordination with multiple trades and disciplines to ensure the best solutions for each and every project, including: Westhri Il iil plll Ilrvil t Resoiirt & Spa CondominiumlHospitality The Westin Diplomat Resort and Spa is located on the beach in Hollywood, Florida. This property offers many resources such as luxurious guest rooms, vast corporate meeting spaces and banquet rooms, as well as, many restaurants and specialty shops. Advanced Roofing re - roofed over 170,000 square feet, including the hotel, convention center and retail areas from May 2008 - September 2009. Sari ... L.�' condominium....f .I.. J.ggj. . IFedeiir 111 Reseiirve BB Ilan llk of Atllaiirda, IlWaiirvi iil IBiir llridh Federal Government The Federal Reserve Bank of Atlanta is part of the central bank of the United States known as the Fed. The Fed provides cash to banks, savings and loans, and clears millions of checks every day. Sig. " mom....�N. y.. I::i ..I ..g.l ....g.'QJgj. . Sout1heast Tuiirlbhrindustrial/tAlarehouse Southeast Turbines is a commercial building located next to the Fort Lauderdale Executive Airport. Advanced Roofing installed a GAF Elastomeric TopCoat Roof Restoration System over the 30,000 square feet building. Advanced Roofing also installed new stainless steel commercial grade box gutter and downspouts. There were also several penetrations that had to be eliminated and areas of steel deck replacement. See mom indust�ial/wwehg:�se p�'Q�ggj� ll lir llrymir III°°fiIIS Sdhodll �ional Institution Miramar High School was an extensive, long term project that Advanced Roofing completed in 2 separate phases over a period of a year and a half for the School Board of Broward County. Advanced Roofing re - roofed every building on this large campus, which encompassed more than 240,000 square feet and included many different buildings, multiple deck levels, and different types of roof systems. During the time this re- roofing project was taking place, the school was also undergoing interior renovations. v a in c e d ::g o o fit in g , I n c I DIS it o p o a a 11 DIS a c Ik a g e At Advanced Roofing, roofing is our business. That's why we are committed to precision and quality. We work with owners, engineers, architects and consultants to provide the right bid for your project. We offer a wide variety of systems to fit your needs, and we are certified by major roofing manufacturers to install the highest systems with the best warranties. Our goal is to make the process easy and hassle free for you, the customer. Our experience constantly improves from protecting the property, documentation, existing conditions, pre - construction, job meetings, code compliance, involving building departments, manufacturers' representatives, close out and getting other recommendations from you. I I� Once you begun a project with Adranced Roofing, the. wmrk will aalong a path .o <onuplete sa[usfaRloa, flrs4 your roof ix seed and apleo Is dev r.Ped to determine the necevsary coupe or acn.n, ehe., the aesa PraaWr.acne Prec:eiee: are retommenaea anda I bl Md, ( yfR h d' .anal d h y b gl h,P odeadyI aHo .lad each rcanag ecomrnendal r aaPfecls p areheiah,. Start-up Package: Ce:rtlRcat¢af lnswraneeIf Required: C.nt—List, Permit Subcontractor APpl-l'—,,etc. Caordf.atlo. In'V.Ice J P poral EstlmaAz✓Proposal Contvact Engincr"Mg&Testing lat nal R 9uost P,.Pafed Slg.ed Performed Pre planning RW S ... ey Propos alPr.jett Pa -Ming Pte -........tion Prepared Pfeaentatl.P Team Meed.g A,,igrved lhllkhl�NNI,ke. Job Addeb Man.facturer Warr 72 to Schedule IRegistratlon Submitted n 0. g l ge I g l y d ppl 'd wlh pp p' p d Phe 9 ph -------------------- 5 'n orpofated V every Yacet of he,ob.d� Job safety a.d Staging Arca Setup [. i-ftl D. .m Ratio n PatilY�rugore. Sfety' , I p p11 n ha Ings Cl-0 tP�.kage COs11mEOfE opcnmhe�anon Inspec enx. Preventativa Maln.e..... Work Proposal Prepared yyy p 6Ap'V.M. City, nutanllfaf, Ma -fa Owne rMlk-thtauglh Material and Equipment (Delivery v a ince d ::I,00fiting, Inc I DISitoIpoaaII DISacIlk age � • � YaiR-mil Advanced Roofing is headquartered in Fort Lauderdale, Florida with branch offices located in Miami, Jupiter, Orlando, Tampa, Jacksonville, and Ft. Myers. Additionally, we can perform work in the following locations: ■ Georgia ■ Alabama ■ Louisiana ■ North Carolina ■ Virginia ■ Western and Eastern Caribbean Islands ■ Puerto Rico and US Virgin Islands ■ Bahamas ■ Roof Connect Affiliated Markets — Entire US Advanced Roofinq is a founding member of RoofConnect. RoofConnect is a professional national commercial roofing organization. They specialize in emergency roofing repairs, maintenance and re -roofing but also perform specialty projects that require nationwide labor availability in the N N I construction field. RoofConnect has 60 plus members and 100 locations nationwide. Members have over 7,000 employees and approach revenue of 1 billion dollars annually. RoofConnect is founded and administered by the leading commercial roofers in the United States. All members must adhere to a strict code of ethics and pass several requirements to participate. RoofConnect is a leading national roofing services provider for commercial roofing solutions. Roof Connect gives Advanced the capabilities to work with top tier roofing contractors throughout the United States without sacrificing quality. d a ni�ceJ [ ooftlni�q, Iniac IIPitoIposai IPacIkage Toll Free: (800) 638-6869 Toll Free: (800) 638-6869 TollFree: (866) 365-6071 Office: (305) 456-2544 Office: (954) 522-6868 Toll Free: (800) 638-6869 Office: (407) 322-1555 Fax: (305) 661-2032 Fax: (954) 566-2967 Office: (561) 743-6952 Fax: (407) 322-0010 1703 NW 79th Ave. 1950 NW 22 Id St. .0 00 Northstar Ct. Doral FL, 33126 Ft. Lauderdale, FL 33311 100 Jupiter, F L 33458 Sanford, FL 32771 Toll Free: :0 •••. Toll Free: (866) 365-6071 Office: (813) 885-5811 Office: (904) 826-3860 Toll Free: (800) 354-9896 884-8927 11031 N. Main St. Office: (239) 208-8809 W. Knollwood St. 14231 Jetport Rd., Unit 15 Tampa,4309 Myers, d a ni�ceJ [ ooftlni�q, Iniac IIPitoIposai IPacIkage "It is obvious that your company motto is hard work and extreme professionalism. Your employees are dedicated and worked as a team to effectively get the job completed on time with all of the proper plans, permits and restrictions." "(Advanced] quickly recognized design assist services would be required for this Owner/Design Team and stepped in and provided multiple options which ultimately led to the most practical, economical solution for this client. " "(Advanced] is considered one of our valued subcontractors and it is only through the highest standards of professionalism and integrity are they even considered for inclusion on our valued subcontractors list. 1 would not hesitate to recommend them to any owner or client " "This was an extremely fast track project and [Advanced] was able to quickly navigate through the very complex permitting process after successfully providing design assist services for the Engineering Design Team, and then quickly secure all building materials from reliable sources in a timely manner for on-time installation and completion." "The quality control procedures in place with [Advanced] are very professional and as a matter of fact representatives from the Authority Having Jurisdiction commented favorably on this matter for them, giving them a level of comfort we, frankly, did not see with any other subcontractor. " "The added value to this project was the ability of [Advanced] to perform the design assist when it became apparent that the design team for the Owner, our Client, did not possess the skills required to properly provide a workable solution for the Client." "We consider Advanced Roofing, Inc. to be a valuable member of our subcontractor team and absolutely intend to award them the majority of upcoming work on this type project. " "(Advanced] was selected after the failure of another subcontractor to perform. They stepped in with a reduced schedule and completed the project on time and well below our initial design budget through design assist and value engineering. " ". this level of commitment and team spiritis what makes them one ofourvalued team of subcontractors. " clientsOur Advanced Roofing is proud to maintain a vast network of past clients who are available for references upon request. A list of these references and projects can be viewed on our II *,,,p,:.„*,,,iii.�....,*,,,,,,,,II,,,,,,(,;,'.�.IL.(.„prs page. 01 1Z.1i MM FAMPV m I RPRISES, INC, A dvai-ics,dF�'`Zoofii-ig,,Ii-ic IIII')ui� oIIIAoseIII I�)ecIIIAege In our industry, it's not just how the job's done; it's who the people are, doing it -their skills, their involvement, and their professional demeanor. Hundreds of dedicated individuals make up the team at Advanced Roofing, and not only do they want your respect, they want you to like them. "Nice" is important to us; as is "courteous, efficient, exacting, honest, ethical, flexible, accommodating, logistical, and knowledgeable." Robert Kornahrens CEO, President Founder of Advanced Roofing Inc. and oversees all company operations Experience: Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. Education: B.S. Degree in Business Administration from University of Arizona, 1979 Clint Vice President of Renewable Energy Clintjoined Advanced Roofing in 1998 and is responsible for overseeing the Re - Roofing and Renewable Energy Divisions. Experience: A second generation roofer with more than two decades of experience in the roofing, solar, and construction industries. Education: University of Cincinnati, Information Systems minor in International Business. Licenses: Florida State Roofing and Solar Contractors; Certifications: NABCEP, LEED. Member of the American Society of Professional Estimators (ASPE). Constructions Specifications Institute (CSI). Michael Executive Vice President Michael joined Advanced Roofing in 1998 and is responsible for overseeing the operations and management of all divisions. Experience: Born into the roofing industry, Michael has held many positions at Advanced Roofing over the past 18 years, including leading the Metal Roofing and Renewable Energy divisions. His responsibilities include developing rooftop and solar designs, coordinating subcontractors, and managing project installations throughout the United States and Canada. Education: B.A. in Management and Marketing, Florida Atlantic University A dvai-ics,dF�'`Zoofii-ig,,Ii-ic IIII')iii,oIIIAosaIII I�)acIIIAage Kevin Executive Vice President Started with Advanced Roofing Inc. in 2005 and is responsible for overseeing the operations and management of all divisions. Experience: Mr. Kornahrens leads the administration team for Advanced Roofing Inc. His primary focus is on Human Resources, Safety, Legal, Information Technologies, and Marketing Departments. His responsibilities include management of strategic business planning, staffing, ERP system implementation, public relations and safety. Education: SPHR, Senior Professional in Human Resources. M.B.A. Degree in finance from the University of Miami. B.S. Degree in Management Information Systems, from Florida State University. B.A. Degree in Marketing, from Florida State University. B.A. Degree in Multinational Business from Florida State University. Jessica Senior Project Manager Jessica joined Advanced Roofing Inc. in 2001 and is a Project Manager that oversees multiple projects. Experience: As a Senior Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Education: B.S. Degree in Psychology, from Florida State University. B.S. Degree in Business Management, from Florida State University. GibsonRandy Business Development Randy joined Advanced Roofing in 2015 and is responsible for business development and sales. Experience: Randy has over 40 years of experience in the roofing industry. Prior to joining Advanced Roofing, Randy held management positions with national roofing contractors, and founded and operated a commercial roofing business for 25 years. Education: Randy has supplemented his extensive commercial roofing experience with on-the-job training in various fields and systems. Additionally, he has taken numerous continuing education courses related to the roofing and construction industry. u'll � :ui.uu in�llll i N a.UI I qui uu ur nced puN ;ui u:up ,all A dvai-ics,dF�'`Zoofi -ig,,I -ic IIII')iii,oIIIAoaaIII I�)acIIIAa g a Safety In fulfilling our mission, Advanced Roofing Inc., recognizes a commitment to its employees to provide a safe and healthy workplace, an environment free from recognized hazards to the greatest degree possible Our Health, Safety and Environmental Programs, have been created to protect our most valuable resource, our employees. The safety of every employee at Advanced Roofing is the highest priority. Our objective is to prevent accidents. Therefore, all our activities are conducted according to local, state, and federal safety standards, codes, regulations, and appropriate industry standards. Our Health and Safety Plan is the foundation of our safety program. Each level of management, supervision, and employees are obliged to become familiar with their assigned safety responsibilities, rules, procedures and execution. We will provide the training and resources necessary to achieve our safety goals and management/supervision will be held accountable for the results. A safe workplace is organized, clean, efficient, and uplifting to morale. We view safety as a learned behavior. We implement the philosophy of Behavioral Based Safety (BBS). Advanced has more 30/10 -hour OSHA trained employees than anyone else in the state, and is ranked as one of the safest roofing contractors in Florida by Furman Insurance. Ilf: ilww In Cardona Corporate Director, Safety Experience: With eight years experienced in the areas of occupational safety and health management, Bryan leads all company safety operations. Bryan's goal is for Advanced Roofing to continue being an industry leader, promoting a safety culture and OSHA partnerships and alliances. Education: Bryan is an OSHA Authorized Construction Trainer. This training permits him to perform the OSHA training for the 10 and 30 hour courses for our field staff. v a nice d [ ooftlni�3, Iniac 1 I13itoIposaI I13acIkage Preventative maintenance on your roof system is something that should be taken into careful consideration. At Advanced Roofing, we make sure your roof is in tip-top shape year-round. To ensure your roof is functioning properly, it is important to perform semi-annual inspections. These measures of preventative maintenance help to fix problems before further damage incurs, stop roof problems before they start, and guarantee that your roof has a longer service life. ; • Some advantages of Advanced Roofing's Preventative / Proactive Maintenance Program are: • Proactive maintenance that ensures your warranty remains intact • Restoration options for qualifying roofs as opposed to replacement • All types of roofs qualify -- built-up, modified bitumen, single -ply, metal, and tile A warranty is only as strong as the financial strength of the company that issues it In addition to the reputation and strength of our company, your warranty is covered by not just our promise, but by our own captive insurance company, ARI Insurance, Inc. With assets of over $2,600,000, you will have insurance on your warranty to cover and pay for any warranty repairs in the unlikely event they are needed. v a ince d ::goofiting, Inc I DISitoIposaII DISacIkage Associations & Community Involvement Advanced Roofing believes strongly in community involvement, that's why we've committed our entire company to this belief. Here is a list of the organizations we participate in and professional organizations we are a member of: • National Roofing Contractors Association (N RCA) • Sheet Metal & Air Conditioning Contractors National Association (SMACNA) • Associated General Contractors (AGC) • Roof Connect • US Green Building Council • Citizens for Clean Energy • Florida Solar Energy Center • American Society for Testing and Materials(ASTM) • Building Owners & Managers Association (BOMA) • National Association of Industrial and Office Properties (NAIOP) • Roof Consultants Institution (RCI) • Palm Beach County Hotel & Lodging Association • Community Association Management Professionals (CAMP) • The Executive Association of Fort Lauderdale • WinterFest Board of Directors • Construction Executive Association • Broward Workshop • Center of Environmental Invention in Roofing • TEC Group • Florida Roofing & Sheet Metal Association (FRSA) • Construction Specifications Institute (CSI) • Roofing Contractors of South Florida (RCASF) • Executives Association of the Palm Beaches • West Palm Beach Rotary Club • Palm Beach Roofing & Sheet Metal Association • Net W Group • South Florida Building Officials Association ® Involvement • Special Olympics Broward County • Girl Scouts of Southeast Florida • Reef Environmental Education Foundation • Lance Armstrong Foundation • National Multiple Sclerosis Society • American Heart Association • Florida Wildlife Federation • American Cancer Society • Huntington's Disease Society of America • Deliver the Dream Foundation • Leukemia & Lymphoma Society • City of Lighthouse Point • United Way • South Broward Marine Magnet Programs • Susan B. Anthony Recovery Center • Annual Cigna Healthcare Golf Classic • Habitat for Humanity • McCormick Tribune Foundation • Florida Sheriffs Association • Cardinal Gibbons High School Athletics • Dan Marino Foundation - Nova Southeastern University • Links to Literacy • Winterfest Boat Parade • Florida Buddhist- Vihara-Disaster Relief Fund • Military Order of the Purple Heart • Broward Navy Days • Riverwalk 100 • First Priority of South Florida • FAU Athletics • Jim Moran's Youth Automotive Training Center • Humane Society of Broward MS 150 Bike Tour • Frank Stark Celebration Ride • Boys and Girls Clubs of Broward County • Pine Crest School • Cardinal Gibbons • Boyd Anderson • Palm Beach, Dade and Broward Schools A d v a n c e d ::I, o o f it n g , Inc I P ir o 1p o s a 11 P a c Ik a g e The following provisions form part of the contract between the parties hereto. Advanced Roofing, Inc. will be referred to as "Advanced" GUARANTEE: Unless otherwise provided in the body of this contract, re-roofingjobs are guaranteed by ARI Insurance, Inc. for two years, the premium for which is included in the contract amount. The guarantee covers any defect in workmanship or in materials supplied by Advanced which cause a leak to the premises. The guarantee does not cover actions beyond the control of Advanced, including but not limited to windstorms, hurricanes, tornados, lightning, plant or animal life, such as termites, damage caused by Owner or other parties, or work done by parties not under the control of Advanced. Mechanical and electrical modifications are not part of Advanced 's responsibility unless included in the scope of work otherwise described herein. The extent of this guarantee shall not exceed the contract amount paid to Advanced Roofing and shall not extend to consequential damages. Claims made under this guarantee shall be made to ARI Insurance, Inc. c/o Advanced Roofing, Inc. Advanced Roofing is authorized to photograph the property in order to determine the scope of services, marketing, or other purposes associated with the project. CLAIMS: All claims for nonfulfillment of the contract shall be made within 30 days from completion of the work. Advanced reserves the right to correct any condition for which it is responsible including damage to other property. In the event others repair or attempt to repair any problem with the work done by Advanced, unless authorized by Advanced in writing, all guarantees and warranties associated with this project shall be void and of no other further force and effect. Advanced shall not be liable for any cost of work or repairs to its work done by others unless previously authorized by Advanced in writing. PAYMENT: Owner has represented to Advanced that it has the funds available to make payment and has further agreed to supply financial records satisfactory to Advanced, prior to commencement of construction. Owner agrees that, if requested to do so by Advanced, Owner shall complete a credit application authorizing Advanced to investigate the credit worthiness, credit history and/or financial responsibility of Owner. If Advanced in its sole discretion is not satisfied with Owner's current or future ability to pay, or Owner fails to complete a credit application, Advanced may terminate this contract without penalty. Final payment is due on the completion of the job and is a condition precedent to any warranty or guarantee obligation of Advanced or ARI Insurance, Inc. Any release, lien waiver or warranty issued pursuant to this project is delivered in escrow subject to payment and may be cancelled for nonpayment. Advanced's right to payment is not contingent upon the acceptance of work done by others and over which Advanced has no control. The prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all matters, including, but not limited to appeals. Broward County, Florida, shall be proper venue for any litigation involving this agreement. Interest shall be due on all amounts not paid within 30 days of the date due at eighteen percent per annum from the date payment was due. Owner hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida for any lawsuit filed arising from or related to this Agreement and waives any argument that any such court lacks jurisdiction or that venue in such forum is not convenient. In the event Owner commences any action arising under this Agreement in anotherjurisdiction or venue, Advanced shall, at its sole option, be entitled to have the case transferred to one of the jurisdictions and venues above stated, or if such transfer cannot be accomplished under applicable law, Owner consents to have such case dismissed without prejudice. UNFORESEEN CONDITIONS: This proposal is limited to the scope of work described and does not include structural issues which may be discovered during the course of the work. In the event that unforeseen conditions arise that were not apparent upon visual inspection, such additional work shall be performed on a time and material basis over the price stated in this contract. Examples of conditions which will be considered an unforeseen condition giving rise to an increase in the cost of the job would be the discovery of additional roofs during tear -off; or that the original roof was solidly mopped to the deck; deck replacement; deck securement/fastening; deck minimum gauge or deck conditions requiring repair beyond proposal allowance, or any other condition that Advanced should not reasonably have anticipated from visual inspection and included in the price provided for in the contract. It is recommended that a structural engineer inspect the roof deck. OWNER RESPONSIBILITIES: Unless otherwise provided for in the body of this contract, Owner is responsible for any of the following conditions: Asbestos testing and removal expenses, if any; wind uplift and moisture testing if required; engineering and attachment or enhancement of the existing/proposed roof deck system and any structural component of the building; the condition of the existing/proposed deck slope, structural integrity of the deck, method of attachment of the deck, buried conduits, and equipment below the deck or any other structural deficiencies which may contribute to preventing positive drainage on the roof surface; Waterproofing of the building envelope, including windows, doors, or other areas outside the scope of work performed by Advanced. Owner may be responsible for moving or otherwise protecting signs, lighting antennas, satellite dishes or other property or equipment which interferes with the reroofing of the property and agrees not to hold Advanced liable for damage to same unless Advanced accepted the responsibility therefore. Customer/Owner acknowledges that during the course of the roof removal process it is possible for small amounts of debris, including but not limited to, insulation or roofing fabric, to fall inside the structure. ARI will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree ARI shall not be liable for any claim, loss, or damage associated with debris falling inside the structure during the roof removal process. PRE-CONSTRUTION INSPECTION/LEAKS: Roofs ready for replacement are generally leaky and holding water which may, through no fault of Advanced, leak into the building during the course of the re -roofing process. Advanced shall use best roofing practices to minimize the risk of leaks but owner agrees not to hold it liable for leaks not directly caused as a result of negligent practices. Additionally, interior damage generally pre-exists commencement of the re -roofing project. Owner agrees to provide access to all interior areas and top floor units in order for the parties to document pre-existing damage. The risk is upon Owner, who agrees to indemnify and hold Advanced harmless, against any claim by Owner or any other party seeking to hold Advanced liable for damages where Advanced was not provided access during its pre -construction inspections to the areas in question. Owner also shall have the responsibility to notify its residents of the steps that must be taken to protect their property, which will be contained in the Start -Up letter provided by Advanced. Owner shall also provide the staging area and cooperate to inform and assist in preventing residents or others from entering that area or any area under construction. PRICES QUOTED ARE FOR GALVANIZED flashing, eves drip and gravel stop unless otherwise specified UPLIFT STANDARDS: All roofing systems will be installed in accordance with both the manufacturer's specifications and building code. Advanced does offer uplift guarantees but unless otherwise specified in this proposal post installation pressures are not guaranteed. EXISTING PROPERTY OR EQUIPMENT: Unless otherwise specified in this contract, Advanced shall not be liable for damage to property or equipment, including signs, lighting fixtures, antennas, satellite dishes or other equipment at the property which is reasonably at risk from the work performed by Advanced. Any expenses incurred by Advanced to protect said property shall be paid for by Owner. Page 636 of 830 RISK OF DAMAGE: It can be expected that the work will cause vibration, which could cause damage to the building or its contents. The Owner is in the best position to secure said property or, in the case of others who occupy interior units, to advise them of the need to do so. Advanced does not assume any risk and shall not be held liable for damage to stained, cracked or damaged ceilings or ceiling components, cracked or damaged plaster, insulation, acoustical tile or personal property or fixtures within or about the building(s), cracks in driveways, curbs and sidewalks or soffit repair or replacement. Additionally, Advanced shall not be liable for damage to parked vehicles or property located in or about the staging area assigned for its use, or for any damage or injury for respiratory problems which may result from the odors associated with its work. The Owner shall advise its tenants and employees of these risks and concerns and take such action as it deems reasonable. DELAYS: Advanced shall not be liable in any respect for any delays caused by strikes, labor disputes, court injunctions, actions by the Owner or by third parties, Acts of God, or other conditions outside of its control. In the event Advanced must remobilize as a result of any action for which the Owner is responsible, or due to weather or other conditions not the responsibility of Advanced, Advanced shall be entitled to an increase of the contract price attributed thereto. If it is necessary to perform additional work in order to protect the property from adverse weather, or to repair work damaged by adverse weather, Advanced will be entitled to a change order for reimbursement for same MATERIAL PRICE CHANGES: Due to extreme volatility in asphalt prices, the price set forth in this proposal/contract applies only to orders for asphalt products that are ordered and paid for within thirty (30) days of the date of this proposal/contract. All other orders shall be subject to change based upon changes in the price of asphalt -related products charged to Advanced. Similarly, if there is an increase in the price of steel products, isocyanurate insulation or other materials to be used on this project subsequent to making this proposal/contract, the price set forth in this proposal/contract shall be increased to reflect the additional cost to Advanced, who will submit written documentation of the increased charges. A fuel surcharge can be added if the price of fuel increases by more than 5% between the time the contract is signed and commencement. BREACH: In the event Owner terminates or breaches this contract, or if a condition attributable to Owner or Owner's property arises that prevents Advanced from fulfilling the contract, Advanced shall be entitled to be paid that percentage of the contract price as the percentage of work performed; plus for work not performed, all expenses incurred in preparing to perform same, mobilization expenses and profit which would have been realized had the work been completed. If the contract is canceled as a result of strike, labor dispute or conditions not the fault of or attributable to either party hereto, Advanced shall be entitled to recover from Owner that percentage of the contract price as the percentage of work performed; plus for work not performed, all expenses incurred in preparing to perform same, mobilization expenses or other expenses incurred related to the project but not profit for work not performed. NO ORAL PROMISES: There are no promises, representations or understandings outside of this instrument which instrument represents the complete agreement between the parties. No modification of this contract shall be valid unless in writing, signed by the party against whom the change is asserted. Any notification required by this contract shall be made in writing. LIMITATION OF LIABILITY: Advanced Roofing is not liable for any claim for injury or damages, whether based upon a contractual, statutory or tort theory, which result from: (a) natural disasters including but not limited to lightning, windstorm, hail, hurricane, tornado, wind gale force or greater; (b) misuse, neglect, or unauthorized alterations of the roofing system or as a result of or connected with materials supplied or installed by others; (c) exposure to damaging substances such as oil, solvents etc.; (d) failure of the substrate, surface or materials under the roof; (e) improper drainage; (f) lack of recommended maintenance; (g) damage resulting from water entry from any portion of the building structure which is not a part of the roofing system, or (h) any claim related in any way to damage or injuries from mold, spores, fungus, any organic pathogen or exposure to toxic or noxious substances fumes or vapors. Advanced Roofing shall have no obligation under this Contract until all bills for installation, service, and materials have been paid for in full. The Owner will, at its expense initiate an ongoing maintenance program to include keeping all pitch pans filled with mastic, maintaining caulk or sealant around all roof penetrations, cap metal, cover plates, gravel stops, counterflashings, termination bars, exterior scuppers, gutters, down spouts and leader heads, and keeping the roof free of vegetation, trash and debris and such other miscellaneous items necessary to maintain the serviceability of the roofing system. If this roofing system is covered under a manufacturer's Warranty, Advanced is not liable for the provisions thereof. The warranty and liability of Advanced Roofing shall only accrue to and be for the benefit of the original Owner named herein, and is NOT assignable or transferable without prior written approval and inspection by Advanced Roofing. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED ROOFING, INC. DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR LIMITS SUCH WARRANTY TO THE DURATION AND TO THE EXTENT OF THE EXPRESS WARRANTY REPRESENTED BY THIS WARRANTY. Advanced Roofing's exclusive responsibility and liability under this warranty has been transferred to ARI Insurance, Inc. and, in the case of a new roof, to make repairs that may be necessary to maintain the roofing system in a watertight condition for the length of Advanced Roofing's warranty period; and in the case of a repair, to repair any additional leaks which result from faulty repair work done by Advanced Roofing. (Owner acknowledges that leaks may come from more than one possible source and that Advanced Roofing does not guarantee that its repair will stop leaks not associated with the area repaired by it.) Advanced Roofing shall not be liable for its own negligence, or under theories of statutory or strict liability or any other theory of liability other than the exclusive liability set forth in this warranty which Owner agrees is it sole remedy notwithstanding the type or category of damages claimed. Under any circumstance, Advanced Roofing will not be liable for any personal injury claims, or claims for consequential damages to the structure (upon which the roofing system is affixed) or its contents, loss of time or profits or any inconvenience or expense incurred by Owner. Any change to the provisions of this section must be in writing and signed by a corporate officer of Advanced Roofing, Inc. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES Page 637 of 830 FINANCE & ADMIN. SERVICES DEPARTMENT Purchasing Division Phone: 954-572-2274 Fax: 954-578-4809 May 24, 2019 Sent Via Email i-Y.I gl]acll (> .:: ;!; g„ ;r,,g,cjjt.'. g,ggal Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22nd Street Ft Lauderdale, FL 33311 Phone 4 954-522-6868 (Emergency Phone 4 305-720-0733) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Award— Bid Title: Roofing Maintenance and Repairs Bid No. 19 -17 -12 -HR Mr. Kornahrens, I would like to inform you that the City of Sunrise Commission awarded the above referenced bid for Roofing Maintenance and Repairs on May 14, 2019. Please be advised that your firm was awarded the above referenced bid. Please see the attached documentation that provides a more detailed breakdown. The contract period shall be for three years, June 1, 2019 through May 31, 2022 with three (3) additional one (1) year renewals thereafter providing all terms and conditions remain the same. If I can be of further assistance, please do not hesitate to contact me at 954-572- 2202. Best Regards, �tt Holly Raphaelson, MBA, C.P.M., CPPO, CPSM Contracts Administrator cc: Ania Krumenacker, Administrative Officer 11, Utilities Attachment: Schedule "A" (24 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 Page 638 of 830 CITY OF SUNRISE BID SHEET & CERTIFICATION ALL BIDS SHALL REMAIN VALID FOR NINETY (90) DAYS AFTER BID OPENING The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Sunrise, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Sunrise, which are referred to below and made a part hereof, at the following unit prices, to -wit: The following unit prices are associated with roofing, re -roofing and roof repair components. Please be comprehensive in filling out the items involved below. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. An approximate quantity is also provided and the "unit price" and total blanks to be completed by Bidder. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. Please complete the following: Bzsc bid shall include: ROOF MANUFACTURER'S NAME: Carlisle ROOF BRAND NAME: Carlisle INSULATIONMANUFACTURER'S NAME: Carlisle INSULATION NAME: Carlisle ROOFING SYSTEM WARRANTY & PERIOD: 20 year No DollarLimit (.. ii iv —rw a r a n t r—e 3 71 Manufacturer's Preventive MaintenanceProgram Y �� rvrr mem n uu � rv� w w tt a w� w ma w rvww uu K uMaii rrry r �m�im Revised 6127118 Page 47 Page 639 of 830 A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE TOTAL B) ALLOWANCE for Permits. Contractor markup and overhead is disallowed. Payment shall be based on actual bona fide receipts. ALLOWANCE 10,000.00 TOTAL ILEMI- Furnish all materials, labor, and equipment for existing roof tear - off, including existing insulation board, down to substrate. This item also includes all disposal costs. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: Q Locations = 500 S.F .F. ,. ,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: Q Locations = 7.,500 S F @ $ 4.00 1S.F. = ,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:3M Locations = 25,000 SY @ $ 3.00 /S F. =$,75,000.00 TMAL ITEM 3: burnish all materials, labor, and equipment to install approved isotherm or polyisocyanurate rigid insulation board tapered, based on 1 %Z inches thickness, fully attached to substrate. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: Q Locations 500 S.F@ 4.00 IS.F. = S. 2,000.001 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: Q Locations = 7 500 SY _,, 3.50 IS.F. =$ 26,250.00 TOTAL Revised , ., Page 640 of 830 BID nTLE: BID ®17®12® CI✓ & REPAIRS Large Roof Repair/Replacement : Over 10,001 S.F. Approximately: 3 Locations = 25, . _ TOTAL a) Small Roof Repair Areas: 0 S.F. r 500 S.F. Approximately. -Q Locations 500 F 5.00 IS.F. 2,500-00 TOTAL b) ffiedium Roof Repair/Replacement areas. I. 10,000 Approximately: (2) Locations 1 500 1 =2=6=25=0.00 i; TOTAL c) Large Roof Repair/Rcplaccment Areas: Over 10,001 Approximately:f Locations 1 0 % - 2, TOTAL Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, with vent sheet, without insulation. a) Small Roof Repair. Areas: 0 S.F. - 500 S.F... Approximately: Q Locations = 500 S.F @ $ 9.00 /,. F. $ 4,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: 0 Locations = 7.500 S.F @ 4-00 IS.F. _ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:4W Locations = 2.5, 000 & F 2. F. = , TOTAL Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2 -ply base flashing, anchor sheet, without vent sheet (uninsulated applications). Small Roof Repair I I0 Approximately: TOTAL Medium Roof Repair/Replacement areas. 10,000 Approximately:00 ii' IS.F. $ 30,000.00 TOTAL Eu �q ii, mmmmiiiiu............................................ � rc�uuu rvmmuu muiu�wrvmwreuup uuwiuwmmuu� wuwmuuww �uuuuu� iuww wuuuuuH ,,, mm Revised 6/27/18 Page, 49 Page 641 of 830 c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:i Locations =46,200 t j 0 0 TOTAL a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: 21 Locations = 500 S.F* $.L.00 IS. F. _ 4000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: _L21 Locations = 7,500 S.F @ $ 5.00 f F, _ 37,500.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U3 Locations = 25.000 SY @ $ 3.00 /&F. _ $ 75,000.00 TOTAL a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -L21 Locations 500 S.F@ $ 12.00 1S.F - $ 6,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: � Locations = 25.000 S; 2. S.F. _ TOTAL a) Small Roof Repair Areas - 0 S.F. - 500 S.F. Approximately: � Locations = 500 S.F@ $ 5.00 IS.F. $ 4,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. ® 10,000 S.F. Approximately: -Q Locations =-8- 800 S.F@ $ 3.75 IS. F. = $ 33,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: _ U4 Locations =_46200 SF 2.50 1S.F. a 115,500-00 TOTAL Revised 6/27/18 Page 50 Page 642 of 830 Furnish all materials, labor, and equipment to install approved cants, 11/2 inches thickness by 3%2 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -2 Locations ::= 25. L.F@ 4.5.00 L.F.::::::: $ ............._1.2.!5..00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F.L Approximately: -Q Locations = 90 L.F@ $ 80.00 TOfAl c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. L Approximately: -L41 Locations = 200 L. F @ $ O.. 2 $ 100.00 TOTAL : Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:_ U2 Locations =®_.25 L.F $10. 00 IL.F. 500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: &21 Locations = 90 LY @ $ 20.00 /L.F. $ 1800.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 L. , ...... TOTAL Furnish all materials, labor, and equipment to install built- up roof rgpak/replacement, including pea gravel protection. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -LIQ Location = 450. IS.F. _ S 4,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -15,000 S.F. Approximately: - U2 Locations =12.000 ..F° @ k2.00.F S 24,000.00 TOTAL Furnish all materials, labor, and equipment to install built-up roof pea gravel. } Small Roof RepairAreas: S.F. Approximately:- 1 Location 450S. 10.00 IS.F. 4,500.00 TOTAL b) Medium Roof Repair/Replacement areas. !15,000 Approximately.Locations it 00 IS.F. TOTAL Revised 6127118 Page 51 Page 643 of 830 OWNUIR3 w3vall metal flashing, 24 -gauge stainless steel, 8 inches wide. ) Small Roof Repair as: S.F. - 500 S.F. Approximately: � Locations _ 2. .L F 12. F ::: $ 300.00 Approximately: ,L21 Locations = 25 . = TOTAL b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,900 S.F. Approximately: � Locations = 90 L.F@ $ 10.00F. 000.00 Approximately: - U2 Locations = 90 L.F@$16.00 /L.F. _ 11rilrYrAL c) Large RoofRepair/ReplacementAreas: TOTAL Over 10,001 S.F. Approximately: - U4 Locations =200 LY @ $_8-50 ILY. 1,700 1010 Approximately. - U4 Locations =200 LY @ $11.00 /L.1G = $ TOTAL Furnish all materials, labor, and equipment to install continuous 4 -inches metal drip edge. A) --Gazu = - . a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:_ U2 Locations = 25 .LY@ $18.00 /L,F $ 450.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: _Q1 Locations = 90 L.F@ $15.00 /L,F..-- $ 1,350.00 TOTAL c) Large Roof Repair/Rcplacement Areas: Over 10,001 S.F. Approximately: � Locations = 200 LY @ $10.00 /Z.F $ 2,000.00 TOTAL -- B) e A 1 a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: ,L21 Locations = 25 . = 475-00 TOTAL b) Medium Roof epair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: - U2 Locations = 90 L.F@$16.00 /L.F. _ 1,440-00 TOTAL c) Large RoofRepair/Replacement Areas: Over 10,001 S.F. Approximately. - U4 Locations =200 LY @ $11.00 /L.1G = $ 2,200.0. 0 TOTAL } a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -1 Locations = 25 .LY@ 19.00 IL.F. $ 475.00 TOTAL Revised 6127n8 page 52 Page 644 of 830 iI Medium Roof Repair/Replacement areas. 10,000 S.F. Approximately: - 20 Locations =- 90 LY@ $16-00 IL.F. 1,440..00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations 200 L F $ _LI-002�200.00 TOTAP0 a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -0 Locations = 25 L.F@ $_L9.00 &F. $ 475.00 TOTAL b) Medium Roof Repair/Replacement areas. . 501 S.F. - 10,000 S.F. Approximately: - U2 Locations = 90 L. F @ $L6. 00 ILF. 440ZO TO"FAL c) Large Roof Repair/Replacement Areas: over 10,00t S.F. Approximately: - U4 Locations = 200 LY 11-00 11-F. $ 2,200.00 TOTAL IIEM 12: Furnish all materials, labor, and equipment to install wall counter flashing 24 -gauge stainless steel, surface mounted with spring lock reglet and 24 -gauge stainless steel flashing, 6- inches vertical. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -Q Locations = 25 L. Q0.00 & F. $ 00.00 —A -- TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations =- 90 L.F@ $ 18-00 ILF. 1,620.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations =200 L.F @ $.15-00 /LF. 3,000-00 TOTAL Furnish all materials, labor, and equipment to install metal coping cap, snap-lok system, 8 -inches wide. A) 2424 Grua GWLwtkvLQ&d a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -Q Locations ::= 25 LE Go) $.21Z0 &.F., 525.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: - 2" Locations = 90 LY @ $.L9.00 ......... S I.07'1..0-100 FUTAL Revised 6127118 Page 53 Page 645 of 830 c) Large Roof Repair/Replacement Areas: Over 10,001 . Approximately: - U4 Locations = 200 LY 16:00 1L.F. $ 3*200.00 TOTAL �' a St i legis St__, a) Small Roof Repair as: 0 S.F. - 500 S.F. Approximately: M Locations _ 25 LY @, $ 22,.00 IL. F........ $ 550.00 TOTAL b) Medium RoofRepair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. � Locations = 90 L.F@ k20-00 /L.F. $ 1800 00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: Locations = 200_L.F @ $17.00 /L.F ,$..............x+00.00 Aluminum ith oar Uniab a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _L21 Locations = 25 L.F $ 22.00 FF $ -5-50.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: Locations = 90 L.F@ $ 20.00 /L,F °-1800-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: -f4j Locations = .200 LF @ $17.00 /L.F ITEM 11: Furnish all materials, labor, and equipment to install pipe mounting pedestals (4), with equipment rail (3 feet x 3 feet), and flashing, 1$ inches high. Approximately : —. U4 @$.L50.00 1EACH Furnish all materials, labor, and equipment to install pitch pocket, for 6 -inch diameter vertical element. THAZiN, mounting roof pedgaugeestal, complete with flashing, 12 -inches high. $ 3,400.00 TOTAL rjwjxolMM Mr $ 700.00 m oTAL Approximately :__ U4 @ $ „ ,75 , .. 11 $ 1s 100„00 mauu�muwwwumauuuuumm muu i� uuuuuu umuuuu uuum�mnumuuum�mi�mimuum7n'nmmuu ummu�m�umm�u TOTAL ................................................ � ........................... nig Revised 6/2711$ Page 54 Page 646 of 830 1r0itlabor,. ro penetratirn flashings, stainless r steel for r� r>es high, ,/' Approximately : (4) @ S 200.00 1EA CH 800.00 _. TOTAL MEBM. .: Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1'/z inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. Approximately: (4) $ 11800,.00 TOTAL "1'°''" : Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. Approximately : (4) 7. ,300.00 „T 'Ali., LEEM 20: Furnish all materials, labor, and equipment to install 6 -inch roof drains, standard dura -coated cast iron, steel inserts with strainer, and clamps (by Zurn, or City approved equal). Approximately :--U4 @1 24,800.00 TOTAL-- : Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. a) Small Roof Repair Areas: S.F.S.F. Approximately: - U2 Locations = 25 L.F.30-00 . = 750-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: - U2 Locations = 90 L.F@ 25.00 /Y -F. TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY @ $ 20.00 /Z.F. ,.. $ 4,000.00 TOTAL Furnish all materials, labor, and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4 -inch pipe. Approximately: (4) $_____300,00 7C0"rAL Revised 6127118 � Page 55 Page 647 of 830 ffljt � , rt 11 M0016&Xlabor,r equipment high x 16 inches wide metal scupper,sided with integral: strip and surface reglet flashing. A) 24 Gauge Galvanized Steel: Approximately: O $ ...............500.00 'TOTAL Gauge Stainless Steel Approximately: () $ 1,2.00.00 TOTAL i labor, diameter leader. Ap a �avax teal a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -2 Locations = 25 L.F@$.12-00 ILF 300.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: - U2 Locations = 90 L.F@ 10.00 /L. F. $ 900.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: � Locations = 200 LY @ $10.00 F; ...: $� 2,000.00 TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: � Locations = 25 L.F@ . _500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: ,Q Locations = 90 L.F@ r, 15.00 &F $ 1,350-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L. . 3,000.00 TOTAL C) a) Small Roof Repair s: S.F. - 500 S.F. Approximately: -U2 Locations = 25 LY Ga) $ 18-00 IT -F. $ 450-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: - U2 Locations = 90 L.F@ $13.00 & ........................:n:::........................................................... .::II.. 1..24C:,�,r00 "FiffrikL c) Large Roof Repair/ReplacementAreas: Over 10,001 S.F. Approximately: -L41 Locations = .200 L. $13.00 :: '„ '1600"010 ..... Revised 6127118 Page 56 Page 648 of 830 i'. : Furnish all materials, labor, and equipment to install continuous 4 -inch -wide metal gutter system. A) , Q.a.uL alvanm e Steal a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _L21 Locations == 2.5 L,F 5.00 / .F 125.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: _2 Locations = 90 L.F@ k5-00 /L.F: 45.1.11 IC) TOT.111 c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations = 200 LY Ga,. k5-00 11000.00 TOTAL Revised 6127/18 : The following time costs are for emergency work only as authorized by the City of Sunrise: Regular hate Approximately: 500 Hours @ S_ TOTAL Page 649 of 830 iLge 5jgftdUL&W a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: _Q Locations =- .25 L.F@ 20. . _ $ 500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: - U2 Locations =_ 90 L.F@ $12.00 IY-F.::::: $ 1,080.00 TOTAL c) Large Roof Repair/Replacement es: Over 10,001 S.F. Approximately: _ U4 Locations = 200 L @F. TOTAL C) a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -(21 Locations = 25 L, . 450.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately: -2 Locations = 90 L.F@ $10.00 ILL. $ 900.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: - U4 Locations =200 LY @ $10.00 IL.F. 2,000.00 TOTAL Revised 6127/18 : The following time costs are for emergency work only as authorized by the City of Sunrise: Regular hate Approximately: 500 Hours @ S_ TOTAL Page 649 of 830 Overtime Rate Approximately: 200 Hours@100.::00....._.. TOTAL } JoumoM (Labor price should be included in your bid for items indicated) Approximately: 500 Hours r $ !Ir IHOUR S 37,500.00 TOTAL Overtime Approximately:200 Hours @ $ 75-00 IHOUR r; 15,000.00 TOTAL C) Roofer's Helper (Labor price should be included in your bid for items indicated) I kegular Rate rr ► 00 Hours r 11 IHOUR I'vertime Rate Approximately: 2i ; 55-00 IHOUTj Furnish all materials, labor, and equipment to install 60 Mil, 'type II, fabric reinforced Uniform EPDM with a Class `A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by `Carlisle Syntec' for existing warrantied system. a) Small Roof Repair Areas: 0 S.F. - 200 S.F. Approximately: � Locations = 500 11 TOTAL b) Medium Roof Repair/Replacement areas. 0 S.F. — 2,000 S.F. Approximately: � Locations =1.500 SY @ $1.50 /S F. _ 2,250-0Q_ TOTAL c) Large Roof Repair/Replacement Areas: Over 2,000 S.F. Approximately: - U4 Locations =®, 2 . ---S 3,900.00 TOTAL ��..... �mr�xuuuuuummmuuuuuuuuwummuumeuuuuummuuuuuwmuuuuuwummr�uuuuuirouuuuuuuwmmrs�uummuumm�u�mm�mmr�uur�uuuurrmuuuuumrnuuuuuuuuu��mirfiuuuurMmrm�nMur�� ..... .- - .- r .- �� .� .. � ..... .... _, .... ..... .... .... ^"Ili��^��Vi^��mmm m�muummeumuu�uum�mmcmumrmmi�rpmumrrervmi mmmrmc�mu;��mrypum�muuuuuur�muwmrcm�p,iwwuwuv�w�mi.. ...,. i�mmmm!�mn Revised 6/27/18 Page 58 Page 650 of 830 ITEM $: Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by `Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by `Carlisle Syntec' or other manufacturer for existing warrantied system). a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: -Q Locations = 500 S.F@ $±-00 IS.F. $ 3,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 500 S.F. — 3,000 S.F. Approximately. (2) Locations = 3,500 S.F@$,3.50 IS.F. =_ $ 12,250,.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 3,000 S.F. Approximately: Locations = 25• 000 S.F @ $_L.50 /S.F. =$ 112,500.00 TOTAL Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: Locations 500 S.F@ $ 6.00 /S.F = $ 3,400.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. —10,000 S.F. Approximately: -U2 Locations =3 500 S F @ $ 5.00 IS. F. _ $ 21,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. Approximately: _ U4 Locations = 22,200 k6-00 r TOTAL IIEBLU: Furnish all materials, labor, and equipment for existing roof tear - off, down to substrate. This item also includes all disposal costs. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: f3 I Locations 1.500 .F@ $ 6.50 1S.F.:::::::$ 9,750.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_ Locations =-2, 000 S F @ $ 6.00 /S.F $ 12,000.00 TOTAL mm� n�nuu m iuum�imnum� imuux mei n i mm Revised 612711$ Page 59 Page 651 of 830 051-010ff I-WIFTI-1IMSEME11-5 B) ConacteXIU.T& a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations = .1 _L500 S.F @ IS.. F 18,000.00 12.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2 000 S.F@ $�10- 00 IS.F. 2p,000.00 TOT -#L a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _Q1 Locations = 1,500 SY (a), $15.00 IS.F. S 22,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q1 Locations = 2,000 00 IS.F. $ 26,000.00 TOTAL D) Ndal Shingki a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - 30 Locations 1,500 SY @ $_L5.00 IS.F. = $ 22,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2.004 S 0,) $13.00 )S.F. 26,,000.00 TOTAL ® Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates. a) Small Roof Repair Area: 500 S.F. Approximately: -(31 Locations = 1. 500 S.F@ $j�.50 1S.F.::::z $ 6,750.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2. 000 SY @ i 3.50 IS.F. 7,000..q0_ TOTAL B) nz- fa I&Vz Revised 6/27/18 a) Small Roof Repair Area: 500 S.F. Approximately: _Q1 Locations �-.1,500 SY @ $10-00 IS.F. $ 15,000.00 TOTAL Cw-ped Roof: (1)Location =-1,500S.F@$_L0.00 1S.F.:::::::::: $ 15,000.00 TOTAL Page 652 of 830 BID TITLE: BID 19 -17 -12 -HR BID NUMBER: ROOFING MAINTENANCE & REPAIRS b) Medium to are Roof Repair Area 501 S.F. and Up Approximately: _M Locations = 2 ,000,Y.F. 3-6,000-00 TOTAL CurvedRoqf: (])Location =Z500 8.00 IS.F.= $ 20,000.00 underlayment materials. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. - 30 Locations ,, 1, 500 S. F @ $ 0. 50 1S.F S 75000 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations =_2,000,'.7.F@$2.40 1S.F.::::::: S 800.00 TOTAL a) Small Roof Repair Area: 0 SJK- 500 S.F. Approximately: _0 Locations = 1, SY 2.00 IS.F. = $__3,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. - 2 Locations = 2.F 2-50 1S.F.:::::::::: $5,4000.00 TOTAL 6M. Iffmcnomw ",-MFVwT;;1WWMMrMrT a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -t3 Locations nt 1.500 S.F@ $.j.00 IS.F. 6,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: fl7000.00 Locations =_2,000 SY @ $�3-50 IS.F. TOTAL a) Small Roof Repair Area: 0 S.F. Approximately: 3 Locations =1500 ST @ $.2-00 IS.F. zz:: $ .. 7500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_L21 Locations =2,000S.F @$±._501S.F. $ 9,000.00_ TOTAL Revised 6/27/18 Page 61 Page 653 of 830 BID TITLE: BID 19-17-12- A) a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _f3 Locations =1.500 S. $_5-00 IS. F. TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -Q Locations = 2.000 .50 IS.F. $-9-J0-00.00 TOTAL a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately:_ U3 Locations =1, .F. 7.91D.,00 TUID4L b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 2.000 SY @ $.2-25 IS.F 500-00 TOTAL Furnish all materials, labor, and equipment to install pressure treated blocking. a) Small Roof Repair Area: 0 S.F.-.500 S.F. Approximately: - U3 Locations :!!:::=-100 L.F. @ $.5-00 11-F 500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._Q 1,LF. 1 Locations = 300 00.00 TOTAL B) 2.Lk a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: -L31 Locations =100 LY $1.00 IL.F. $�—Q00.00 b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations = 300 L.F. TOTAL 31OF WTI Revised 6/27/18 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations =100 L.F.F. IL.F. :=; $--1-1.000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations =300 L.F 8.00 ILF. $ 2,400.00 t. rt Page 654 of 830 x- w ; n asli'�; >; 1 11. E : Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 29 (:a�oe Cteinla_a Reel Drin F.dne—flinch Pro61e a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: Locations = 1011 L. $12a 1200.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: � Locations =300 L.F. @ $10.00 ILY 3,000.00 TOTAL tlp : Furnish all materials, labor, and equipment to install metal gutter. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: � Locations = 100 L.F. $.L5.00H500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -L21 Locations =300 L.F @ $20.00 /L.F; = $ 6,000.00 TOTAL a) Small Roof Repair Arca: 0 S.F. - 500 S.F. Approximately: � Locations = 100 L 7. E -- $2,700.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations =300 L.F . - 6 600.00 TOTAL Furnish all materials, labor, and equipment to install rigid standard ridge vent, high density polypropylene or UV - stabilized plastic. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _Q1 Locations —100 L. . 10-00 . $1,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately: M Locations =300 L.F. @ $ s.00 /L.F $ 2,400.00 TOTAL Revised 6/27119 Page 63 Page 655 of 830 I1,11 0a 1 Is ka WE�„ surfacedreinforced asphalt shingles, mineral -granular self- sealing. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _ U3 Locations = 1, ,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately: � Locations = 00 3.50 IS.F. _ ___7m 000.00 TOTAL Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34 -inches x 12 -inches, 2 clips per panel. a) Small Roof Repair Area - 0 S.F. - 500 S.K. Approximately: U3 Locations =1_,,500S.F@$.L5.00 Iss 22,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately: _ U2 Locations =-2. 000 SY @ $15.00 /S F. $ 30,000.00 TOTAL ILTEM 32: Furnish all materials, labor, and equipmek to install galvanized steel sheet, .0276 inch with siliconized polyester coating. A) 51a ding Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _U3 Locations = 1.5 24 8000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -L21 Locations = 2.000 S F @ $15.00 /S F. S 30,000.00 TOTAL B) Batten Seam a) Small Roof Repair Area; 0 S.F. - 500 S.F. Approximately: _L31 Locations =1.5 ....15,000.00 - TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _(21 Locations = 2.000 S F @ k9-00 /S F. S 18,000.00 TOTAL u iw um m um a uuuuu u=mumuuuu�i�u u�m�=um�i�uuu �u i� i Revised 6/27/18 Page 64 Page 656 of 830 sheet, coil coated alloy, .040 inch with silicont7ized polyest coating. Small Roof Repair 500 Approximately: Locations i 00 25,500-00 TOTAL Medium to Large Roof Repair Area 501 S.F. and Up Approximately. ! l a $_16-00 IS.F. 32,000.00 TOTAL a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: Locations _ 1.500 S..F 11® IS.F. - $___16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: Locations = , TOTAL a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: Locations 1, 500 ST @ $11.00 /S.F. $--16,50Q--00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _Q Locations = 2.000 ST @ 10a IS. , $__20,000-00 TOTAL a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: Locations 1.S.F 12.00 IS.E 0.00 TOTAL b) Medium to Large Room Repair Area 501 S.F. and Up Approximately: Locations = 2.000 S.F @ $10.00 /S F $�� 20e,000.00 TOTAL L Revised 6/27/18 page 65 Page 657 of 830 01-011V "Ifff'") 10010 N NJ 3 1,134 Ike '*T416) a 1020250 129 1 OZENINN W -M 0 a VA I IIEBI.U: Furnish all materials, labor, and equipment to install clay roof tile. A) S2aakL:&Mk a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations =1. ST $_LI.00 IS.F. S .......... 16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations =2.000 SY 10-00 IS.F. $.....20LO00-00 TOTAL B) a) Small Roof Repair Area: I. S.F. - 500 S.F. Approximately: 31 Locations = I SY $.11.00 IS.F. 16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -L21 Locations =.2, 000 SY 10-00 IS.F. 20,000.00 TOTAL : Furnish all materials, labor, and equipment to install 4" diameter leader. a) Small Roof Repair Arco.: 0 S.F. - 500 S.F. Approximately: -(31 Locations ::::::::: 100 L.F. @ S.E.00 IL.F. = TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: - U2 Locations =300 L -E @ S�7-00 1L -F-::::::: $ 2,100.00 TOTAL 1�WITI ri M 17, W.11 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _Q1 Locations 100 L.F. @ $2.00 IL.F= m TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -f2 Locations = 300 L.F. @ $L8.00 IL.F$ 2 00.00 4 TOTAL a) Small Roof Repair Area: Approximately: _L31 Locations 100 L.F. * $_LI.00 IL.F. $ 1, 100-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: _ U2 Locations =300 0-00 /I -F $ 3,000-00 TOTAL Revised 6/27/18 Page 66 Page 658 of 830 ry pff MI =1 I � 1! 1 1 A) Anankk�� a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: - U3 Locations = ],500 S.F . $ 15,0=00 —fg—rAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_ U2 Locations =-2.000 S.F @ $ 9-00 IS.F. 18,000-00 TOTAL B) EkL%gA& a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: _L31 Locations =_L500,5.F (a $]9.00 IS.F. $_13 500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: -Q Locations = 2S.F @ $ 8.50 IS.F. 17,000.00 ,0 00 TOTAL IIEN 44. Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Doemnentation of vendor cost must be provided whd-i written (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. $25, 000 x 25 $ 69250.00 TOTAL rrEM 45: Crane Rental ALLOWANCE — based upon receipts and as authorized by the City. ALLOWANCE 20,000.00 TOTAL ................ --------------- Revised 6/27/18 Page 67 Page 659 of 830 Roofing Inspection and Report The report will be comprehensive and include a quote for repairs formatted in line with the contract. The quote shall identify emergency, remedial and replacement cost. Report shall include but not be limited to the following: 1. All roofing inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure inclusion into the report. 2. Providing information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any other information that may be required). 3. Providing color images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A=10 or more years of service life remaining; B=8 to 10 years of service life remaining; C=5 to 7 years of service life remaining; D=2 to 4 years of service life remaining; F= Less than 1 year of service life remaining. NOTE: The City may increase or reduce the total number of roof quantities needed to be inspected and reported. Approximately 100,000 S.P.@ $ 0.06 /S.F. = 000.00 TOTAL Two Wlllliiorn "i`Ihiree Hurndired Twelve Thousand (Four Flundired Forty I[: ollllairs (WriftenAmount) ic' e e r e d i ,. Percentage: is % up chargs, Advanced P.00fiiirroa, Inc w Polbert P. IKornahreins, President Vendor Name IName of lLythori ed Person Revised 6127118 Page 68 Page 660 of 830 "At", I I I I =1 ! I I I 1 1 I M;•.1 ` 1 I;. 1 ! 11 I '.# ! :� I' 11Ir Id 1 f' with theamountIworknecessary or tobring G'contract A within I established limit. All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. All deliveries will be made by Common Carrier ONLY. Yes X No Delivery will be made within ® (To. Be - I t° °► eri I t c - c° r f i t indicated withr the bid document If applicable, would you extend the prices bid herein to other municipalities' Award of bid is not contingent upon concurrence with this offer to other municipalities. Yes; X No; ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda, if any, by listing the Addenda No. and date of issuance. ADDENDUM L /DATE ADDENDUM O /DATE t_ --------ADDENDUM NO/DATE Advanced Roofing, Inc,°""..... Robert P. Kornahrens8 President Te-ndor Name Name of Authorized Person Revised 6/27/18 Page 6 Page 661 of 830 1, the undersigned hereby agree to furnish the items and I or services described in this Invitation for Bid. I certify that I have read the entire document, including the Specifications, Requirements, Terms & Conditions and Schedules, and agree to furnish the items and services under the requirements of the Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his/her signature that the person signing this Certification is authorized to bind the firm by their signature. Coral a n Uaiir-ne d'iA%rarwied I11,010fill inc. J.-kirkdress ILRE.VW,lu lkilWInd 15t- Ciit li:: c:)rt: ll....auderdalle ...... .............. ......, Site l II.... dip ; ; ; 1..1.. P on (954) 522-6568 Faxk (54 66-2967 ail �� µ michaeIk@advancedroofing.com Signature. Title President Printed__;'A FEI® or Social Security No,. 59 2360591. SOCIAL SECURITY NUMBER COLLECTI _ DISCLOSURE STATEMENT Please be advised that pursuant to Section 199.079(5) (a) .a., Florida Statutes, the City of Sunrise CCity°} discloses that the City requests your social security number for the purpose of payroll eligibility verification, processing employment benefits, income reporting, tax reporting, background checks on employee applicants, advisory board applicants and other City program volunteers. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. Revised 6/27118Page'710 Page 662 of 830 Am Public Hearing 4/20/2021 Requested Action by Commission: Proposed Ordinance No. 21-014 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-015 - First Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. Explanation of Request: At the April 6, 2021 Commission Meeting, the City Commission directed staff to place the Knuth Road property Land Use Map Amendment and Rezoning (LUAR 21-003) on the agenda for consideration. A brief synopsis of the request is as follows: The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. There are two major factors contributing to the need for the proposed amendment The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3 Community Commercial Zoning west of 1-95 are likely to use Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three-way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth Road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is initiating FLUM amendment and rezoning for the subject lot, reclassifying it from Local Retail Commercial (LRC) to Mixed - Page 663 of 830 Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. How will this affect city programs or services? N/A Fiscal Impact: Once a Master Plan for the site is submitted and approved by the City Commission and a project is constructed, revenue will be generated from the building permit fees, business tax receipts and increased property value. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type f firdliir:air CE) f firdliir:air CE) Staff IIRE)p.:irt 1.....ocaflioir: li Map Exhhilb �if Exhhilb �if Exhhilb �if Exhhilb �if Description f firdliir:a l['IC2, appiraga r:g irasz01r:li1r:g IiCir:L.aifh IRoad piroPE)irty f firdliir:a l['IC2, a ppir nkng Ila ind LASE, dE)Sigina bola for K111LAth IRoad Staff IIRE)p '.:ir t Exhibit A 1.....oca bola li Map 1:::::LAtLAir'E) II.....a ind USE) I Map (CLAir'ir'a)ir:f) 1:::::LAtLAir'E) II.....a ind USE) I Map (PirolPc. SE: ,d) f:oir:liir g li Map (CLAir'ir'a)ir:f) f:oir:liir g li Map (PirolPc. SE: ,d Page 664 of 830 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 KNUTH ROAD FROM PCD PLANNED COMMERCIAL 7 DEVELOPMENT TO SMU SUBURBAN MIXED USE; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from PCD Planned Commercial Development to SMU 14 Suburban Mixed Use; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from PCD, 25 Planned Commercial Development to SMU, Suburban Mixed Use. A location map is attached 26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD (STATE 28 ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH FARMS COMPANY PLAT 29 NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT 30 PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS 31 THE EAST 15.0 FEET THEROF, and 32 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH FARMS CO. 33 PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 34 BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED 35 IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH 36 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF 37 INTERSECTION OF THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT 1 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance.Docx Page 665 of 830 38 OF WAY LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 39 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., ALONG SAID RIGHT OF 41 WAY LINE, 15.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 42 S.88028'40"W., ALONG SAID SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE 43 S.0000'00"E., 264.00 FEET; THENCE N.90000'00"E., 185.00 FEET TO A LINE 15 FEET 44 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; THENCE 45 N.0000'00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO THE SAID POINT 46 OF BEGINNING, CONTAINING 49,295 SQUARE FEET OR 1.1317 ACRES MORE OR 47 LESS Irl 49 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 50 accordingly. 51 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 52 Section 5. Should any section or provision of this Ordinance or any portion thereof be 53 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 54 remainder of this Ordinance. 55 Section 6. This ordinance shall become effective immediately upon passage. 56 FIRST READING this day of April, 2021. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 SECOND, FINAL READING and PASSAGE this day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) 2 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone- Ordinance.Docx VOTE YES NO Page 666 of 830 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS KNUTH ROAD AND 7 DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO 9 MIXED-USE LOW (MXL); PROVIDING FOR CONFLICTS, 10 SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 22 (designation) of the Comprehensive Plan as hereinafter provided. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD 30 (STATE ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH 31 FARMS COMPANY PLAT NO. 8, ACCORDING TO THE PLAT THEREOF 32 RECORDED IN PLAT BOOK 5 AT PAGE 73 OF THE PUBLIC RECORDS 33 OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 15.0 FEET 34 THEREOF, and 35 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH 36 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, 37 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO 38 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73 OF THE S:ACA\ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 667 of 830 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED 40 AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF 41 THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT OF WAY 42 LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 43 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS 44 OF PALM BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., 45 ALONG SAID RIGHT OF WAY LINE, 15.01 FEET TO THE POINT OF 46 BEGINNING; THENCE CONTINUE S.88°28'40"W., ALONG SAID 47 SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE S.0°00'00"E., 48 264.00 FEET; THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 49 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; 50 THENCE N.0°00' 00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO 51 THE SAID POINT OF BEGINNING, CONTAINING 49,295 SQUARE FEET 52 OR 1.1317 ACRES MORE OR LESS. 53 54 is amended from Local Retail Commercial (LRC) to Mixed -Use Low (MXL). 55 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 56 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 57 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 58 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 59 including appeals, are exhausted. In the event that the effective date is established by state law 60 or special act, the provisions of state act shall control. 61 FIRST READING this day of April, 2021. 62 SECOND, FINAL READING and PASSAGE this day of , 2021. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor — Steven B. Grant 67 68 Vice Mayor — Ty Penserga 69 70 Commissioner — Justin Katz 71 72 Commissioner — Woodrow L. Hay 73 74 Commissioner — Christina L. Romelus 75 76 VOTE 77 S:ACA\ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 668 of 830 78 ATTEST: 79 80 81 82 Tammy Stanzione 83 Deputy City Clerk 84 (Corporate Seal) S:ACA\Ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 669 of 830 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: April 9, 2021 PROJECT: Knuth Road LUAR 21-003 REQUEST: Approve Knuth Road Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Low (MXL), and Rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. PROJECT DESCRIPTION Property Owner: Knuth Rd Trust & Knuth Gas & Oil Inc. Applicant: City -initiated Location: Southwest corner of Knuth Road and West Boynton Beach Boulevard Existing Land Use/ Zoning: Local Retail Commercial (LRC) / PCD, Planned Commercial Development Proposed Land Use/ Zoning: Mixed -Use Low (MXL) / SMU, Suburban Mixed -Use Proposed Use: No use proposed at this time Acreage: 12.52 acres Page 670 of 830 Page 2 Knuth Road LUAR 21-003 Adjacent Uses: North: On the northwest, right-of-way of West Boynton Beach Boulevard, then developed commercial properties in unincorporated Palm Beach County, classified Commercial High with an underlying HR - 8 and zoned CN Neighborhood Commercial and CS, Commercial Specialized; on the northeast, developed commercial property (gasoline station), classified Local Retail Commercial and zoned PCD, Planned Commercial Development; further north, right-of- way for West Boynton Beach Boulevard and then developed commercial property in the City, classified Local Retail Commercial and zoned C-3, Community Commercial; South: Developed residential community of Quail Ridge Country Club in Palm Beach County, classified Low Residential and zoned AR, Agricultural Residential; East: Right-of-way of Knuth Road; farther northeast, developed commercial retail property (Aldi Grocery), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; further south, developed office property, classified Office Commercial (OC) and zoned C-1, Office Professional and then developed residential community of Stonehaven, classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; and West: Developed residential community of Quail Ridge Country Club in Palm Beach County, clasified Low Residential and zoned AR, Agricultural Residential. BACKGROUND The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. 2 Page 671 of 830 Page 3 Knuth Road LUAR 21-003 PROCESS Since the size of the property under consideration exceeds ten acres, the proposed Future Land Use Map amendment is subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the City Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. There are two major factors contributing to the need for the proposed amendment: • The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3 Community Commercial Zoning west of 1-95 are likely to use Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. • Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three-way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is initiating FLUM amendment and rezoning for the vacant 12.52 acre lot, reclassifying it from Local Retail Commercial (LRC) to Mixed -Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. 3 Page 672 of 830 Page 4 Knuth Road LUAR 21-003 b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic 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 transportation choices. Policy 1. 8.2 The City shall discourage urban sprawl by; A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. In 2018, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but the preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL), with a corresponding SMU zoning. The subject requests do not include master plan/site plan. If approved, the amendments should renew the market's interest in the property and support a mix -use master plan consistent with the City's vision for the property. Any future master plan for the site will require City Commission review and approval after public hearings are conducted. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 673 of 830 Page 5 Knuth Road LUAR 21-003 See response to criterion "a." Moreover, the land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of office and retail as well as single- family residential uses. The proposed FLU category and zoning district will allow for both residential and commercial uses but, given the market trends, staff is anticipating a future master plan to consist mostly of multifamily dwellings, with some street -fronting commercial uses as required by the Land Development Regulations. Any possible negative impacts of incompatibility between the potential height and bulk of multifamily buildings and adjacent single-family homes, particularly those in Quail Ridge Country Club to the west and south of the subject parcel, will be specifically mitigated through the master plan's design features. The parcel does not directly abut any residential structures within Quail Ridge, only the golf course itself. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations support a sustainable integration of a mix of uses. As noted earlier in this report, the master plan is not included in the subject request but when submitted, it will be reviewed for sustainability per the City's Sustainable Development Standards ordinance. The ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site, but, depending on the master plan, the mains and /or force main piping may require upsizing. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of master plan application. 5 Page 674 of 830 Page 6 Knuth Road LUAR 21-003 Schools. The School Capacity Availability Determination application will be submitted to the School District of Palm Beach County at the time of master plan application. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current commercial -only PCD zoning. As noted before in this report, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but staff's preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL) with a SMU zoning, same as FLU and zoning designations requested for the subject property. Note also that the potential traffic impact of a project supported by the proposed amendment would be considerably lower than than the impact generated by a large commercial development. Finally, the future master plan will require features designed to mitigate any potential negative impacts of the project's height and scale on the adjacent low-rise residential properties. The proposed amendments are related to the needs of the neighborhood and the City as a whole. A future mixed-use project will meet a stringent design standards, generate demand for commercial uses located along Congress Avenue corridor, and encourage further modernization of older developments. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould. (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; Cel Page 675 of 830 Page 7 Knuth Road LUAR 21-003 (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multifamily dwellings appear to continue unabated. A required commercial component will also create jobs. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See criterion "a." The request reduces the amount of land available for commercial -only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed -Use Low (MXL) category. Even though the future project will likely be predominantly multifamily residential, it will require a commercial component. Moreover, apartment residents will create demand for commercial uses throughout the Congress Avenue Corridor area. Ultimately, an increase of City tax revenue will be considerable. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The future master plan/site plan shall comply with the requirements of the SMU zoning district. 7 Page 676 of 830 Page 8 Knuth Road LUAR 21-003 RECOMMENDATION This is a City -initiated FLU amendment and rezoning, therefore staff recommends that the request be approved. S:\Planning\SHARED\WP\PROJECTS\Knuth Road\Knuth Rd LUAR 21-003\Knuth Road LUAR 21-003 Staff Report.doc Page 677 of 830 LOCATION MAP EXHIBIT A J 75 150 300 450 Feet Page 678 of 830 EXHIBIT B KNUTH ROAD: CURRENT FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 679 of 830 EXHIBIT B1 KNUTH ROAD: PROPOSED FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 680 of 830 EXHIBIT C J 95 190 380 570 Feet Page 681 of 830 EXHIBIT Cl KNUTH ROAD: PROPOSED ZONING J 95 190 380 570 Feet Page 682 of 830 AM Public Hearing 4/20/2021 Requested Action by Commission: Proposed Ordinance No. 21-021 - First Reading - Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, General Administration, Article 11, Definitions, and Article V, Housing I nitiatives, Section 2, Workforce Housing Program. (Tabled to May 4, 2021) Explanation of Request: The present version of the Workforce Housing Program was approved on December 17, 2019. The 2019 amendments included two key changes to the program's applicability. The first change was the expansion of its geographic applicability from the Downtown Transit -Oriented Development District (DTODD) only to citywide, for projects with the future land use (FLU) classifications of Mixed Use High, Medium, Low, and Special High Density Residential. The second pertinent change was to extend eligibility for the 25% density bonus—also citywide—to developments implementing affordable housing programs with 100% affordable units in all FLU except Low Density Residential. Additionally, the 2019 amendments included the increase of the fee -in lieu amounts for both for -sale and for rent units. The higher fees were intended to encourage construction of units. To further incentivize construction, the amendment also included an increase in the percentage of set-aside workforce housing as a base for in -lieu fee if the payment option was selected. Staff presented several possible revisions to the existing Workforce Housing Program to the City Commission at the January 19, 2021 meeting. The revisions discussed included: revising the income requirements used from the Palm Beach County HUD Area Median Income to Boynton Beach Median Household Income, the separation of the workforce and affordable housing programs, reduction in the number of units required in order to participate in the program, and changes to the program bonuses. Staff received feedback to proceed with the above revisions and these revisions are included in this ordinance. The feedback on the current W H Program from the private sector indicated that further revisions are needed to achieve both the Program's goal to provide attainable units and make it feasible for developers. The main issue was a dramatic rise of land prices in recent years, resulting in very high development costs, especially for projects in the City's downtown and adjacent areas. Expensive multi-level structured parking, required in the highest density projects, made them financially unfeasible, notwithstanding application of the density bonus. The proposed amendments aim at making the program more usable and attractive to the private sector, and therefore support redevelopment projects of strategic importance to the City. The following is a summary of the amendments: Separate income eligibility criteria and provisions relating to construction on-site for "workforce" and "affordable" categories, while creating a uniform payment option (fee -in -lieu) for both categories; Page 683 of 830 • Set a 30 -year term of restrictive covenant for affordable units (versus a 15- year term for workforce housing); and • Change the source of income data for the Program from the current Area Median Income (AMI) for Palm Beach County as provided by HUD, to the Boynton Beach Median Household Income (MHI) as taken from the US Census American Community Survey. There are no changes proposed to the amount of the fee -in -lieu. Staff recommends approval of the subject code amendments to increase the development community's interest in participation in the Workforce Housing Program. The Planning & Development Board reviewed this item at its February 23rd meeting and forwards it with a recommendation for denial. How will this affect city programs or services? The subject code amendment aims to increase the development community's interest in participation in the Workforce Housing Program and ultimately add attainable housing options to the City's housing stock. Fiscal Impact: Budgeted The amendments will have no direct fiscal impact. However, once the program is utilized it may allow for a greater number of units to be built that ultimately contribute to the tax base. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type f firdliir:airiCE) Staff IIRE)p.:irt irTIE)r:dirTIENI':f f fflh E)r Description Ordliir:a l['K,E) Staff IIRE)p '.:ir t Exhibit A A rTIE)r:dirTIENI':f Fl irE)SE)iritaflior: Page 684 of 830 I ORDINANCE NO. 21-021 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE 6 V. "HOUSING INITIATIVES", SECTION 2, "WORKFORCE 7 HOUSING PROGRAMS"; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the present version of the Workforce Housing Program included two key 11 changes to the program's applicability Workforce Housing Program and was most recently 12 revised on December 17, 2019; and 13 WHEREAS, the proposed amendments aim at making the program more usable and 14 attractive to the private sector, and therefore support redevelopment projects of strategic 15 importance to the City; and 16 WHEREAS, the City Commission has considered the recommendations and has 17 determined and finds that it is in the best interest of the citizens and residents of the City of 18 Boynton Beach, Florida to approve the amendments to the Land Development Regulations 19 Workforce Housing Program as contained herein. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing whereas clauses are true and correct and are now ratified 23 and confirmed by the City Commission. 24 Section 2. The Land Development Regulations of the City of Boynton Beach 25 Code of Ordinances, Chapter 1, Article H, Definitions is hereby amended as follows: 26 Chapter I, Article H, Definitions. 27 ... 28 AFFORDABILITY CONTROLS - Restrictions placed on >z( ,rrdrt 1c ri � id workforce housing units by which 29 the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the 30 units remain affordable to low and moderate income households. -1- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 685 of 830 31 A.FF0 14,I)A1111,11' 1111()ifjSlN(11JA1 1" - A dvv,,dllillr€r w be srrllrf M ]lr&Cd W �ulr illrrfikilrfrwrrll arr° ��°lillly drrr�. 32 illy W lriluw°1r V1rC r°� � �;;, arr° lir°larr Ermu°.':C"..] a lir°lC`MS (illruw°llrRJM...:fjj� uJ1 .gull, mWres�, Maes, 33 allR;UTrMrGwC` Mr4f �ussoc,''�IJO� ..4fgr s IIw XGw°�,� 4Y drl11V 1Err"Gw°11r� „�� t7 Q f � � Eros allrGw°Q ll4"a��.,. 34 0 lra US(,.I10kfS �;l� l� �urv...uwll�u��<rilf`'�rrf �u�r �(,."ry lOVV gar IOV lrarrN.CJI011rfs.,.. 35 AFFORDABILITY TERM - The time arl <01'orJ i[ lr: or workforce housing unit is required to remain 36 affordable to income qualified buyers or renters. 37 ... 38 BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in -lieu of payments, 39 donated land, or housing units for the purpose of providing �dI'or,d�d llc �imf, workforce housing units. 40 41 ... 42 DEED RESTRICTION - All for sale workforce housing units created under the Au6ulllr�d llc 43 eFltfaFee- Housing Program shall be deed restricted for fifteen (15) years, recurring. All rental 44 workforce units created under the program shall be deed restricted for fifteen (15) years, non - 45 recurring. Allll [or sr dc �dj'rr°df llrllc 1ra�..„<lllrs.r a OLVJll1=(' Pray€.rr°�q,, Q a.. �lrll�<, uw°r°v�um�rr rwarlr err° � rl /">��sulllr �u rl�r f l.. a.... � lir°l <rr�ul.a 46 be.. deed rcuy„ frrdrlrav (;u)) ru~�rrllr, Alrrrd �dj'rrdd r f10LVrr.' U �<~Md(,rr .. 47 dic,, pwrowr,r,��ii-r srir illl bc” dccrf f'or drilrav ...yc"�a s, rlrQrlr r�ruw;a„rrlllrswr The deed restriction shall be 48 recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. 49 ... 50 ELIGIBLE OCCUPANT - Relative to the , /"1usJi I�u>I�„llc Housing Program contained in 51 these Regulations, it is a person who meets income requirements of the program. Priority will be 52 given to persons who have lived or worked within the city limits of Boynton Beach continually for 53 one (1) year immediately prior to the date of application for a workforce housing unit. 54 ... 55 INCOME QUALIFIED HOUSEHOLD - Under the 14ousing Pprogram 56 provisions of these Regulations, it is a household whose income is verified to be either low income 57 or moderate income. 58 ... 59 LOW INCOME HOUSEHOLD - Under the-e-Auauill d llc Housing Program provisions of 60 these regulations, it is a household with a gross, combined income between sixty percent (60%) and 61 eighty percent (80%) of the kovmoa i keM.11„ MC(lM1 fllarLN(,rrarlr 1„lruw°arlir°1�. illr(,rr rv.�lr�,, mv�r ur° l.lS C �u r �rf 62 CCWMs r Alirl�°r°lluw°.o r CarliTlU)°lrwlritdy Srwr.r(,1�, , - 4 .. 63 p A44+e l H+ttirlly- mho- paF�HW,4 0rIHd4Jr ve4opiw%t (H41)4- 64 ... 65 MEDIAN HOUSEHOLD INCOME (MHI) - Under the if ousing J, program 66 provisions of these regulations, it is the City of Boynton Beach Median Household Income �s dr: e"irlcd 67 .ic��rrninililli� r�r (rr ° ��r. to ..�..� r.11 Ali i�,y. rrrr:rrl.<ili 68 69 ... 70 71 MICROWAVE DISH ANTENNA - A dish -like antenna used to link personal wireless service sites together 72 by wireless transmission of voice or data. 73 111111111INCO' 111,' 11 (WS111,11011) tJmfcr dr„1 Aua'a d llc fllOLVJllr„U Pl” g r 111 plro�ll<llarlrrr0. drrsr�. rwll�umllfllr< ll� 74 r'�... l..< �u rrrNrrrrrWdr �1' Err ,,� „.. k'WX l2 L` 2 !' w cr ''�� rfiM1 Ellam„ Is 75 �� „u. ��,;r.@ .;iulrr arlrl; rrwlrr l��r arr°a„,r 1wE�r°uw°�r,lr� �..�,erf ar ...� r�r �ar,ylr�arlr �"��uuw°r �rlrar r llsuwarlir°lir „ 76 lry (frr...r y to /arrrr:ricr it l Crrnrrirlillt 77 ... -2- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 686 Of 830 78 MODERATE INCOME HOUSEHOLD - Under the Housing Program 79 provisions of these regulations, it is a household with a gross, combined income between eighty 80 percent (80%) and one hundred twenty percent (120%) of the PIQVMQ�l P)CM.J1 MC(Jfll h0LN(,.j10d 81 G&R-aty, <Is defille'd by Ole, yc,<Ir 82 Anicric�i�i Conini�i�ii(,v pt"-islw� 83 De 84 85 RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale 86 and rental and subsequent resale and releasing of �dj'orddflc or workforce housing units created 87 under the Housing Program. V'or �dl'orddflC lIQLVJa�12 LfllflS dIC" k.'TITI 88 rc"s�ncm C c'm �1, vell-reM is Y�U'S, T'CCUT T �'QT� Sr LfllflS Mid Y�US 89 C'QTTVMd Lflj�S, WM'CCUTIJ�1(", V'M VVQTJi'orcC LfllflS term ofthe restrictive covenant 90 and agreement is fifteen (15) years, recurring, for sale units and fifteen (15) years for rental units, 91 non-recurring. 92 VI,'l,4,Y 1,0\�,' I NC(Mll l," 11 Otisl" 110111 - t,j�ldcr ..dic A� &a'�idflc � IOLVJaL,PrOLT 1111,pl�m �sw�ls 0�' 93 dICSC TV2Ld�IJOW�, �'S �1 �10LNC�10(f V�,Jdl �1 2WSS, C,011-rH'�Icd Mld 94 s'x c�i g �'� C P, OV �1 � 0�1 PIC � K+ M Cd'� M � 1l OU Sc,, li 0 d 1l �i c. oi-r is d (,.,, Cj i I )v � Ii (,.,, 5 -ve u t, J S 95 ('CMMs ('QITIT)ILMMv 96 97 WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that 98 is income qualified in which the rent or mortgage payments (including principal, interest, taxes, 99 insurance and homeowner association fees) does not exceed thirty percent (30%) of the gross income 100 of households that are classified as low or -moderate �o i-rJddh.,, income households. 101 Section 3. The Land Development Regulations of the City of Boynton Beach 102 Code of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby 103 amended as follows: 104 ARTICLE V. HOUSING INITIATIVES 105 106 Sec. 2. AitahiaNc, *--k�i-4(.-fefec—Housing 107 Program. A. Findings. 108 1. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing 109 gap between housing costs and wages in the city; iio 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and III maintain any ordinance that is adopted for the purpose of increasing the supply of workforce 112 housing using land use mechanisms not withstanding any other provision of law; 113 3. Public Interest. The City of Boynton Beach has a legitimate public interest in 114 preserving the character and quality of neighborhoods that require assuring the availability 115 of workforce housing for low and moderate income persons in the city; 116 4. Sense of Community. The city recognizes that the need to provide workforce 117 housing is critical to maintaining a diversified and sustainable city having the character and 118 sense of community where people can live and work in the same area; and - 3 - S:\CA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 687 of 830 119 5. Housing Availability. The city is encouraging the production and availability of 120 workforce housing and at the same time is cognizant that escalating land costs and rapidly 121 diminishing amounts of land hinder the provision of sufficient workforce dwelling units by 122 the private sector. 123 B. Applicability. The program is voluntary. Developers who choose to participate may be 124 awarded incentives outlined further in this article. The following regulations shall apply to 125 development applications for projects with 4W4 -&4E— kffld WSe 126 e4..:.E .. ,. 127 128 w4t-Mixed Use High,Mixed Use Medium, Mixed Use Low,.,,,..:.tel-Special High 129 Density., auuuui I:iuw..".�� !Gw°u]� I �41 future land use classifications.';;,,iO� are 130 eligible for the program citywide in areas where such classifications are allowed 11 a, u V r II G 131 u'Is u C 1'I m ficmuois uiul zoui�urnu uiml�cls � i.k, �2b. 132 Lairid I.J41 ��C114111114 ��. III4u II�IIIAY'..0 4 .. lea .. .. � ��44111�IIIuY ��u IIIC114 1yVl� Q(IiU. n Q Qu 'ISit Il�1'QSi(IQ 'Riau °�. IIS ,u, IIS 3 ari(I J „II N QSi(IQ �'I(uuul III; VJQ ari(I II"VJ S:p:pu uu II N @u � u�cu� Il�u�� u:�u�cu(u ul III',"VJQ ari(I II"VJ 1yV'b(Q(I. J S Q 1.CW Ujjariu] S11"yr'lU „p"yr'llb(Q(I..VJSQ 11yV'Q(IiU. ru VU -2 uucuu] 11"yr'U-3 1yVII J-4. ari(I 11yVII �J - CCS' u� 133r 134 135 b 1-if(.),gec4il)le4n44+i�..... ze tl�l.e.....l�c�a-� ifIg gr t� ��....: t Plft... �u t..le 136 �:u�1u � � � _ .:�..:t- - � .�°Vtl 137 -e iti..a..1...:. 138 C. Provisions. The developer may elect to obtain a density bonus and/or a height bonus 139 through the construction of the workforce units on-site or off-site, monetary contribution, 140 donation of land or purchase of units to be designated as workforce, subject to the limits and 141 requirements of this article. 142 L Construction ofworkforce units on-site: 143 1. To be eligible for the requested density bonus through the construction of 144 workforce units on-site, the developer must incorporate such units into the 145 development as follows: -4- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 688 of 830 146 a. Projects located within the Downtown Transit Oriented Development 147 District (DTODD) lav usGw, ° . Ilia u�l�' o o �� 148 a�,� � p �s�Gw°u II`mGw. a'�„', ensu onus o u to �� o,... u�u�ir� C,��p�ld ��.`�� °��1 � �u�...��uir� 1�i 149 m WGw°(l l J sG J hg�a11'l ?:. gko uai sGw...: &W+ ` . ii g.:wk.4e height bonus (.� 2..1..- - 150 of � �� ( ) additional store G sy (up to a maximum of 2412 feet) M11, u 151 f O ""shall designate a minimum of fifteen percent (15%) of the total proposed units as ... f ..... 152 workforce housing units. 153 b. y 1'eca tc - &ff D°Ilbb &9 i:y II N. ""* "L. N"LL'X'"""Y F�id'� .. W.l R,I. .. • r� ,• ,. 154 O'Vefl y W44IF94e ed......t4 155 .�be"dis' ( � 156 4= `--1=ke1- botiwi 41.......:(1 157 i.1.24ee0...-I- ec w.e. 150 54ur�"!4ei-kT� ef :j. - . , .yt. 159 (2"')....(.",we....: u1 131- s.e ^ tn'i .. ,i w'(.* 160 b .."-Projects located outside of DTODD with MixGw°(l Use Medium, Mixed Use Low.,, . - 161 Special High Density Residential.,m... .. �°�.mu� ° . land use 162 classifications are eligible for a density bonus for up to 20�'%. Such projects shall designate a 163 minimum of l..j l!G.,,c Aeffpercent (150%) of the total proposed units as workforce housing units. 164 Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional 165 story (up to a maximum of 12 feet). 166 ° ..p.: —'we 1T_ .4 :: ° - &en's' ty : 1;...... � e el" r + ...detet 167 .... ..X 168........ e ..................... 169 ::::. .... - ..' ...:.... ...... 170 A 171 172 2. reqm4-4.--- 173 ,° - .. .�:......1. e..... .....� - 5 - S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 689 of 830 . ^ .u�xxu r^r W a ��x„ ' 174 � ; '$-�', . _ 4� �_ � �,w.f�ucar-v� �el,c�-rr�caw., x�yar�-r,�a-s-&�y �.k��..p.: b," be -'—et- s�., 4 175 fr-Y d. f. a4ew.....iffeo e- hoKAK44s-- 176 2.3. Fractions. If the number of workforce housing units results in a fractional 177 remainder greater than one-half (0.50), the number shall be rounded up. If the required 178 number of workforce housing units results in a fractional number less than one-half (0.50), 179 the number shall be rounded down. 180 34. Number of Units. The workforce housing units provided shall have the same 181 percentage of unit types as market rate units within the development. The unit types include 182 the category of structure (single-family detached and attached, multifamily), for rent versus 183 for sale units, and the number of bedrooms. Relief from this provision may be granted if the 184 intended purpose is to address particular needs of the community, substantiated by the 185 provided data/analysis. 186 4.5... Staff Approval. At the time of &."N cjopt ji G.,, m;, p J g y 187 �a�1� �e�-��. ��, � . ,�e-- ro ect �„ must be reviewed and signed off b the 188 ,(aijiw.,klnilm...m(j....CommumtyImprovement]iii�4;.°� �� „� .°° „the ci.l.�-as 189 part of the s 4i* approval process for compliance 1�1(." `m 'IbjI .,, l nj�j �iauiwc w44,41 190 fk)fda. ° � IA 1= 4-W41-1,;, ..i..fl....aS- 1 4ee7 191 56. Site Plan. The site plan shall clearly identify the location of workforce housing 192 units. Additionally, tabular data must be included on the site plan showing the address or 193 unit number, total number of units, number of bedrooms of workforce housing units and 194 the targeted income levels. This shall be included with the market rate data. 195 0.7. Sale Restrictions. Workforce housing units shall:; be regulated in terms 196 of: a. Initial sales price or rent levels; and 197 b. Subsequent resale prices or leasing rates. 198 C. If sl�cl compliance with a land development standard would preclude 199 construction of a residential or mixed use development in which workforce 200 housing units are included, pursuant to this chapter, the applicant may submit 201 a proposal for i waiver or reduction of the development standard. The 202 applicant shall show that the waiver or reduction of the development standard 203 is iii ii i� ii ave ua ave necessary to make the workforce housing units economically � `u Gw° ... .. 204 feasible and that such a waiver will not compromise any of the ( city's life 205 safety standards. i(h(.,,�sGwjy �avi ��,IJ riill l av �IiGw". ah�av�uaii��i (n�ua��uav�u�Gw.. .. D(."Saigg .... 207 ".uu swui��:��uVrullui:v:..�� .°u i��u�ui�'.�. ��G,�1��°�Ilu�i� 4M,... 12 I 208 i �G,,cl k iwol 210 ��G v u G ' uua G �� G „w a uG � G�".�� 'm( ... °� ui�� by �:�„a�G uI:v Damp d s soo ..,. 211 74. Recording the Restrictive Covenant. Prior to the issuance of any building permit, 212 the restrictive covenant and agreement shall be recorded in the public records of Palm Beach 213 County. The term of the restrictive covenant shall be fifteen .(15) years, recurring f; n fm -6- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 690 of 830 214 m� Gw°i�� ua� i�� ii I s, A copy of the recorded covenant IIGw° � uaii��rm �u��Gw°Gw°i�� Gw°��m. i��i��Gw°�°uai��ui��s... ��:.. ... ...... 215 and agreement shall be provided to the city prior to the issuance of the building permit. 216 IIb�� 252 b..;. -7- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 691 of 830 Payment In Lieu of Construction of Workforce Housing Units (per unit) -s- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 692 of 830 For -sale unit $82,986 For rent units $36,760 293 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home 294 sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average 295 monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, 296 Inc. 297 298 3-- Donation of Land. The value of the land shall equal or exceed the total "in -lieu of 299 fee for all workforce units or shall be of sufficient size to develop the same number of units. 300 The value of the donated land must be verified by a MAI appraisal no more than three (3) 301 months old. The appraisal shall be obtained by developer at developer's cost to verify the 302 value of donated land. The land shall be deeded to the city prior to the issuance of a final 303 certificate of occupancy for the development. 304 Off -Site Construction. The workforce housing units may be built off-site, provided 305 they are constructed within the City limits. All off-site workforce housing units shall comply 306 with all sections of these Regulations. 307,: Purchase Market Rate Units. Purchase an equivalent number of existing market rate 308 units to be deeded to the city or sold to eligible households. Such units shall be deed 309 restricted to comply with the Workforce Housing Ordinance. The developer may retain the 310 title to off-site units subject to recordation of a city approved deed restriction. 311 D. The following requirements shall apply to built or purchased workforce or:..af fonla(rk 312 units: 313 L Rental Housing Units. 314 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the 315 public records specifying the income level served, rent levels, reporting requirement and 316 all restrictions applicable to the workforce housing units. All leases on workforce 317 housing units shall contain language incorporating the restrictive covenant applicable to 318 the workforce housing units and shall reference the recorded restrictive covenant. The 319 restrictive covenant shall remain in force for fifteen (15) years for -yo1.td`( cGw 320 an(1,Jn...(JVD) y�w" N 321 2. Rental Rates 322 a. gete to � nu l�"....low income households at �\ � � o ��,,.,.�u r II G a(u u m u i�u �� a i�lJnits tar cry � 323 1 .i. percent (3.40%)eightyto percent (80%) of the ll 1 Gw°uv� Mc,(Juan 324 Jfmiiscj'w�(J IlnConlc, as Iry 5...v,Gwar [J°; ( (.,,n, ,iis AauiGw°r�can ( onum,iin lv A.. p ( (,D�% of the H 325 shall not have rental rates that exceed �� G , � l:v percent (�� ) UD 326 determined fair market rent for the area. 327 b. odd" g u11_....�nits targeted to moderate io...puJ(J(Jk income households at p ( %) �p ( .�20%) of the I � ()v in I al� 328 eightyercent 80% to the one hundred ��iy� � �. ercent 1!� 329 ll;�',Gw°uu�°�,�� MGw°(Iuaui�� I I ouai�mGw°�,��oII(I ]li�u�°oau1�w° uu�m (IGw�.fiii�uGw°(I by I�,�Gw°...5YGw°uu� �..iJ �; ( (wnsuais ""aaTiVGw°ruc,uuirn 330 (.'oauum;iiinu iv A M4 -shall not exceed one hundred percent (100%) of the HUD 331 determined fair market rent for the area. -9- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 693 of 830 332 3. Tenant Income Qualification. Tenant income qualification records shall be 333 maintained on-site and a yearly report shall be forwarded to the Community Improvement 334 Division of the City of Boynton Beach for compliance determination. 335 IL For -Sale Housing Units. 336 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to 337 workforce housing units. All sales contracts shall state that the unit is part of a workforce 338 housing program and subject to the Land Development Regulations of the city. The 339 restrictive covenant shall remain in force for fifteen (15) years f��N�°Gw°��ua��iii��.'. 340 �: recurring. The form of deed f��w9r�bc�aa�i 1:�:?�u��v � ��D.� �G:� � ��..��u�fo��J,VrIIG ��a�uu�ui��r 341 a:it4s--shall be approved by the City Attorney. 342 2. Resale. The restrictive covenants shall state that during the affordability term, the 343 resale of a workforce housing unit shall be subject to the following resale requirements. 344 a. All M.. onJibll,�m(J workforce housing unit owners shall notify the city immediately 345 that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon 346 receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) 347 days to invoke its right of refusal to purchase the units. 348 b. All workforce housing units are to be resold only to �- mo erate (n n u fflGw 349 income qualified households at an attainable housing cost for each targeted income range. 350 c. AIIII dfonJ iVrII.G ��uu ��iii�a� uuii��i� � �p�....lo rG oii lv to a G ��.��v m:..11��v ui.coniGw�". � 351 u�� ti �.:ualaV�u�uGwr.¢ `I��"V11�,m.Gw,`I��"��u `�. aV� aUlf�...aU��aUVlfllaU.DI�Gw". "I��.VII mlllf�(�!. �`m ��° Gw".aU�°"��....�aVpti!.Gw".�Gw,u Illf��`�aTiVGw". 352 3. Required Occupancy. Purchasers of M`fonJib k,, m workforce housing units shall be 353 required to occupy the unit. 354 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of 355 a workforce housing unit that is in addition to, or more than, charges imposed upon 356 purchasers of market rate units, except for administrative fees charged by the city/CRA, or 357 their designee. 358 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated 359 on the basis of: 360 a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" 361 for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower 362 rate may be used in calculating workforce housing prices if the developer can guarantee 363 the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce 364 housing units required for the covered project; 365 b. A down payment of no more than ten percent (10%) (including any down 366 payment assistance provided by SHIP or other sources) of the purchase price; c. A 367 calculation of property taxes; and 368 d. A calculation of homeowner insurance, mortgage insurance, homeowner 369 association fees, property management fees and other closing costs. 37o 6. Compliance. Prior to request for final certificate of occupancy for the development, 371 the developer shall provide to the city's Community Improvement Department, or designee, -10- S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 694 of 830 372 documentation sufficient to demonstrate compliance with the workforce housing program. 373 Such documentation shall include but is not limited to information regarding the identity and 374 income qualification documentation for all occupants of the workforce housing units, proof 375 of recordation of restrictive covenant in approved form. 376 7. Resale Requirements. To maintain the availability of workforce housing units which 377 may be constructed or substantially rehabilitated pursuant to the requirements of this 378 program, the following resale conditions shall be imposed on the (n workforce 379 housing units and included in the deed and restrictive covenant recorded in the Public 380 Records of Palm Beach County: 381 a. Location of Units. All d`fo nJib k,, iml workforce housing units constructed or 382 substantially rehabilitated under this program shall be situated within the 383 development so as not to be in less desirable locations than market -rate units in the 384 development and shall, on average, be no less accessible to public amenities, such as 385 open space, as the market -rate units. 386 b. Integration. A..f..f..o.��:�..�i...".:��.�w�"....�a�p:�.... .. orkforce housing units within a development 387 shall be integrated with the rest of the development and shall be compatible in 388 exterior design and appearance, construction, and contain comparable HV/AC 389 systems as market rate units. 390 C. Construction Phasing. The construction schedule for ,1ffonJ,1b k,, iml 391 workforce housing units shall be consistent with or precede the construction of 392 market rate units. All workforce housing units must be deeded to the City, deed - 393 restricted, or receive a certificate of occupancy prior to issuance of more than eighty 394 percent (80%) of the certificate of occupancies in the subject development. 395 d. Lot Premiums. There shall be no lot premiums charged on .��u�,urllGw° �,� 396 workforce housing units. 397 e. Sales Price. All required workforce housing units shall be offered for sale or 398 rent at an attainable housing cost for each of the targeted income ranges. 399 f. City Approval. The city, its successors and assigns may enforce the 400 covenants. No amendments to the restrictive covenant shall be made unless by 401 written instrument approved by the city. 402 E. Monitoring and Compliance. 403 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall 404 specify that thehousing units be sold to buyers whose income does not i . �y.:..... o 405 exceed (ua�J��l:v.��-�;��i�y-percent(�r120/o) of the ll��u�!u��:oui ll�G,�� 1��a,u��i, l fou�Tlv....��Gw°u `Gw°q � � 40`//,,'0 W lbc, I 406 ��uai�mGw°��II� Ili�� u1�Gw, �i�� oi�lG� ,��uaii�� wlGw°� �i�� ' ..VW()�'.IaGw°�u�°"L. C ° �mii Ig ua iii m. The conditions will also specify the 407 lGw°��uaui�1 I 1�uai�mG°�'��II�� Il,a��°ou1lG, f�u� ��'.ou��Nf(u" Gw. �Ii�V1L� .... 408 requirements for reporting to the city's Community Improvement Division on buyer 409 eligibility, housing prices, as well as any applicable requirement to record the restrictive 410 covenant or to enforce resale restrictions. 411 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, 412 Section 6, Land Development Regulations, in the amount of one hundred ten percent _11_ S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 695 of 830 413 (110%) of the developers' obligation for workforce housing provision according to this 414 section. The city shall, at all times, have the authority to draw upon the surety to enforce the 415 provisions of this article should the applicant be in default of these requirements, 416 3. Enforcement. The city may enforce the requirements of the 1e 417 Housing Ordinance through any cause of action available at law or equity, including but not 418 limited to seeking specific performance, injunctive relief, rescission of any unauthorized 419 sale or lease, during the term of the restrictive covenant. 420 Annual Report. The Community Improvement Department shall submit an annual report to 421 the City Commissioners indicating t e status of the A I w u �m, b II Gw Housing 422 Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the 423 number of units created, leased and sold. 424 425 426 Section 4. Each and every other provision of the Land Development Regulations 427 not herein specifically amended, shall remain in full force and effect as originally adopted. 428 Section 5. All laws and ordinances applying to the City of Boynton Beach in 429 conflict with any provisions of this ordinance are hereby repealed. 430 Section 6. Should any section or provision of this Ordinance or any portion 431 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 432 affect the remainder of this Ordinance. 433 Section 7. Authority is hereby given to codify this Ordinance. 434 Section 8. This Ordinance shall become effective immediately. 435 FIRST READING this day of March, 2021. 436 SECOND, FINAL READING AND PASSAGE this day of , 2021. 437 438 CITY OF BOYNTON BEACH, FLORIDA 439 440 441 442 Mayor — Steven B. Grant 443 444 Vice Mayor — Ty Penserga 445 446 Commissioner — Justin Katz 447 -12- YES NO S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 696 of 830 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus -13- VOTE S:ACA\Ordinances\LDR Changes\Workforce Housing Prograin (2021)(CDRV 21-001) - Ordinance.docx Page 697 of 830 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 21-008 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: March 8, 2021 RE: Approve revisions to the Workforce Housing Program (CDRV 21-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City -initiated. BACKGROUND The present version of the Workforce Housing Program was approved on December 17, 2019. The 2019 amendments included two key changes to the program's applicability. The first change was the expansion of its geographic applicability from the Downtown Transit - Oriented Development District (DTODD) only to citywide, for projects with the future land use (FLU) classifications of Mixed Use High, Medium, Low, and Special High Density Residential. The second pertinent change was to extend eligibility for the 25% density bonus—also citywide—to developments implementing affordable housing programs with 100% affordable units in all FLU except Low Density Residential. Additionally, the 2019 amendments included the increase of the fee -in lieu amounts for both for -sale and for rent units. The higher fees were intended to encourage construction of units. To further incentivize construction, the amendment increased the percentage of set-aside workforce housing as a base for in -lieu fee if the payment option was selected. Staff presented several possible revisions to the existing Workforce Housing Program to the City Commission at the January 19, 2021 meeting. The revisions discussed included: revising the income requirements used from the Palm Beach County HUD Area Median Income to Boynton Beach Median Household Income, the separation of the workforce and affordable housing programs, reduction in the number of units required in order to participate in the program, and changes to the program bonus'. Staff received feedback to proceed with the above revisions and these revisions are included in this ordinance. EXPLANATION Page 698 of 830 W HP revisions (CDRV 21 -00 1) Memo PZ No. 21-008 The feedback on the current WH Program from the private sector indicated that further revisions are needed to achieve both the Program's goal to provide attainable units and make it work for developers. The main issue was a dramatic rise of land prices in recent years, resulting in very high development costs, especially for projects in the City's downtown and adjacent areas. Expensive multi-level structured parking, required in the highest density projects, made them financially unfeasible, notwithstanding a density bonus. The proposed amendments aim at making the program more usable and attractive to private sector, and therefore support redevelopment projects of strategic importance to the City. The amendments: • Separate income eligibility criteria and provisions relating to construction on-site for "workforce" and "affordable" categories, while creating a uniform payment option (fee -in - lieu) for both categories; and Set a 30 -year term of restrictive covenant for affordable units (versus a 15- year term for workforce housing). • Change the source of income data for the Program from the current Area Median Income (AMI) for the Palm Beach County provided by the Department of Housing and Urban Development to the Boynton Beach Median Household Income (MHI) provided by the US Census American Community Survey No change is proposed to the amount of the fee -in -lieu. CONCLUSION / RECOMMENDATION Staff recommends the subject code amendments to increase the development community's interest in participation in the Workforce Housing Program. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-008 WHP Update\CDRV 19-008 WH Program Update Staff Report.docx -2- Page 699 of 830 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE IL DEFINITIONS AFFORDABILITY CONTROLS - Restrictions placed on aff'oniaaW c aiml workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. AFF()l,4 )Al1lll,' 1111OtjS1N(_, tfJA1 Vl" .-.v �o be sokf air llC&�Cd W M1 i�Mfki�dLEd M C�111_)uid dllu i'S i'al -W ljcjl dig" n'.'jl� air° 11-rua TI, uE.r, l2 uvflh�E!S i��.:f�CTVS� MXCS, MSUT'MICC �uld a � es.� does a � � xuw��f �f i�l�l° I E r°u'ry°�°� ("3(L; ) a f =(ff0SS a�M.'01i 1(, 0H10LN(, f��; kf S �f.p,Is WTD 'V.11QVV W.11QVV i�M.'011111(,fl10LNCJIQkfs, AFFORDABILITY TERM - The time �u.. of o fi,abk „m workforce housing unit is required to remain affordable to income qualified buyers or renters. BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in -lieu of payments, donated land, or housing units for the purpose of providing �dI'onf�d llc �u id workforce housing units. DEED RESTRICTION - All for sale workforce housing units created under the A�Ji i�d llc Wi)-Fl4ora Housing Program shall be deed restricted for fifteen (15) years, recurring. All rental workforce units created under the program shall be deed restricted for fifteen (15) years, non-recurring. Aj f"air,. , dc �dI'onf�d llc.LfllflS.uwr� �u�� ..rw� �f� °..dic,, A� i��i�d ll . f llQLVJ� o ll"r000nllirl <jll ullll bc" dccd r°� ,��i�uw°�� . f'6Tr dll'lV "C�US,,rVuwUTTJa�u2, Alll...rVMd �dj'()Trd�INC 110LVJMr U '� r CT' pjr02T°11111 SrIu Illll bc" dc"c"d. C�r� dl'l � y (34)) y�� sur ��, � � � r � uw°tfr r i� � sr, The deed restriction shall be recorded and serve to restrict .6 ... the sales or rental price and/or the income of the purchaser or renter. ELIGIBLE OCCUPANT - Relative to the 6i 1� d ll�� Housing Program contained in these ��= ,�� --�---/� � � a „ Regulations, it is a person who meets income requirements of the program. Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit. INCOME QUALIFIED HOUSEHOLD - Under the w—Aldousing ll;Program l„ provisions of these Regulations, it is a household whose income is verified to be either low income or moderate income. LOW INCOME HOUSEHOLD - Under theHousing Program provisions of these regulations, it is a household with a gross, combined income between sixty percent (60%) and eighty percent (80%) of the kovai�o�i ,C(J'MI tal0rVJ1„0k11M;0iir(,. &,'r..dc,,lu�i(,.,,d by di. vcuu° tj M sa��vuwr�w... n..�� MEDIAN HOUSEHOLD IN ME (MHI) - Under the 1 -housing P -program provisions of these regulations, it is the City of Boynton Beach Median Household Income as dcjj �t..fw,(I by � .” .uw°g�.:.f J °� ( u;;,�isuais �„ nluw°6cairl ( o.: .. Page 700 of 830 MICROWAVE DISH ANTENNA - A dish -like antenna used to link personal wireless service sites together by wireless transmission of voice or data. Atl�'11011) .. dicf�� aa� a '� ..' ar'? �idI ,fira . T'°`�mLd uJarW:r.�, a�� a� S �1...a10LNCl10(f v"'dl �1 rQ.s frE��r�W�. OM,...:��vcj �y pwj� Mld...OU f,`)TlV �E.r°uw°� � �[�R��`;,rp 2'dic" u1'01y�IWa �l M(,."dJM1 �ll0U,SCJ10d...1lM.'01111(,s as dc'fji�icd by If'u(." 5 v(."au�fJS (."i1s'iis Aaii c,iui o�iiaiivai�ialv Suai��NGw°v. MODERATE INCOME HOUSEHOLD - Under the Wim, a ui� �u, rll Housing Program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the koly�i�o�i kCM. fi'�fll f llOa~ SCJ10ld a ., ... �/ ro U II 4 �. G � ��h�l&�d--s-:-i-rz- b • °i�r�, �%3$i�'s r�cierrn--n-rive, ��, RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of �dj'ordf d llc or workforce housing units created under the .. ..�r�. m~� ai � � � �,.�rsir� r f ;..J � �� r �.:(uA��i�r Ware Housing Program. VaruJar��uf� �ruw°arr��r� 4 <r � I � a~w �� a� � r � ra f �.�a�r�v u°��u� . r°°r�rra��s.m� f:g�r ul�.... � i�� a�r°�v �"3��...Y�ur r k)r° r°��su,l rflj� r.'�.�10�1.m:. airod, f a r°uw°� 1 a s„<ri� � „sr Lfllfl <r term of the restrictive covenant and agreement is fifteen (15) years, recurring, for sale units and fifteen (15) years for rental units, non-recurring. V11,11ty I'(MI,C:(l l➢I<...111111Mi➢I llllll0lVJ) l.lardcrd��ua�a� ufrllc fll,.araVJ�€...11"rarer prm':�<w�rr...0di sc" � s�ra ,ll�uma�a �r 1IQLw�,��l �lr a oross, afri�� f.. frE��r�W �. �l i�r°�� l �r�r� "3��`a "v a� r �r... ar �Wa�f ,. uw°ar�iuw°ar�ir°��. r % @ �u�r� <,a�x�v g' drc kova1�01 V")CM.11 MC(J''MI �llara„ ,Cl10d h1c,011ric &u ,,d fry dic,, 5-vca tjS (;CMrrwS sir°r ri�uw°�u�r (arIir°Hr°ILM '��v °u UTAC"v. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty percent (30%) of the gross income of households that are classified as 1 --tom moderate �o ii-ri'ddll� income households. 2 Page 701 of 830 ARTICLE V. HOUSING INITIATIVES Sec. 2. A„iwaU fmbkI Housing Program. A. Findings. 1. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods that require assuring the availability of workforce housing for low and moderate income persons in the city; 4. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 5. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply to development applications for projects with 44E-m+dt+ly i -- tufe l-cmd ai5e-eateE m Mixed Use High,Mixed Use Medium, Mixed Use Lowa Special High Density., cw is iy PGw°siiu1Gw°m ,i, future land use classifications, p oj,(.,, is are eligible for the program citywide in areas where such classifications are allowed. II�i..°'�°�i.. r..11Gw ll,,m (j a„i��,�Gw d'ls.,;mufuc'uflouls '1u1u zoul��u18 a k:qucls 3 l IJ 4 qui (l MIJ:.( m(., Page 702 of 830 C. Provisions. The developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. L Construction ofworkforce units on-site: 1. To be eligible for the requested density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects located within the Downtown Transit Oriented Development District (DTODD) uIigy us(.,,g"density bonus of up to 204- %. Ili pdI .,,cls IIocmc,(...MUi (."( js(." �.�P l u � Gw^ul J w(...I gGuyn lv 'Iko u u mG n.e...of....in-eE CW*1 ..u�u W4'w .the height bonus of (��1) additional storeGw s` ,� (up to a maximum o ,x.12 feet), �w° ° �� II II �u�� u � I S 'Vy I I a iuI I :�! DT ODD l:',...: shall designate a minimum of fifteen percent (15%) of the total proposed units as workforce housing units. .....I) -T4--)-1 4 �z 'kne n..va G9 44tde�= Bot. v � flily � 1+� "a , w a r R.2 "w a d44-sA4..ed..i.:t.t.n+—e A4..i.. 4 3 ig-:.l rpt _ ate- :a 41.C.4m�,, " - _." =i• !fg- k. '�-t" "�:° ,-«,. ti,-«,�;a�n' r��°^IfP �°".".:a)., .: F .: .�. ....�-'� .'�::.:°... 9,u,.�... '�' )... be -�... r.es.af 1 u: be. Projects Protects locatedoutside o DT DD with Mix;Use Medium, Mixed Use Low, E Special High Density Residential., m fii llI; Gw^ui� I! ll Gw°w�iui,iu leailland use classifications are eligible for a density bonus for up to 20-%. Such projects shall designate a minimum of percent (150%) of the total proposed units as workforce housing units. Properties of three (3) or more acres are also eligible for a height bonus of one (1) additional story (up to a maximum of 12 feet). M^lia:ln1l l lliity .�-�--�- 4 Page 703 of 830 ........L �:..:� rx'.9"eL'Il"hr'"7Il w 0 d f w .�. ....... F e ' 4e ti ea c.n-�T rnv �� i..i fe4--w-eikrofe'e hoa-�sifig lifli ..i.aside :k -.)f iceffie'h'oa- se'b ' 2�' Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. x,34. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure (single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 4'5'. Staff Approval. At the time of (kn (.j op,pP j] I application f(.)la l- +me+K,+wm . prod ect� must be reviewed and signed off by the � II � i�� i�� p i�� a �.. �Y�,� a� 441'e e4y--as part of the siert �ui��:...Commumty Improvement l��i��a,�.°°G ��.l�i-�isi., �� G p��u i��G G ��. approval process for compliance 1p1(wp m 'IbjI .,,cl onj� a�imcGw°.....:. 5 . Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 0.7. Sale Restrictions. Workforce housing units shall':; be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If sllci compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for i waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is ii q.:p..gp„ necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the ( eity's life safety standards. i(h G scIly i air RIai:?p�ua IM." C(Mlp1lu'mcG.... o � � oo `�" pG°�m��q.�.i�] ��i�� _m. �i�i(�;�� °;uai�m�,�ui��.r��..�iI! ll� Gw;q°�.uai ��u�i��m. �..IiGw", �I�"p".,u�°�ir�� m �� p�w6Gw°.. fmnul;: ��wiiic'cl �s Mol :(."Co�loal uciHv fc,,i` m�.rllGw° �ffll(a��i��G �: �"p.v (: uIv (,oaiiaii ksuo�i.... 74. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach y ( ) y g �,, Count The term o e restrictive covenant shall e fifteen "- 15 ears recurring ��a �a ��Vcw. u u �1 Ill�sm a ��G G �1 ( �...�)� G �:� m �� .� G � u u � �:a� �� u'.° f(n.. .... u u iii u l ....A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. 5 Page 704 of 830 H, Coa,"ll-n(lioil ol'affin-dable lull'[,,� (w To b(.,, for lhc, rclq�,uG.,,slcd dcnsulv bonuis dlroulgj] lj,�(.,, consiruicdon offfordaNc, uinls on SI(."., lhc' (knclom."r mu sl mcorwralc' such ulnls lnlo lhc' (knclomlic'm as foHo-ws: all jl4(JGLl`1m -wIIlhlln lhc, ( ommulnIIlv Arca mav usc, a dcns9lv bonuis I:L� hi mfifijol, p�.d�.,,Cls �ocalcd -w�d'jn Wm."d ljsc, mcdh,llm or mExcd I,JS(.', u � -IV a so usc, a I booms of I wo (2) a��J�fi I uomd slork."s (,u112 I:� Q �jia xhm,iim of 24 lhc, lolM LuDuls 'Is li " i " ordabk." houlsmg., 5, Nan, Fc' Sllc' Nan shA ck"'niv kkniffl"V lhc' Iocallon of-wod"J"orcc, houlsn uin�ls, Ad(fil�onML, labuhr dam musl b(.,, �nduidcd on lhc, S�lc, pl�g lj]��', 'Iddrg'ss or ulnul nuimbc,r., lol,,fl nuimbcr of uinuls., nuimbcr of bcdrooms of-wortd"(Icc, uuMls and lhc' la rg,G.Icd IIncomc' IIcls, Fhk shaH b(.,, a�nduidcd -wliih lhc, raic, dam, Rcslrlcl�ons, NA'odJ"orc(,' h()Llsm�u, shaH bc, In lc'rms of:: ,I, sak."s p��wc, or rcnl k."N (.1s, and b, ';ubscouicni rcsak.,, mCc's or k",Isanu ralc's, m Page 705 of 830 a �m i � .. �, a Gw° 'Quos G,, ��s �. Gw°� �i � u� Gw° mai .r Gw° � ... � . . I. Rcconl� arniL. RGw°sl�clkc, ("oa jl�m to �i s� ,hail c, o aiiv �G SI;,6CIkc,...CoN(."lI�1I ,I�1(I ��„� ,i� I b.w, (I cul I��G ��u!IVrllu �G ��IS...o ��ll„p�� I I0a maumv. �4�Gw° lGw°r�ll of �Gw.Sl�clIIRGw°.CoN 4��I.VII .rGw° 1..:1unv (,:30)�Gw°�u,��m. ��Gw°�°:uu�uui��a.�, fm f(n saIIG;.. UIIIf1AIl`m mQj 1;r�1AInV f.�� YG.,M m fm 4G If��aU� UIIIfiAIl:"m..,. A Copy �2f �:. .➢4Q�G Q� „CoRG Ifm,!m aUlfllQ�j: �� raui� cc, o' .ruJu (Jung �, ��VII ...,Gw° �� u� Gw°� � ��Gw° 61Y �� Gw, u�m�mua,., � � ��Gw° .: Aon,i.r G: mu �Iq.!. � p:.�a�p°�n��:m aiiay.'oknv:.� IL. In -Lieu and off-site options. Payment In Lieu of Construction of Workforce Housing Units (per unit) For -sale unit $82,986 For rent units $36,760 Note: Payment -in -lieu amounts shall be revised every two (2) years, based on (i) median single-family home sale price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and (ii) average monthly apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research, Inc. 3. Donation of Land. The value of the land shall equal or exceed the total "in -lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 7 Page 706 of 830 4. Off -Site Construction. The workforce housing units may be built off-site, provided they are constructed within the City limits. All off-site workforce housing units shall comply with all sections of these Regulations. 5. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall appy to built or purchased workforce m iffonJ, ,(rk, units: I. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15) years fm (Miisu 18 �g f uunv (::30)....Y�wg��s fm'Iff nauNGw �� uai�ui�ua.7. 2. Rental Rates. u144nits targeted to N'c,��y II ! L� low income households at I;� percent (:'60%) to eighty percent 80% of the ll:�.o v i�u � oa�i , ll � G �� .,:�� l�� G :..g i�u J f �::u a �G �� 1... ..p�l G � �,�. � Ili�uu-u�. ��Gw"�Illf14w ,fir.': flh-. �:::.� Gw° u�� lj'�; ( (.,,�i��uais Anic,��ii�°uua�u ( onuau� ,ii�i�lv A M4 shall not have rental rates y 440%.. that exceed ��G u a � � �� p � p ( ) of the HUD determined fair market rent for the percent �� area. b. o dJm cG u g nd(Ifflc, income households at eighty � �, � u u � u i�u ��., ai,�mts targeted to moderate erate � � percent (80%) to the one hundred font' �we+4,.ypercent (14-20%) of the �r�r r � ouor11r 1i1V711f1III�V V'11 °' (.,, A .--S.... a��Gw°��llr:� Ili�u�°��uurGw° ��,_� :�Gw°��ii�uGw:r:� b�� VGw ��u�n :�r� �J °�� , Gw.i�u��ua�r,_� Gw„,u.�u�°uui�u �� hall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. IL For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain y gyp) rwggremain m force or fifteen 15 ears �� u �� N :��°uw° ��„�uu �ui�u��; uuirr� �,,„�u�� V r II c G u u u iiu d : recurring. The form of deed f(w-w-ei-1 :fo fl -s4 s -shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All uu ff ::Jau�r..IIG; ui��(l workforce housing unit owners shall notify the city immediately that o r. the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. 0 Page 707 of 830 b. All workforce housing units are to be resold only to low -of moderate m income qualified households at an attainable housing cost for each targeted income range. c, �,I MfonJaubk,,' l °��ii�u�°�a�uGw° 1111,1 �Ic(1 .. ..... � rGw �Gw.��m�llu �i��ll �� .Gw��. �� JL IIS„y� �� II �.� �,�miisc],��llu s 11 u�fll ��uuu igI� k,, �,��uais�� u�.�. �;�� Gw° u�°�� :I �.�.Gw.IGw,(I �ii�Icollc' ��rnu.�.G 3. Required Occupancy. Purchasers of M`fo nJuub k,, m workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit that is in addition to, or more than, charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate” for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall e imposed on the MJ; o uJuub„k,,, m workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All M`fo nJuub k,, i (J workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. b Integration. A f �,`oniuuMc, uu (j workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule u e orffon uiW....(.,...um:(l:...workforce housing units shall be consistent with or precede the construction of market rate units. All workforce 0 Page 708 of 830 housing units must be deeded to the City, deed -restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent (80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall e no lotpremiums charged on ��. ��,:: u �� ur..�..��.....�:...workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the housing units be sold to buyers whose income does not exceed u4YG!�v (*ie� �, vE4ity percent (�120%) of the llW7u o� i ll c of Gu lac a ,ui I Imisc GwW: cMIJ:: ouucw°��uaiuuu�ucw�;u� cuiml fLuH ! m°uc(-',W (!40`%,) WIh-', bom W�i Mcdu,m ��u,�p,sc wW lluucop,nuc fm...��u �:�u�c ��uu�uuua;.... u u uu u u The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent (110%) of the developers' obligation for workforce housing provision according to this section. The city shall, at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the 1ue Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report City g l e a n b l cw^:- of Housing Ordinance, to the Cit Commissioners indicating the status o the including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) 10 Page 709 of 830 I Il ME 0 (Y) co 4- 0 0 ti a� c� a 0 0 0 0 0 0 0 0 Ir'l- Ln lqt m r14 T --i 2� »� � � � «� O q m 0 � ¢ 2 n � 00 T- o N CO Q CO D CO z LU U CO D 6 L `0 v J co co C 1 09- W Unff-A O Q Ln O N (D 6} T / `c1 i 1 N 6} r -"- Le -el, hm- Unff-A O Q O ti O O lq- Ln 00 O CNN lq- (D 6} 6} 0 -01 O CNV - 0 /0 W E O N (a L a) a O 0 -01 O 4-0O 0 -01O N N E O U _N > ......... 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Explanation of Request: The Marketing & Events Department has been participating in discussions organized by the FFEA (Florida Festivals and Events Association) on the status of 4th of July events within the state. While it is difficult to compare 4th of July events, even with neighboring cities, it has been helpful to engage with others and share information. We have surveyed our neighboring municipalities and the results are below. • City of Boca Raton - No event. • City of Deerfield - No decision from Administration. • City of Delray Beach - No decision from Administration. 1. Staff Choice #1: Fireworks from undisclosed location(s). 2. Staff Choice #2: Concert (social distanced; free family event). 3. Staff Choice #3: Concert • City of Greenacres - Tentative - Celebration with socially distanced pods. • Town of Jupiter - Town contributes to Abacoa's event (not sure if being held). • Town of Lake Park - No Response • City of Lake Worth - Fireworks • City of Lantana - No decision from Administration. • City of Riviera Beach - No decision from Administration. • City of Wellington - Fireworks (no face painting, no bingo inside, etc.) • City of West Palm Beach - Fireworks; Food Trucks + Entertainment not decided. The CDC has updated their recommendation for large events, encouraging event organizers to focus on ways to limit contact with others, allowing individuals to remain at least 6 feet apart. With this is mind, the Marketing and Events Department has compiled three options for Commission discussion. Intracoastal Park Attendance in 2019 was estimated at 6,000 by the Boynton Beach Police Department. To ensure social distancing, staff recommends a limit of 3,500 attendees. This would require a ticketing system and installation of fencing and gates. Free public transportation would be provided and required. Ride share and taxi services would be highly suggested. Staff would not recommend children's activities or play areas and would advise starting the event later in the day. Music and some food vendors could be added. Boynton Beach Mall Fireworks display would be ground level on west parking lot. Shells no larger than 4" would have to be utilized for safety purposes. For optimal viewing, vehicles would be located on the north and south sides of fireworks. Maximum number of vehicles estimated at approximately 1,000. Zambelli has also indicated an area east of Macy's and JC Penney's that could be considered for additional vehicles, however parking spaces would need to be reconfigured to face west. If City grants permission for attendees to sit outside their vehicles to Page 718 of 830 watch the fireworks, the number of vehicles would be reduced by 50% and additional security would be required. The area is not well lit and lights would have to be off during the show. This option has not been discussed with the Mall. Oceanfront Park The property provides two linear areas for viewing the fireworks (boardwalk and beach). An ocean barge must be utilized (additional $9,000) and loaded in the day before the event. Show would have to be cancelled if ocean is over 5ft. Some entertainment and food trucks could be added. This venue would require a late opening of the beach on the 4th of July. No public parking (with the exception of ADA parking at the north end) would be permitted at the beach. Free public transportation would be offered and required. To avoid traffic congestion, busses would be routed to Woolbright Rd. and north on Al A to the beach and exit on E. Ocean Ave. Ride share and taxi services would be highly suggested. The Marketing and Events Team's recommendation is Oceanfront Park. However, an Ocean Ridge Special Event Permit must be obtained. How will this affect city programs or services? This event would lay a foundation for future events at the park, such as Concerts on the Beach that occured in the 1970's. Fiscal Impact: Budgeted Alternatives: Consider alternatives and locations. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Oceanfront Park is one of the City's top amenities. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 719 of 830 01W City Manager's Report 4/20/2021 Requested Action by Commission: Discuss options for a Voluntary Sustainability Payment Program for City residents and Utilities customers. Explanation of Request: On September 1 2020, the Boynton Beach City Commission passed Resolution R20-091 adopting a goal of increasing citywide tree canopy coverage. Among the recommendations for implementation, Commission directed staff to consider a voluntary donation on Boynton Beach Utilities bills as a revenue source for the tree program and other sustainable initiatives. Staff has researched the feasibility of establishing such a fund and presents two options for consideration: • Have the City's vendor "Bill2Pay" add a donation function to the Profile site for one-time payments with the Utilities bill • Set up a donation function on the City's website How will this affect city programs or services? Less than half of Utilities customers use the Profile site for one-time payments (appro)amately 16,000 out of 37,000 customers) and it is uncertain how many will see the donation link on the City's website. The City will need to market both donation options to increase visibility. Utilities Customer Service staff may need to address questions or concerns about the donation charge on one-time bill payments. Fiscal Impact: Non -budgeted Bill2Pay will not charge the City for adding a donation function to the Profile site for one-time payments. However, there will be an initial set-up charge of $3,00045,000 for the stand-alone donation function on the website. When users pay by credit card, there will be a merchant fee (2.75%), which could either be absorbed by the City or reduced from the donation amount. Alternatives: Not discuss this item. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable community Climate Action Application: 2020 Climate Action Plan Strategy C-3.2: Sustainable Lifestyle & Consumption Is this a grant? Page 720 of 830 Grant Amount: Attachments: Type Staff IRE)port Description SLJIStaiinability FlayirTIEN[lt IProgra irn pir'E)SE)intaboin Page 721 of 830 N"MO/OOOrr/ rrr r / ........... i Ji . 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Unfinished Business 4/20/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 4/20/2021 Requested Action by Commission: J KM Developers, LLC has provided the attached monthly update for the City Commission. 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 JKM i oirntlNy Upda tE) i airch 2021 Page 729 of 830 Ms. Lori LaVerriere, City Mgr. City of Boynton Beach, FL City Hall: 100 E. Ocean Ave. Boynton Beach, FL 33435 2300 Glades Road Suite 202 East Boca Raton, FL 33431 Office: 561-886-6684 Via Email Boynton Town Square City Commission Update -Private Sector March 30, 2021 North Parcels 2 & 3, Mixed-use Building and North Parking Garai • Negotiations between the City, potential Workforce Housing Developers and separately with JKM have taken place. Settlement discussions involving the parties and the City are scheduled.. South Parcel 7, Parking Garage and Apartments: • Final review of Building Permit is in process. Project Architects & Engineers have submitted reviewer comment responses. • Efforts to secure construction debt for the South Parking Garage and South Apartments continue. Construction debt availability and financial markets are tied directly to COVID 19. Prospective Lenders have inquired about the nature of the City filed litigation. • The effects of the COVID 19 Pandemic on construction debt lending are unknown and indeterminate in nature. • Pending litigation has negatively affected the prospects of obtaining any project construction financing. To be clear, Banks and Lenders do not close on project financing where the jurisdiction of the project (City of Boynton Beach) has litigation pending against the Borrower, or potential Borrower. Central Parcel 3, Mixed-use Building: • The Central, Parcel 3 Mixed-use Building has been re -designed for 175 Apartments with 8,400 square feet of restaurant space. • An administrative amendment to the Master & Site Plans will be submitted pending resolution of litigation. • Negotiations with potential Workforce Housing developers have halted due to pending litigation. Respectfully submitted, John Markey Page 730 of 830 11.A. New Business 4/20/2021 Requested Action by Commission: Mayor Grant and Commissioner Hay requested a discussion regarding adding names to the monument at Heritage Park. Explanation of Request: Staff has researched the history of how names were selected and placed on the monument at Heritage Park and there is no record of a policy or documented precedent for how individuals were selected for name placement on the monument. Staff recommendation is that members of the City Commission that wish to have names added to the monument make nominations for consensus of the City Commission. 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 731 of 830 12.A. Legal 4/20/2021 Requested Action by Commission: Proposed Ordinance No. 21-011 - Second Reading - Approve Ordinance Amending Chapter 23 entitled "TAXATION, ASSESSMENTS AND FEES" to create a new Article VI, entitled "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT" Explanation of Request: Canals in the City provide needed drainage for properties and access to public waterways that benefit the general public. If canals are not properly maintained, they can be overcome with vegetation that impedes use and access of those canals by adjacent property owners and the public, and could adversely affect the ability of the canals to provide drainage for real properties in the areas of the affected canals. Certain properties adjacent to the canals receive benefits greater than those of the general public through direct access from the real properties that provide routes to public waterways, and direct drainage of those properties into the canals and then the public waterways that provide drainage to real properties. The City has the expertise and ability to provide Canal Maintenance Services for canals within the City in order to ensure that adjacent properties are able to access and use the canals, and drainage from those properties as well as other properties in the area are not adversely affected by canals that are not properly maintained and may be overcome with vegetation. A special assessment ordinance would authorize the City to levy a special assessment to pay for required canal maintenance. The ordinance would not levy the special assessment. Rather, it would authorize it and sets forth the process for levying and collecting it. No special assessment will be levied until the City Commission takes further action to adopt resolutions during a budget adoption process, similar to the fire assessment. How will this affect city programs or services? A special assessment would provide a funding option to charge properties that receive a special benefit from canal maintenance services for the City's costs for such services. Fiscal Impact: This ordinance has no fiscal impact. It does not levy a special assessment; rather, it provides the authority and process for doing so should the City Commission determine to levy a canal maintenance special assessment. Alternatives: Undetermined. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 732 of 830 Is this a grant? Grant Amount: Attachments: Type D OrdiinainCE) Description Ordiinal['IC2, airTIE)indiing ChE) CodE) to add Ca inal� Maill'ItENnainCE) S�PEs'Clia SSE)SSirTlE)l['lt Page 733 of 830 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 44 45 46 47 48 ORDINANCE 21 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23 ENTITLED "TAXATION, ASSESSMENTS AND FEES" TO CREATE A NEW ARTICLE VI, ENTITLED "CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT", TO PROVIDE FOR THE LEVY AND COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT RELATED TO CANAL MAINTENANCE SERVICES WITHIN THE CITY OF BOYNTON BEACH; PROVIDING DEFINITIONS AND FINDINGS; AUTHORIZING THE IMPOSITION AND COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF THE CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL AND FOR CORRECTING ERRORS AND OMISSIONS; PROVIDING THAT CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL; ESTABLISHING PROCEDURES AND METHODS FOR THE COLLECTION OF A CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT; ESTABLISHING THE PRIORITY OF THE LIEN OVER PRIOR RECORDED LIENS OR MORTGAGES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, canals in the City provide needed drainage for properties and access to public waterways that benefit the general public; and, WHEREAS, certain properties adjacent to the canals receive benefits greater than those of the general public through direct access from the real properties that provide routes to public waterways, and direct drainage of those properties into the canals and then the public waterways that provide drainage to real properties; and, WHEREAS, if canals are not properly maintained, they can be overcome with vegetation that impedes use and access of those canals by adjacent property owners and the public, and could adversely affect the ability of the canals to provide drainage for real properties in the areas of the affected canals; and, WHEREAS, control of canal aquatic overgrowth aids in controlling downstream obstruction of drainage and diminishing health and safety issues associated with the overgrowth of weeds such as but not limited to the improving water flow to reduce mosquito and vermin infestation; and, WHEREAS, the City has the expertise and ability to provide Canal Maintenance Services for canals within the City in order to ensure that adjacent properties are able to access and use the canals, and drainage from those properties as well as other properties 100436073.4 306-99055521 Page 1 of 18 Page 734 of 830 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 in the area are not adversely affected by canals that are not properly maintained and may be overcome with vegetation; and, WHEREAS, the City Commission believes that that it is fair and reasonable that properties that receive benefits of a type or degree different from the benefits to the general public pay the City's costs of providing those Canal Maintenance Services through a valid special assessment; and, WHEREAS, the City Commission finds it in the best interest and the health and safety of the City to adopt this ordinance to authorize Canal Maintenance Special Assessments, and provide for the process of levying and collecting them from Assessed Properties. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and made a specific part of this Ordinance by this reference. Section 2. Chapter 23, entitled "Taxation, Assessments and Fees," is amended to create a new Article VI, entitled "Canal Maintenance Special Assessment," Sections 23- 60 through 23-80, of the City's Code of Ordinances, as follows: SECTION 23-60. DEFINITIONS. When used in this Article. the foil terms shall have the following meanings, unless the context clearly requires otherwise: "Annual Assessment Resolution" means the Resolution described in Section 23- 71 hereof, aproving a Canal Maintenance Services Special Assessment Roll for a specific Ficrnl Vear "Assessed Property" means all parcels of real property included on the Canal Maintenance Services Special Assessment Roll that receive a special benefit from the Canal Maintenance Services identified in an Annual Assessment Resolution. "Canal Maintenance Services" means services provided by the Citv in the Canal Maintenance Services Area, such as de -weeding and similar actions, but not dredging, to prevent the canals from becoming clogged with vegetation, allow for vessel movement, 100436073.4 306-99055521 Page 2 of 18 Page 735 of 830 82 eliminate obstruction to the free-flow of storm water runoff_ and reduce health and saf 83 risks associated with the Proliferation of unwanted invasive aquatic vegetation. 84 "Canal Maintenance Services Area" means the area of the City defined in the 85 Initial Assessment Resolution and the Preliminary Assessment Resolution that receive 86 Canal Maintenance Services 87 88 89 90 91 92 93 "Canal Maintenance Services Special Assessment" means a special assessment imposed by the City upon Assessed Properties within the City to fund the City's provision of Canal Maintenance Services that benefit such properties. "Canal Maintenance Services Sbecial Assessment Roll" means the roll created that includes all parcels within the City and their assigned Canal Maintenance Services Special Assessment relating to Canal Maintenance Services approved by a Final Assessment Resolution or an Annual Assessment Resolution pursuant to Sections 23-69 and 23-71 94 hereof. 95 "Canal Maintenance Services Cost" means the estimated amount for any Fiscal 96 Year of all expenditures and reasonable reserves that are properly attributable to the Canal 97 Maintenance Services Assessed Properties within the City under _ generally accepted 98 accounting_ principles, including, without limiting_the generality of the foregoing, 99 reimbursement to the City for any moneys advanced for the Canal Maintenance Services, 100 and costs associated with levying the he special assessment, including, but not limited to, 101 legal and administrative fees, and charges for services provided by the Palm Beach County 102 Property Appraiser and Palm Beach County. 103 "City" means City of Boynton Beach, Florida. 104 "City Manager"' means the City Manager of the City, or such person's designee. 105 "City Commission" means the City Commission for the City. 100436073.4 306-99055521 Page 3 of 18 Page 736 of 830 106 "Clerk" means the Citv Clerk_ or such other 107 act on such Person's behalf. as may be dulv authorized to 108 "Final Assessment Resolution" means the Resolution described in Section 23-69 109 hereof, which shall confirm, modify, or repeal the Initial Assessment Resolution and 110 which shall be the final proceeding for the imposition of the initial Canal Maintenance 111 Services Special Assessment. 112 "Fiscal Year" means the period commencing on October 1 of each year and 113 continuing_through the next succeeding September 30, or such other period as maythrough the next succeeding September 30, or such other period as may be 114 prescribed by law as the fiscal year for the City. 115 "Initial Assessment Resolution" means the Resolution described in Section 23-65 116 hereof, which shall be the initial proceeding for the imposition of the Canal Maintenance 117 Services Special Assessment. 118 "Ordinance" means this Canal Maintenance Services Special Assessment 119 Ordinance as amended from time to time, codified as Chapter 23, Article VI of the City's 120 Code of Ordinances. 121 "Preliminary Assessment Resolution" means the Resolution described in Section 122 23-70 hereof, which sets forth the preliminary assessment rates for the upcoming fiscal iscal 123 year, establishes the public hearing, and other related matters. 124 "Property Appraiser" means the Palm Beach County Property Appraiser. 125 "Tax Collector" means the Tax Collector of Palm Beach County. 126 "Tax Roll" means the real property ad valorem tax assessment roll maintained 127 the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. 128 "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, 129 Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem 100436073.4 306-99055521 Page 4 of 18 Page 737 of 830 130 assessments on the same bill as ad valorem taxes_ and anv abblicable regulations 131 promulgated thereunder. 132 SECTION 23-61. INTERPRETATION. Unless the context indicates 133 otherwise, words importing the singular number include the Plural number and vice versa, 134 the terms "hereof" "hereby" "herein." "hereto." "hereunder" and similar terms refer to 135 this Ordinance, and the term "hereafter" means after, and the term "heretofore" means 136 before, the effective date of this Ordinance. Words of any gender include the correlative 137 words of the other genders, unless the context indicates otherwise. 138 SECTION 23-62. GENERAL FINDINGS. It is herebv as 139 determined, and declared that: 140 (A) Pursuant to Article VIII, Section 2(b), Florida Constitution, and Sections 141 166.021 and 166.041, Florida Statutes, the City has all powers of local self-government to 142 perform municipal functions and render municipal services except when prohibited by 143 law, and such power may be exercised by the enactment of legislation in the form of City 144 ordinances. 145 (B) The City Commission may exercise any governmental, corporate, or 146 proprietary_ power for a municipal purpose except when expressly prohibited by law, and 147 the City Commission may legislate on any subject matter on which the Florida Legislature 148 may act, except those subjects described in (a), (b), (c), and (d) of Section 166.021(3), 149 Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of Section 150 166.021(3)_ Florida Statutes. are not relevant to the imbosition of Canal Maintenance 151 Services Special Assessments by the City. 152 (C) The purpose of this Ordinance is to (1) provide procedures and standards 153 for the imposition of Canal Maintenance Services Special Assessments under the 100436073.4 306-99055521 Page 5 of 18 Page 738 of 830 154 constitutional and statutory power of the City; (2) authorize a Procedure for the funding 155 of Canal Maintenance Services Provided to Assessed Properties within the City, and (3) 156 legislatively determine the special benefit provided to Assessed Properties from the Canal 157 Maintenance Services. 158 SECTION 23-63. LEGISLATIVE DECLARATIONS OF SPECIAL 159 BENEFIT. It is hereby ascertained and declared that the Canal Maintenance Services 160 provide a special benefit to the Assessed Property based upon the following legislative 161 determinations: 162 (A) The recipients of the City's canal maintenance program will enjoy 163 protection and enhancement of public health and safety by the provision of reliable and 164 effective canal maintenance services, and enrichment of property value and minimization 165 of potential liability attendant with the use of the Assessed Property_ 166 (B) The special benefits received by Assessed Property include: 167 1. the removal and disposal of weeds and other growths in the canals 168 adjacent to the Assessed Properties which, if allowed to proliferate creates downstream 169 obstruction of drainage and health and safety issues associated with the overgrowth of 170 weeds _ such as. but not limited to the increase of mosauitos and vermin: 171 2. the prevention of canals from becoming_clogged with vegetation, 172 allowing for vessel movement, 173 3. eliminating obstructions to the free-flow of storm water runoff, and 174 reduciniz health and safetv risks associated with the proliferation of unwanted invasive 175 aquatic vegetation, 176 4. potential reduction in vermin and dangerous wildlife that may 177 otherwise be present in unmaintained canals, 100436073.4 306-99055521 Page 6 of 18 Page 739 of 830 178 all of which, while incidentally benefitting g the Public, Provides benefits different in type 179 and degree from benefits Provided to the community as a whole and ensures that use of 180 the Assessed Properties are not adversely affected by unmaintained canals 181 SECTION 23-64. CANAL MAINTENANCE SERVICES ASSESSMENTS. 182 (A) The City Commission is hereby authorized to impose Canal Maintenance 183 Services Special Assessments against Assessed Property located within the City. The 184 Canal Maintenance Services Cost may be assessed against Assessed Properties within the 185 Canal Maintenance Services Area(s) at a rate of assessment based upon the special benefit 186 accruing to such property from the Canal Maintenance Services provided by the City. 187 SECTION 23-65. INITIAL ASSESSMENT RESOLUTION. The initial 188 proceeding for imposition of the Canal Maintenance Services Special Assessments shall 189 be the City Commission's adoption of an Initial Assessment Resolution. The Initial 190 Assessment Resolution shall (A) describe the Canal Maintenance Services brobosed for 191 funding from the proceeds of the Canal Maintenance Services Special Assessments, (B) 192 estimate the Canal Maintenance Services Cost, (C) describe the proposed method of 193 apportioning the Canal Maintenance Services Cost among the Assessed Properties, as 194 applicable, such that the owner of any parcel of property can objectively determine the 195 amount of the Canal Maintenance Services Special Assessments upon the Assessed 196 Property; and (D) include specific legislative findings that recognize the eduily provided 197 by the apportionment methodology and specific legislative findings that recognize the 198 sbecial benefit brovided by the Canal Maintenance Services. 199 SECTION 23-66. CANAL MAINTENANCE SERVICES SPECIAL 200 ASSESSMENT ROLL 100436073.4 306-99055521 Page 7 of 18 Page 740 of 830 201 (A) The City Manager shall Prepare, or direct the Preparation of, a prelimingy 202 Canal Maintenance Services Special Assessment Roll that contains the following 203 information: 204 (1) a summary description of each parcel of property (conforming to the 205 describtion contained on the Tax Roll) subiect to the Canal Maintenance Services Sbecial 206 Assessment, 207 208 209 and (2) the name of the owner of record of each parcel as shown on the Tax Roll, the estimated Canal Maintenance Services Sbecial Assessment to become 210 due in the Fiscal Year. 211 (B) Copies of the Initial Assessment Resolution and the preliminary Canal 212 Maintenance Services Special Assessment Roll shall be on file in the office of the City 213 Clerk and open to public inspection. The foregoing shall not be construed to require that 214 the Canal Maintenance Services Special Assessment Roll be in printed form if the amount 215 of the Canal Maintenance Services Special Assessment for each parcel of property can be 216 determined by use of a computer terminal available for use by the public. 217 SECTION 23-67. NOTICE BY PUBLICATION. The Citv Manager shall 218 cause to be published once in a newspaper of general circulation within the City a notice 219 stating that a public hearing of the City Commission will be held on a certain day and 220 hour, not earlier than twenty (20) calendar days from such publication, at which hearing 221 the Citv Commission will receive written comments and hear testimonv from all interested 222 persons regarding _ adoption of the Final Assessment Resolution in the initial year and 223 Annual Assessment Resolution in subsequent years, and approval of the Canal 224 Maintenance Services Special Assessment Roll. Notwithstanding that the City may use a 100436073.4 306-99055521 Page 8 of 18 Page 741 of 830 225 different collection Procedure in any fiscal year, the Published notice shall conform to the 226 requirements set forth in the Uniform Assessment Collection Act for Purposes of the Canal 227 Maintenance Services Special Assessment. 228 SECTION 23-68 NOTICE BY MAIL. In addition to the published notice 229 required by Section 23-67, the City Manager shall cause to be provided notice of the 230 proposed Canal Maintenance Services Special Assessments to the owner of each parcel of 231 property subject to the Canal Maintenance Services Special Assessments. The form of 232 such notice shall conform to the requirements set forth in the Uniform Assessment 233 Collection Act, notwithstanding that the City may use a different collection procedure in 234 any fiscal year. The notice shall be mailed by first class mail at least twenty (20) calendar 235 days prior to the hearing to each property owner, at such address as is shown on the Tax 236 Roll at the time the notices are prepared for mailing. Notice shall be deemed mailed upon 237 delivery thereof to the bossession of the U.S. Postal Service. Should the Citv utilize the 238 Uniform Assessment Collection Act, it may provide notice by use of the Annual Truth in 239 Millage Notice when such is permitted by the Act. Failure of the owner to receive such 240 notice due to mistake or inadvertence shall not affect the validity of the Canal Maintenance 241 Services Special Assessment Roll nor release or dischargeany anyany obligation for the payment 242 of a Canal Maintenance Services Special Assessment imposed by the City Commission 243 pursuant to this Ordinance. 244 SECTION 23-69. FINAL ASSESSMENT RESOLUTION. In the initial year 245 of the Canal Maintenance Services Special Assessment, at the time named in such notice, 246 or such time to which an adjournment or continuance may be taken, the City Commission 247 shall receive written objections and hear testimony of interested persons and may then, or 248 at any subsequent meeting of the City Commission, adopt the Final Assessment 100436073.4 306-99055521 Page 9 of 18 Page 742 of 830 249 Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution 250 with such amendments, if any, as may be deemed appropriate by the City Commission, 251 (B) approve the Canal Maintenance Services Special Assessment Roll, with such 252 amendments as it deems just and right, and (C) determine the method of collection. All 253 objections to adoption of the Final Assessment Resolution shall be made in writing_ and 254 filed with the Clerk at or before the time or adjourned time of such hearing. 255 SECTION 23-70. PRELIMINARY RATE RESOLUTION. Prior to the adoption 256 of the Annual Assessment Resolution pursuant to Section 23-71 herein, the City 257 Commission shall adopt a Preliminary Assessment Resolution, which shall include 258 without limitation: 259 (A) A brief description of the Canal Maintenance Services to be provided by 260 the Ci 261 (B) The amount of the cost of providiniz Canal Maintenance Services to be 262 assessed upon specially benefited properties within the City; 263 (C) Setting forth the date, time and location for the City Commission to 264 consider public comments on the adoption of the Annual Assessment Rate Resolution, 265 (D) Directing the City Manager to update the Assessment Roll, and, 266 (E) Directing the requisite notice be provided to affected property owners for 267 a public hearing _ to o adopt the Annual Assessment Resolution. 268 SECTION 23-71. ANNUAL ASSESSMENT RESOLUTION. During its 269 budget adoption process, the City Commission shall adopt an Annual Assessment 270 Resolution for each Fiscal Year following adoption of the Final Assessment Resolution. 271 The Final Assessment Resolution shall constitute the Annual Assessment Resolution for 272 the initial Fiscal Year. The Annual Assessment Resolution shall approve the Canal 100436073.4 306-99055521 Page 10 of 18 Page 743 of 830 273 Maintenance Services Special Assessment Roll for such Fiscal Year. The Canal 274 Maintenance Services Special Assessment Roll shall be Prepared in accordance with the 275 Preliminary Rate Resolution, as confirmed or amended by the Annual Assessment 276 Resolution. The City shall provide notice to the owner of such property in accordance with 277 Sections 23-67 and 23-68 hereof and conduct a public hearing prior to adoption of the 278 Annual Assessment Resolution, provided that should the City use the Uniform 279 Assessment Collection Act, a public hearing is necessary only when such is required under 280 the Act. Failure to adopt an Annual Assessment Resolution during the budget adoption 281 brocess for a Fiscal Year may be cured at anv time. 282 SECTION 23-72. EFFECT OF FINAL OR ANNUAL ASSESSMENT 283 RESOLUTIONS. The adoption of the Final Assessment Resolution or Annual Assessment 284 Resolution shall be the final adjudication of the issues presented (including, but not limited 285 to, the apportionment methodology, the rate of assessment, the adoption of the Canal 286 Maintenance Services Special Assessment Roll and the levy and lien of the Canal 287 Maintenance Services Special Assessments), unless proper steps are initiated in a court of 288 competent jurisdiction to secure relief within twenty (20) days from the date of City 289 Commission adobtion of the Final Assessment Resolution or Annual Assessment 290 Resolution. The Canal Maintenance Services Special Assessments for each Fiscal Year 291 shall be established upon adoption of the Final Assessment Resolution or Annual 292 Assessment Resolution. The Canal Maintenance Services Special Assessment Roll, as 293 abbroved by the Final Assessment Resolution or Annual Assessment Resolution shall be 294 delivered to the Tax Collector or such other official as the City Commission, by 295 Resolution, deems appropriate. 100436073.4 306-99055521 Page 11 of 18 Page 744 of 830 296 SECTION 23-73. LIEN OF CANAL MAINTENANCE SERVICES 297 SPECIAL ASSESSMENTS. 298 (A) Upon adoption of the Final Assessment Resolution or Annual Assessment 299 Resolution for each Fiscal Year, the Canal Maintenance Services Special Assessment to 300 be collected under the Uniform Assessment Collection Act shall constitute a lien 301 Assessed Property equal in rank and dignity with the liens of all state, county, district, or 302 municipal taxes and other non -ad valorem assessments. Except as otherwise provided by 303 law, such lien shall be superior in dignity to all other prior liens, titles and claims, until 304 paid. The lien shall be deemed perfected upon adoption by the City Commission of the 305 Final Assessment Resolution or Annual Assessment Resolution and shall attach to the 306 property included on the Canal Maintenance Services Special Assessment Roll as of the 307 prior January 1, the lien date for ad valorem taxes. 308 (B) For Canal Maintenance Services Special Assessments to be collected under 309 the alternative method of collection provided in Section 23-75, the adoption of the Final 310 Assessment Resolution or Annual Assessment Resolution shall constitute a lien a_ag inst 311 Assessed Property equal in rank and dignity with the liens of all state, county, district or 312 municipal taxes and other non -ad valorem assessments. Except as otherwise provided by 313 law, such lien shall be superior in dignity to all other prior liens, titles and claims, until 314 paid. The lien shall be deemed perfected on the date notice thereof is recorded in the 315 Official Records of Palm Beach County, Florida. 100436073.4 306-99055521 Page 12 of 18 Page 745 of 830 316 SECTION 23-74. METHOD OF COLLECTION OF CANAL 317 MAINTENANCE SERVICES SPECIAL ASSESSMENTS. Unless directed otherwise by 318 the City Commission, the Canal Maintenance Services Special Assessment shall be 319 collected pursuant to the Uniform Assessment Collection Act, and the City shall comply 320 with all applicable provisions thereof. Any hearing or notice required by this Ordinance 321 may be combined with any other hearing or notice required by the Uniform Assessment 322 Collection Act. 323 SECTION 23-75. ALTERNATIVE METHOD OF COLLECTION OF THE 324 CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT. In lieu of using the 325 Uniform Assessment Collection Act, the City may elect to collect the Canal Maintenance 326 Services Special Assessment by any other method which is authorized by law or under an 327 alternative collection method provided by this Section. For Canal Maintenance Services 328 Special Assessments collected by the City by alternative method pursuant to this Section: 329 (A) The City shall have the right to record a lien for unpaid assessments 330 collected pursuant to this Section in the public records of Palm Beach County, Florida. 331 (B) The City shall have the right _ to appoint or retain an agent to foreclose and 332 collect all delinauent Canal Maintenance Services Special Assessments in the manner 333 provided by law. A Canal Maintenance Services Special Assessment collected pursuant 334 to this Section shall become delinquent if it is not paid within thirty (30) days from the 335 date any payment is due. In the event the City exercises its rights to foreclose and collect 336 a delinquent Canal Maintenance Services Special Assessment, the City or its agent shall 337 notify any property owner who is delinquent in payment of his or her Canal Maintenance 338 Services Special Assessment within sixty (60) days from the date the Canal Maintenance 339 Services Special Assessment was due. Such notice shall state in effect that the City or its 100436073.4 306-99055521 Page 13 of 18 Page 746 of 830 340 agent will initiate a foreclosure action and cause the foreclosure of such property subject 341 to a delinquent Canal Maintenance Services Special Assessment in a method now or 342 hereafter provided by law for foreclosure of mortgages on real estate, or otherwise as 343 provided by law. 344 (C) All costs, fees and expenses, including reasonable attorney fees and title 345 search expenses related to any foreclosure action as described herein shall be included in 346 any judgment or decree rendered therein. At the sale pursuant to decree in any such action, 347 the City may be the purchaser to the same extent as an individual person or corporation. 348 All delinquent property owners whose property is foreclosed shall be liable for an 349 apportioned amount of reasonable costs and expenses incurred by the City and its agents, 350 including reasonable attorney fees, in collection of such delinquent Canal Maintenance 351 Services Special Assessments and any other costs incurred by the City as a result of such 352 delinquent Canal Maintenance Services Special Assessments including, but not limited to, 353 costs paid for draws on a credit facility and the same shall be collectible as a part of or in 354 addition to, the costs of the action. 355 (D) In lieu of foreclosure, any delinquent Canal Maintenance Services Special 356 Assessment and costs, fees, and expenses attributable thereto, may be rolled into the Canal 357 Maintenance Special Assessment for such parcel in a subsequent fiscal year. 358 (E) In lieu of foreclosure, any delinquent Canal Maintenance Services Special 359 Assessment and the costs, fees and expenses attributable thereto, may be collected 360 pursuant to the Uniform Assessment Collection Act, provided however, that (1) notice is 361 provided to the owner in the manner required by law and this Ordinance, and (2) any 362 existing lien of record on the affected parcel for the delinquent Canal Maintenance 100436073.4 306-99055521 Page 14 of 18 Page 747 of 830 363 Services Special Assessment is suplanted by the lien resulting from certification of the 364 Canal Maintenance Services Special Assessment Roll to the Tax Collector. 365 SECTION 23-76. REVISIONS TO CANAL MAINTENANCE SERVICES 366 SPECIAL ASSESSMENTS. If any Canal Maintenance Services Special Assessment 367 made under the Drovisions of this Ordinance is either in whole or in Dart annulled. vacated 368 or set aside by the judgment of any court, or if the City Commission is satisfied that any 369 such Canal Maintenance Services Special Assessment is so irregular or defective that the 370 same cannot be enforced or collected, or if the City Commission has failed to include any 371 DroDerty on the Canal Maintenance Services Special Assessment Roll that should have 372 been so included, the City Commission may take all necessary steps to impose a new 373 Canal Maintenance Services Special Assessment against any such property, following as 374 nearly as may be practicable the provisions of this Ordinance and in case such second 375 Canal Maintenance Services Special Assessment is annulled. the Citv Commission 376 obtain and impose other Canal Maintenance Services Special Assessments until a valid 377 Canal Maintenance Services Special Assessment is imposed. 378 SECTION 23-77. PROCEDURAL IRREGULARITIES. Any irre_ug larity in 379 the proceedings in connection with the levy of any Canal Maintenance Services Special 380 Assessment under the provisions of this Ordinance shall not affect the validity of the same 381 after the approval thereof, and any Canal Maintenance Services Special Assessment as 382 finally approved shall be competent and sufficient evidence that such Canal Maintenance 383 Services Special Assessment was duly levied. that the Canal Maintenance Services Special 384 Assessment was duly made and adopted, and that all other proceedings adequate to such 385 Canal Maintenance Services Special Assessment were duly had, taken and performed as 386 required by this Ordinance, and no variance from the directions hereunder shall be held 100436073.4 306-99055521 Page 15 of 18 Page 748 of 830 387 material unless it be clearly shown that the Party objecting was materially injured thereby_ 388 Notwithstanding_the provisions of this Section, any partythe Provisions of this Section, any Party objecting to a Canal 389 Maintenance Services Special Assessment imposed Pursuant to this Ordinance must file 390 an objection with a court of competent jurisdiction within the time periods prescribed in 391 Section 23-72 of this Ordinance. 392 SECTION 23-78. CORRECTION OF ERRORS AND OMISSIONS. 393 (A) No act of error or omission on the part of the City Commission, City 394 Manager, Property Appraiser, Tax Collector, City Clerk, or their respective deputies, 395 employees or designees, shall operate to release or dischargeany anyany obligation for payment 396 of any Canal Maintenance Services Special Assessment imposed by the City Commission 397 under the provisions of this Ordinance. 398 (B) The assessment amount on any Assessed Property may be corrected at any 399 time by the City Manager when an error is confirmed. Any such correction which reduces 400 a Canal Maintenance Services Special Assessment shall be considered valid from the date 401 on which the Canal Maintenance Services Special Assessment was imposed and shall in 402 no way affect the enforcement of the Canal Maintenance Services Special Assessment 403 imbosed under the brovisions of this Ordinance. Anv such correction which increases a 404 Canal Maintenance Services Special Assessment, or imposes a Canal Maintenance 405 Services Special Assessment on omitted property, shall first require notice to the affected 406 owner in the manner described in Section 23-68 hereof, providing the date, time and place 407 that the City Commission will consider confirming the correction and offering the owner 408 an opportunity to be heard. 409 (C) After the Canal Maintenance Services Special Assessment Roll has been 410 delivered to the Tax Collector, any changes, modifications or corrections thereto shall be 100436073.4 306-99055521 Page 16 of 18 Page 749 of 830 411 made in accordance with the procedures applicable to errors and insolvencies for ad 412 valorem taxes. 413 SECTION 23-79. APPLICABILITY. This Ordinance and the City's authority 414 to impose the Canal Maintenance Services Special Assessment pursuant hereto shall be 415 applicable within Canal Maintenance Services Areas throughout the City. 416 SECTION 23-80. ALTERNATIVE METHOD. This Ordinance shall be 417 deemed to provide an additional and alternative method for the completing the tasks set 418 forth herein, and shall be regarded as supplemental and additional to powers conferred by 419 other laws, and shall not be regarded as in derogation of any powers now existing or which 420 may hereafter come into existence. This Ordinance, being necessary for the welfare of the 421 inhabitants of the City, shall be liberally construed to effect the purposes hereof. 422 Section 3. Codification. It is the intention of the City Commission that the 423 provisions of this Ordinance shall become a part of the City's Code of Ordinances, as 424 amended. The provisions of this Ordinance may be renumbered or re -lettered and the word 425 "ordinance" may be changed to "section," "article" or other appropriate word to 426 accomplish such intention. 427 Section 4. Severability. The provisions of this Ordinance are severable, and if 428 any section, subsection, sentence, clause or provision is held invalid by any court of 429 competent jurisdiction, the remaining provisions of this Ordinance shall not be affected 430 thereby. 431 Section 5. Conflicts. All ordinances or parts of ordinances, resolutions or parts of 432 resolutions, in conflict herewith are hereby repealed to the extent of such conflict. 433 Section 6. Effective Date: This Ordinance shall become effective 434 immediately upon adoption. 100436073.4 306-99055521 Page 17 of 18 Page 750 of 830 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 FIRST READING this day of April, 2021. SECOND, FINAL READING AND PASSAGE this day of .2021. ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) 100436073.4 306-99055521 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus Page 18 of 18 VOTE YES NO Page 751 of 830 12. B. Legal 4/20/2021 Requested Action by Commission: Proposed Ordinance No. 21-12 - Second Reading - Approve ordinance amending Chapter 15, "Offenses -Miscellaneous" of the Code of Ordinances, by creating a new article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance." Explanation of Request: Following discussion at the November 17, 2020 and January 19, 2021 City Commission meetings, the Commission directed staff to bring back a Polystyrene Foam Waste Reduction Ordinance for consideration. How will this affect city programs or services? This ordinance, if passed, will entail the following changes to City programs and services: • Modification to City contracts, leases, special event permits, and concession agreements to prohibit the use and distribution of polystyrene foam food ware and unencapsulated polystyrene foam products (e.g., coolers, ice chests, pool or beach toys) by City contractors and temporary vendors in City facilities and on City property; and the use of balloons and confetti in outdoor areas of City property. • Development of a voluntary pledge for facility rental agreements to discourage the use of polystyrene foam food ware and unencapsulated polystyrene foam products from all City property and facilities; and the use of balloons and confetti from outdoor City facilities. I ndividuals who take the pledge will receive discounted facility rental rates. • A public education and outreach campaign for at least 12 months to inform affected persons/entities and to assist with identifying alternatives to polystyrene foam food ware and other banned items. • Enforcement of the prohibition after a 12 -month educational period. Fiscal Impact: Non -budgeted Requiring City contractors and temporary vendors to use alternative products is not expected to have a direct impact on the City's budget. Any additional costs to residents who rent City facilities can be offset through discounted facility rental fees. Staff will work with stakeholders to identify economical alternatives to polystyrene foam products. Alternatives: Not consider the proposed ordinance. Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable city Climate Action Application: 2020 Climate Action Plan: Strategy G-3.1: Green Office Practices Page 752 of 830 Strategy C-3.1: Waste Reduction & Recycling Strategy C-3.2: Sustainable Lifestyle & Consumption Co -Benefits: Ecosystem Protection, Public Health, Economic Development Is this a grant? No Grant Amount: Attachments: Type D OrdiinainCE) D OthE)r D AttachirTIENI'lt Description Floystyir'E)111E) Ordiinall'ICE) 1St If Esadiing Floystyir'E)111E) Ordiinall'ICE) Flir'E)SE)intatioin Flass oin Rastics IDiraft F::]YENr Page 753 of 830 I ORDINANCE NO. 21 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART IL "CODE OF ORDINANCES," CHAPTER 15, 5 "OFFENSES -MISCELLANEOUS," BY CREATING A NEW ARTICLE 6 XIV, ENTITLED "POLYSTYRENE FOAM WASTE REDUCTION 7 ORDINANCE"; PROHIBITING THE USE AND DISTRIBUTION OF 8 POLYSTYRENE FOAM FOOD WARE, UNENCAPSULATED 9 POLYSTYRENE FOAM PRODUCTS, BALLOONS, AND CONFETTI ON 10 CITY PROPERTY; PROVIDING FOR DEFINITIONS, CODIFICATION, 11 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE 12 13 WHEREAS, the City of Boynton Beach has a duty to protect the natural environment, the 14 economy, and the health of its citizens; and 15 16 WHEREAS, the City's 2020 Climate Action Plan identifies waste reduction as a key 17 strategy to help make Boynton Beach a regional and national leader in sustainability; and 18 19 WHEREAS, polystyrene foam, a petroleum-based plastic material often incorrectly 20 referred to as "styrofoam," is an environmental pollutant that is commonly used for packaging and 21 as food service ware in the City; and 22 23 WHEREAS, due to the physical properties of polystyrene foam, the U.S. Environmental 24 Protection Agency states that "such materials can have serious impacts upon human health, 25 wildlife, and aquatic environment, and the economy"; and ►z: 27 WHEREAS, polystyrene foam is difficult or impossible to recycle, as it is easily 28 contaminated and difficult to sort, and is not compostable; and 29 30 WHEREAS, polystyrene foam is commonly littered or blown out of trash receptacles and 31 migrates to the storm drain system and eventually to the ocean and beaches; and 32 33 WHEREAS, polystyrene foam breaks down in the marine environment into smaller 34 pieces, which are non -biodegradable and which negatively impact water quality and harm marine 35 life that often mistake pieces of polystyrene for food; and 36 37 WHEREAS, balloons and confetti are also common forms or plastic litter that contribute 38 to marine debris, harming sea turtles and other wildlife that commonly mistake them for food; and 39 40 WHEREAS, due to these concerns, more than 20 municipalities in Florida have enacted 41 ordinances banning or restricting the sale and/or use of polystyrene foam and/or other single -use 42 plastic products; and 43 44 WHEREAS, Florida Statute 500.90 preempts cities from regulating polystyrene citywide, 45 but does not limit a city's authority to prohibit its use by individuals on city property, temporary 46 vendors on city property, or entities engaged in a contractual relationship with the city; and 47 Page 754 of 830 48 WHEREAS, restricting the use of polystyrene foam and other plastic products will protect 49 the health and safety of the City's residents, as well as its natural environment, beaches, waterways, 50 and wildlife. 51 52 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 53 CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 54 55 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 56 true and correct and are hereby made a part of this Ordinance. 57 58 Section 2. Part II, Chapter 15, "Offenses -Miscellaneous," is hereby amended by creating 59 a new Article XIV, entitled "Polystyrene Foam Waste Reduction Ordinance," to read as follows: 60 61 Chapter 15 Offenses -Miscellaneous 62 Anticle... 11 Polys„l. retie Foam Waste .Redtucti(.»n (..Ardinnannce.. 63 64 (q PnrL)()sc. The (7itw (yypn t 1!� 11e40,.! leas , dj.q tc )rotect tine neat; ral ennviro nmennt. the 65 e,c,onot;y ani,,, the hlth �»f its resndents., f l�e....h�.na�ose �>filnis Article ist.o re n.n.latetlne ninetcl. 66 d.istnnq�a. morn of Pol st renne foam annd Queer sine ale a;use elastic :roa�nu� is g n Cit, )r( erty inn order 67 'to lead,,,b exanple��rotect, the health of 11�>ynt.on Beach residents; and promote si.nstainable 68 practnces wnthnn the (�"nty.. 69 70 s shall leave the 71 following meanings: ....... 72 �,1. "g3alloon" rnnearns a tqe ible rnonn orous bay rnnade from materials such as rubber. latex. 73 foil. rnetn.l,...h�> chl�>r�> gene. M lan. �>r l�>n fabric ilnat, can be inflated or filled with air. 74 wate,;A off, yen.. 75 "CntyFacility” m.�arns a; building . structure. or vek isle owrned or o. erated by the (ity,. 76t 1�ynt, Propty" means arn� larnd owrned or rnnarnaed by tie C" 77 1� ""nt.� (�"�>ntnact.�>r" n�ea.ns a c�>ntnact.�>r. vend�>r. lessee. licensee;�r�>granmm�nhantner. �>r 78 ides services to or at.. or widertakes 79 constn... tiot nn a (,"n t: f^'acnlnt: �>r �» (�"n t: ][�r�> pert: �>r an �> �erat.�>r �>r manager of a ('it. 80 f a� nlu„t.� �>f City Prolnerty, 81 5 "C"o��lettl" meas small�ieces �>r stnean�ers �>f�lastic.�a�er. m lan. �>r metallic material 82 that a;ne thrown or scattered dnuritig festive oc Casio is,,;;, 83 0)-11 P-0-1 ;st, rune Foarnn” rnnearns blowrn . of st„ ranee arnd e . arnded and extruded foarnns which 84 Anne ttyocemnc;l matynals nu;tnlncnng a styrene mo» homer and l�r�>cessed by 85 ftn.sion of ,ol mer s,heres 86 (wed�andable bead��>l st: rene . in'ecti�>n m�>ldin. f�>an� m�>ldin. and extnn.n.sioti blown 87 m o I d i �enerall ttsed t.o make ctn S. 88 l��>wls.A flat s to m., clang shell c o» ntant ens n eat mays, ang cart�>nns. and is c�>mm�»nl 89 kri often en c Dynan try referred t�> as "styrolo Page 755 of 830 90 91 that are desi(med for one-tirne t..�se For servitj,�� or dis,trikItim4 food or drink. 92 93 94 95to I E�.�Vi 96 i 97Fa i 98 99 or encased within a 100 101 ice chests RL)ol toys. and beachto s. 102 103 104 105 rovide Food in, or offerthe 106 1U7 108 se 109 110 111 or Con Feat in any 112 d into all con'tracts leases 113 s ...... ...... a t] d c ol] c e s s i o ag ernents entered into or renewed afterthe effective date of 114 115 116 117 revocation 118 shall not aj) Av 119 120 Contractor or Term, oja� )Fraw 121 122 123 effective date ofthis section or ati.y tg 124 date ofthis section which shall not. be su . b ecttothe rec tjirernents ofthis section. 125 tni les , 'i Cit. Contractor or Tern 126 with 127 128 129 P el 130 re or LJnencat)stflated Pnix-tyl-p- 131 132 Page 756 of 830 133 ted into true C i ty, " .. ......... sfa c ...... ........... ; iJ Jt . .............. yj�nai 134c i e s a.Ld ate„ after the effective . .... . .... ... .... ..... .... 135 d........a.......t....e ......o.........F........t....h.........i.....S..... article . .a.......t........d .al.....a.......y i.....t........c........o........r..�') orat reference re liatcewitliall 136 1 �2 itiatices ofthe ("i'!V. . .............................................................................................. ................. 137 138 ent nallies aml h"n i)rccnl� ............................................................................................ . . . 139 t.blic edtwatioti efforts 'to 140 itifon-ti a ffected 1'. etititi e s o Fth e ofthis Article acid to pig ide ........................ .............................................................................. .................................................................................................. 1. E�!2.2!1� ......................................................................................... ........ ........................ .............. .................... 141 assistance with idetiti rohibited ... ................................................................ ............... ............. ..................................... 142 items.. 143(ZLBegitmiti -twelve 2)...mg» 4 is.._1-ticle,the.City s1,1411 gtive date of a ................................................................................................ ..................... ........... ........ ...................... ................ 144 ell r..w iti ublic education....... .. . ... ... . ... c e a ..... .... ..... . 145ola ...... .... . 146 Vetidors st all curretice bast t) .......................... ............................................ 1 ................. hg �2p 4 1'. g�E �1�� .......................................................................................... s a ......... . d... sl.j. 147 a. 1,'irsl violation: Writteti wann ......................................................................................................................................................................................................................... . 148 b. . `ccoml violation: $25 fine. .............................................................................................................................................................................................................. 149 c,, lhirclamlsnhse(p�jj lJolations: $50 fume. ........................................................................................................................................... .......................................................................................................................... 150 d. These ernetit. of at, or shall be iti additioti 'to etiforc hese ........ ...................................................................................................................................................................................................................................................................... ............... ................ y 1��.dy_ 151 ten h e e i ti 4py .................... ... ........ 2P ............... d ............. (J�ty contract.. concession or lease. 152 153 Section 3. That ordinances or parts of ordinances in conflict herewith be and the same 154 are hereby repealed, provided that in the event of a conflict with respect to the administration of 155 the building codes, existing administrative laws or rules of the City shall control. 156 Section 4. Should any section or provision of this Ordinance or any portion thereof be 157 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 158 remainder of this Ordinance. 159 Section 5. Authority is hereby given to codify this Ordinance. 160 Section 6. This Ordinance shall become effective immediately. 161 FIRST READING this — day of April, 2021 162 SECOND, FINAL READING AND PASSAGE this 163 164 165 Mayor — Steven B. Grant 166 167 Vice -Mayor — Ty Penserga 168 169 Commissioner — Justin Katz 4 day of _, 2021. YES NO Page 757 of 830 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus 5 VOTE Page 758 of 830 r„ r r rzxou0 LLI f%////////////2 �Oj�is%4444//// OU fZ V N N .E O r4 -J, V MW W 0 O m O M co O 0) Ln I- (2) 0) co d 0 0 .r- V) V) Q) Vlo�� E O N •� C) 0 N Q) 4-j RS C- Jf an 0 V ............. 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OC $ o °S�b u v a Eo �= d vd O V am a. -0 ti.. b _ ..p H y d a 0= O. 0 \ b -a E Jc dEa - C (i 3 V b i h°a a m .c>o� -oo' O=ad3 0 rn C d= o a a o'❑o C0— r d 0 �. v 0, O o 'a d E U O d y a. 0c do a �s Eo u aysa �= y rn = u � S u! c d=: 1,0 —C ob 0 x Z i U O o o as a tx-cC4 rn -p oa oa ua d d aati C, oma= "aQa= d p Q E 3 E� N"c °r m Q. o" ❑m y c a x c =dna m o= -Eos ` gi d ° a o,ti.sa -a N C d O ba O a ui y d= O y -O 7 V O a'ac -0 O -boas— �o•o a O '- d u a B o c o --r�; a y aa o O O a N p s 0 3 c E C 0 7 o a r = H d° ti° i of w b a b N u b j = O a 0. w d � 3 b 0+ O H o O p a b y b d b 0 ❑ -- b b° OI E 3 b O c 4 C 0 O O= U b V y a S u� O O O a p O a OO O bO — Q Gc CL CL S ce 0) d N E a d m 0-0 --a G U a tx a CO ///iiii) om-,", / m� f / � J/� n/nnnnn� /l /� �io� fff /'iia./ � � III Hlllllllllllllll Ln co Z:c Q 4d C7 a C d iy a d c �+' _ c 'y Q ❑ E a E b d r �'o v L1 Z W (J N =oa S � ® O Qc ° O CL a o_ O OC sdco ' q- ® a o o \ - v 0 u� O .,a C U 0 � -Q :, o 11 a 0 0 �. v O O O -g 4 = y C d E U O d y E ro C d U u 0 C a d LL O a ❑ V 5 S P O 0 x Z i U 0 3 Q O v a d d c a o d a v o mumm w O c O O -a O '- d u a B o c o --r�; a W O C `i3 w 9 OS % U ® y -Q W a ° ; �° y d O De o cmb W= w a cy 'moi U. u >1 d d ce 0) d N `/1 -0 + N -0> Q F- °u E , ///iiii) om-,", / m� f / � J/� n/nnnnn� /l /� �io� fff /'iia./ � � III Hlllllllllllllll OP /lk Yi • n %ar �aaaiaae V4—, JJAI 4-1 �avavav; � • � V a0000000 1 4-, O vi avavav; on C:ro „aiczi„icricarf yC:� � V) V V' O 4-+ j 4.,' O O 4-' �- IA C C: SCS 1,,,,,,,,, 0 M co O N co d /rar„tee„i Yi a �aaaaaie 4-J U �irrr 1. (U fC3 � 4-J O M co 0 I- a� co d �irrr 1. (U fC3 � „1 O M co 0 I- a� co d (U � „1 N .SCS V) CL U � 4--J SCS O O O O rrr°°1 .�-� p N •^ _. C::3 on O O •� _' O 4--J 4-, �- 4--JLn C L Ln 4-J � ro CO N i' C � y+ � O 4ftaCL Z _. U— U A A A A A ,,,,,,,, O M co 0 I- a� co d 0 M co 0 co co a j ,f •U .-1 I- E > � p O `'— C V) O C: C: SCS ,fn V L— O 4—J O i% Q O U W O•^ � i— `o _0 _0 ,o'' rcf �► a� O a 0 M co 0 co co a A JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ��/'11;POP INK 0 M co 0 0) I - a) 0) co a i Paper/Comp©stable Food Ware Recyclable Plastic Food Ware Reusable Food Ware r I i Balloon Alternatives Use your phone's camera app to scan the QR codes for some alternatives to reduce plastic pollution. REFUSE disposable plastic whenever and wherever possible. Choose items that are not packaged in plastic, and carry your own bags, containers and utensils. Say "no straw, please." REDUCE your plastic footprint. Cut down on your consumption of goods that contain excessive plastic packaging and parts. If it will leave behind plastic trash, don't buy it. REUSE durable non-toxic straws utensils to - go containers, bottles, bags, and other everyday items. Choose glass, paper, stainless steel, wood, ceramic and bamboo over plastic. SAY NO TO BALLOONS Falsely -marketed as "biodegradable,"latex balloons contain chemicals & can take years to break down. Balloons can travel thousands of miles, polluting the most remote & pristine places. Once they do, they become a danger to any animal that comes in contact with them. WHY REFUSE PLASTICS? Less than 10 percent of American plastic waste is recycled. The United States ranks third among coastal nations for contributing litter, illegally dumped trash, and other mismanaged waste to its shorelines. BRyi tcn Beoch ni._ r-Yi @. _ hraoI cof SURFRIDER FOUNDATION. PALM BEACH COUNTY Page 770 of 830 It's up to us to change the current flow of plastic pollution through advocacy for better product alternatives and switching to a reusables in our every day life. Polystyrene foam, commonly known as "Styrofoam," is a type of plastic manufactured from non-renewable fossil fuels and synthetic chemicals. Polystyrene foam does not biodegrade in our lifetimes. When littered, it breaks down into small pieces, which are harder to clean up. Polystyrene contains the chemical 'styrene" which can harm human health and which may leak out over time, especially if in contact with hot, greasy, or acidic food. Animals can mistake polystyrene foam for food or nesting materials. When ingested it often has fatal consequences. To reduce plastic waste, use reusable plates, cups, and utensils whenever possible. If reusable items are not practical, choose disposable items made of paper, compostable material or recyclable plastic (marked #1 #2, and #5). These products are available at local retailers (such as Publix'Target , Walmart, and BJ's) at prices that are competitive with polystyrene foam. Scan the QR codes on the front of this flyer to find options for your next event. Balloons go up, and they DO come back down—as unsightly litter or worse. Turtles and other animals mistake balloons for food and ingest them causing sickness or death. Mylar balloons, with their thin metallic coating, can be a fire hazard if they get caught up in power lines. It's important to understand that there is no such thing as a "natural" or "biodegradable" balloon. These are plastics that are made with chemical additives, and can last years poisoning our environment. Confetti is often made of plastic, mylar, or metallic material. Confetti is considered a micro - plastic, which is any plastic piece less than five millimeters in length. These tiny plastic pieces can be easily be washed away by rain and end up in rivers and oceans where they pose a threat to wildlife. A 2018 study from Loggerhead Marine Life Center here in Palm Beach County found that among 97 tiny juvenile sea turtles, all but one had micro -plastics in their stomachs—a saddening example of the prevalence of micro -plastics. 12.C. Legal 4/20/2021 Requested Action by Commission: Proposed Ordinance No. 21-013 - Second Reading - Approve proposed amendments to Ordinance No.01-66, Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive bidding" and Section 2-56.1 "Exceptions to competitive bidding amending purchasing threshold language. Explanation of Request: On December 17, 2019 the City Commission approved changes to the City's procurement thresholds via Resolution R19-171 increasing the procurement thresholds. The City's purchasing ordinance must be amended to reflect the changes that were implemented via Resolution R19-171. How will this affect city programs or services? The proposed changes will provide staff the necessary tools to continue processing purchase orders and bids in the most efficient and effective manner. Fiscal Impact: Budgeted None Alternatives: Not approve and have revert back to the thresholds listed in the City's ordinance. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Ordliir:air CE) Ordliir:a l['IC2, a irTIE)i:dliir:g IPLArchasiir:g ThirEssholUs ttach irTIEN11t RE)S() 19...171 Page 772 of 830 I ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-56 5 "PURCHASING AGENT, SELECTION, DUTIES; 6 COMPETITIVE BIDDING"; AMENDING CHAPTER 2, 7 SECTION 2-56.1 "EXCEPTIONS TO COMPETITIVE 8 BIDDING" TO AMEND PURCHASING THRESHOLD 9 LANGUAGE; PROVIDING FOR REPEAL OF LAWS IN 10 CONFLICT, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City Commission approved changes to the City's procurement 14 thresholds via Resolution R19-171 increasing the procurement thresholds; and 15 WHEREAS, the proposed changes will provide staff the necessary tools to continue 16 processing purchase orders and bids in the most efficient and effective manner. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. Chapter 2, Section 2-56 "Purchasing agent, selection, duties; competitive 22 bidding" of the City's Code of Ordinances is hereby amended to read as follows: 23 Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. 24 (a) The city commission shall appoint an officer or employee of the city, other than a 25 member of the city commission, as purchasing agent for the city who shall be responsible for 26 the purchase of all supplies, materials, equipment and other articles used by the municipal 27 government. All purchases or sales of city property shall be subject to the approval of the city 28 commission and shall conform to such regulations as the city commission may from time to 29 time prescribe. 30 (b) Personal property, commodities and services. Except as provided in section 2 56 1 all 31 purchases or sales of personal property, commodities and services involving amounts 32 referenced in the g eY 33 , or constriction involving amounts referenced in tl�e � uty's ��acl asung 1[�olicy„of 34shall be made only after the publishing of an 35 advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 773 of 830 I time, not less than ten (10) days prior to the date set for the reception of such bids, together 2 with such other notice as the commission may direct. The city commission shall have the 3 power to reject any and all bids submitted and received, and to waive any informalities in 4 connection with such bidding. 5 (c) Real property. Real property maybe sold in the manner recommended by the City 6 Manager and determined by the City Commission to be in the best interest of the city. With 7 regard to the sale of any real estate owned by the city which has an appraised value exceeding 8 $100,000.00 as determined by the most recent valuation of the Palm Beach County Property 9 Appraiser, no such sale shall be conducted or consummated until such time as subject 10 property has been appraised by a disinterested qualified appraiser to be designated by the city 11 commission for the purpose of establishing a fair market value thereon. The sale of real 12 property for less than the fair market value shall require the approval by a vote of four-fifths 13 (4/5) of the City Commission. 14 (d) The foregoing provision for sale of real property do not apply to real property located 15 within the city's community redevelopment area if the property was acquired by the city for 16 the purposes of community redevelopment or if the sale of the property will facilitate 17 redevelopment consistent with the CRA plan; or if the sale of the property will facilitate 18 restoration of a property which the City Commission deems to be historic, even in those cases 19 where historic designation by the State of Florida, Palm Beach County, or pursuant to a 20 federal historic designation program has not occurred or is pending. 21 22 Section 3. Chapter 2, Section 2-56.1 "Exceptions to competitive bidding" of the City's 23 Code of Ordinances is hereby amended to read as follows: 24 Sec. 2-56.1 Exceptions to competitive bidding. 25 (a) The purchase or sale of any real property by the city from or to another governmental 26 agency shall conform to such regulations as the city commission may from time to time 27 prescribe, but such purchase or sale shall be excepted and exempt from the provisions of 28 section 2.56 hereof. 29 O fC uty,,,,garuagr shallstalisb puwoc�urmnt. p�>licis>,n any purchase of personal 30 property, commodities, or -services or constnj tiouu i a -g au r ; ai+ weffty 31 32 s.lu.a�I 1 (4es. The procurement policies shall provide for obtaining 33 sufficient pricing and product quotations to ensure that the goods, services, or constriction 34 being procured is the highest quality at the most reasonable cost. Such procedure shall require 35 the preparation and maintenance of written records which adequately document the quotations 36 obtained, property account for the funds expended, and facilitate an audit of the purchase 37 made. Furthermore, the city manager, or in the city manager's absence, the acting city 38 manager is authorized to execute a purchase order on behalf of the city for such purchases 39 rty„ e�� in aniotu.uuts referenced uuu....the � i„ly's l�au��luasil�g l�o�..p.�.Y. bid threshold for 40 personal property, commodities and services, or S75,000.00, for constriction in an o>1u its 41 referenced in the � uty,,°s .l�uua�hasuu�.g ][�olu,�,y,. The City Manager shall file a written report with 42 the Commission at the second Commission meeting of each month listing the purchase orders 43 approved by the City Manager or Acting City Manager. S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 774 of 830 I (c) On the purchase of personal property if the city manager shall maintain that an 2 emergency exists in regard to the purchase of any commodity so that the delay incident to 3 giving opportunity for competitive bidding would be detrimental to the interest of the city, 4 then the city manager shall file a statement certifying the conditions and circumstances. The 5 written statement shall be kept with the purchase order. This emergency purchase will be 6 presented to the City Commission at the earliest meeting if it exceeds the threshold for 7 purchases. 8 (d) Commodities available only from a single source may be excepted from bid 9 requirements. A letter is required from the vendor and the single source purchase will be 10 made from the vendor at the discretion of the purchasing agent. I I (e) On any purchase of personal property where the funds for the price of the entire 12 purchase are being supplied by another governmental agency and no funds of the city are 13 being used towards the purchase price, the purchasing agent may elect to follow the 14 competitive bidding requirements of the governmental agency which is supplying the funds 15 for the purchase. 16 (f) The purchasing agent may award a contract by accessing purchasing items from the 17 Federal General Services Administration Contract, the State of Florida State Contracts, 18 SNAPS, RESPECT, PRIDE or other purchasing contracts of any departments or subdivisions 19 of the State of Florida; or "piggy -back" of the government or national alliance bids without 20 the competitive bidding process required by this article. If budget allocation is approved by 21 Commission, as part of the budget adoption for the fiscal year, all items purchased in relation 22 to paragraph (f) will not require further Commission action unless a formal contract is 23 involved. 24 25 26 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 27 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 28 Section 4. If any clause, section, or other part or application of this Ordinance shall be 29 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 30 or invalid part or application shall be considered as eliminated and so not affecting the validity of 31 the remaining portions or applications remaining in full force and effect. 32 Section 5. Authority is hereby given to codify this Ordinance. 33 Section 6. This Ordinance shall become effective on passage. 34 FIRST READING this 6th day of April, 2021. 35 36 SECOND, FINAL READING AND PASSAGE this day of , 2021. 37 S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx Page 775 of 830 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:\CA\Ordinances\Purchasing thresholds Chapter 2 - Ordinance.docx VOTE YES NO Page 776 of 830 fl I 1.0 11 12 13 :14 15 16 17 18 19 20 21 RESOixTION NO. IZ19-171 A RESOLUTION OF THE CITY OF BOYNTON BEACII, FLORIDA, ESTABIJSHING PROCUREMENT 'I'll IIESI-10 LDS FOR THE CITY MANAGER AND TIIE CITY COMMISSION AND MINIMUM STANDARDS FOR A.I.A., CITY PROCUREMENT REl.,ATED CONTRACTS; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City Administration under the authority of the City Manager has implemented rules and procedures regarding procurement of commodities and services needed by the City to perform its public services; and WIIEREAS, the City ( lommission has reserved to itself' the authority to establish rnonetarN limits on the City Manager's authority to enter into contracts for purchases and services. NOW TIJEREFORE, BE IT RESOLVED BY 'riff CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, UIAT: Section 1. ,lie foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby, made a, specific part ofthis R.esolUti0n upon adoption. Section 2. The following establishes the monetary thresholds for all procurement 22 matters: 23 24 25 Processing Requirements and Approval Levels. Requirements for approvals of all construction and non -construction purchases follows: "Iersot,71 Prone Total Purchase Amount Requisition Process Approval Level Total Purchase Purchase Type ss than $2,000 One quotation r Department Head* Requisition/P.O. $2 ,000 to $4,999 '-fh r —ee W _r'i'ft_en —Qu oDepartment He* ad Requisition/P.O. to $5� Thr�_e_\/V_ritten duotes CIty M, anager; Requisition/P.O ,$35,000 & over Formal Bid N Requisition/Contract Construction Projects - Bid Threshold $100,0011 S,('A\Rl,,'So\Ilioctii-etiici,it Policy I'l-iresholds - Reso Docx Page 777 of 830 _._..__..... _._.._...... ... ........ ... _..... _....._......... _...._..._..._... ._ .................__............W..... ... ........ .... ___......... Total Requisition Process Approval Level Purchase Type Purchase Amount Total Purchase __.___.__._...__.._._....._ ..... __......_.......__..._. _.._....__.._.....___.......___.___._._......e___..._.._..__.. __._._..._...._.__.__.__....___.._..___....___........... __.__.._......_..........._......__..._.__ _____._._....... __... .._... _................. Less than $ 2,000 One Quotation Department Director* Requisition/P.O. $2,000 to $4,999 uu mmw Three Written Quotes Department Director*.__.___. Requisition/P.O. $5,000 to $99,999 Three Written Quotes City Manager* Requisition/P.O $100,000 or above-.. -- . Formal Bid Process- m City Commission Requisition/Contract 26 *Or Designee 27 28 Section 3. All contracts and purchase orders shall be subject to (1) the laws ofthe 29 `tate c t'Florida, and (2) venue in Palm Beach County, Florida, and (3) Florida Public records 30 law, arra (4) Florida's Scrutinized Company law. 31 A person, vender, contractor or company who does not acknowledge agreement to the 32 four foregoing recluirenlents is riot a "responsible bidder or offerer" as that term is used in the 33 City's Procurement Policies. 34 Section 4. That this Resoluti0II shall become effective immediately. 35 PASSED AND ACOP ITI) this 17 clay of E)ecernber, 2017. 36 CITY OF 3OYN�TON BEAC.`1�-1, FLORID 37 YES NO 38 Mayor ._. Steven. E3, Grant '/.__ ._._._. 39 40 Vice Mayor - Justin Katz 41 42 Commissioner -- Mack McCray 43 44 Commissioner Christina E,. EZornelus 45 46 Commissioner -Ty Periserga 47 48 49 ATTEST - 50 51/ ... C ystal Gibsot , MMC" City Clerk 54 55 (Corporate Sea]) `.i \(''A\R I:StTt0(,caren'tent Policy Thresholds - Reso,Docx V0,Al; Page 778 of 830 12.D. Legal 4/20/2021 Requested Action by Commission: Proposed Resolution R21-042 - Approve and authorize City Attorney to finalize Covenant in Lieu of Unity of Title documents per Isram Riverwalk LLC request and for the City Manager and/or Mayor to sign. Explanation of Request: On April 13, 2021, City staff received the attached request from Attorney Michael Weiner, attorney for Isram (the property owner), to convert the Unity of Title to a Covenant Running With the Land. In order to obtain appropriate construction financing for the residential units to be built by Riverwalk Residential, LLC, the lender has requested there be a specific delineation between the two (2) properties. The lender will be making its loan as to the residential parcel only so a document entitled "Unity of Title" will frustrate that approach. In its place and stead, the Isram group has proposed a Covenant Running With the Land which shall serve the same purpose of the Unity of Title by reaffirming the development orders previously granted but will allow the lender to make a loan against one of the properties, and not both. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: None Alternatives: Do not approve the request and direct staff to research alternate solutions. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 779 of 830 Type D IRE)SCA LA ti 0 II'l D I EAtENr D AttacNrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description IRE)SOkAboin &Jlthoriziing doCLAirTIEs1['Its f0ir Ila irairyl IR li ve, rvo-a I� k I EAtENr of Expbinahoin aind rEqUIE)St froirnMichwl� VV E)i IIIE)r Cove,inaint liirn I JERA of Uinity of TiCE) Cove,inaint lura I JERA of Uinity of TiCE) ir'Es�flill'lEd r'E)ViSk)1['IS Uinity of TiCE) DE)Cdarahoin Of IfRE)Stlrichve, Coveinaints Page 780 of 830 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 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING TO FINALIZE DOCUMENTS PER ISRAM RIVERWALK, LLC., REQUEST AND FOR THE CITY MANAGER AND/OR MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to obtain appropriate construction financing for the residential units to be built by Riverwalk Residential, LLC, the lender has requested that there be a specific delineation between the two properties; and WHEREAS, Isram group has proposed a Covenant Running With the Land, rather than a Unity of Title, which shall serve the same purpose of reaffirming the development orders previously granted and but allow the lender to make a loan against one of the properties, and not both; and WHEREAS, the City Commission, upon recommendation of staff, deems it in the best interest of the Citizens and residents of the City of Boynton Beach to authorize to finalize documents per Isram Riverwalk, LLC request and for the City Manager and/or Mayor to sign. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes to finalize documents per Isram Riverwalk, LLC request and for the City Manager and/or Mayor to sign. A copy of the finalized documents are attached hereto as Exhibit "A". Section 3. That this Resolution will become effective immediately upon passage. S:ACA\RLSO\Authorizing Isram Riverwalk Documents In Lieu Of Unity Of Title - Reso.Docx Page 781 of 830 I PASSED AND ADOPTED this 20th day of April, 2021. 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 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RLSO\Authorizing Isram Riverwalk Documents In Lieu Of Unity Of Title - Reso.Docx Page 782 of 830 SACHS SAX CAPLAN ATTORNEYS AT LAW SUITE 200 6111 BROKEN SOUND PARKWAY NW BOCA RATON, FLORIDA 33487 TELEPHONE (561) 994-4499 DIRECT LINE(561) 237-6819 FACSIMILE (561) 994-4985 April 13, 2021 James Cherof, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3009 E. Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 Re: Isram Riverwalk, LLC and Riverwalk Residential, LLC Dear Attorney Cherof: MICHAEL S. WEINER, ESQ. mweiner(a.)ssclawtirm. com Please accept this letter as a request to be placed on the City Commission Agenda of April 20, 2021 with respect to the modification of certain development arrangements between the above- mentioned parties and the City of Boynton Beach, Florida. In order to obtain appropriate construction financing for the residential units to be built by Riverwalk Residential, LLC, the lender has requested that there be a specific delineation between the two properties. The lender will be making its loan as to the residential parcel only so a document entitled "Unity of Title" will frustrate that approach. In its place and stead, the Isram group has proposed a Covenant Running With the Land which shall serve the same purpose of reaffirming the development orders previously granted and but allow the lender to make a loan against one of the properties, and not both. There is no substantial difference as to the control by the City of the properties. The only difference is in the separation of title for the purposes of the loan and issuance of a lender's title policy. Isram Riverwalk LLC and Riverwalk Residential LLC are, and will continue to remain related companies as they are presently. A copy of the document previously submitted for your review is enclosed for your convenience to be made part of the record. Please supplement it with those other matters you believe pertinent. thank you in advance for your assistance. Very truly yours, SACHS SAX CAPLAN /s/Michael S. Weiner Michael S. Weiner MSW/lw Page 783 of 830 Stephen A. Schorr, Esq. March 27, 2020 Page 2 of 2 Page 784 of 830 This instrument was prepared by: Alan J. Marcus, Esquire 20803 Biscayne Blvd; Suite 301 Aventura, Florida 33180 (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that the undersigned on behalf of Isram Riverwalk, LLC, a Florida limited liability company ("Retail Owner"), and Riverwalk Residential, LLC, a Florida limited liability company ("Residential' and together with Retail Owner, the "Owners") hereby make, declare and impose on the land herein described, the easement and covenants running with the title to the land, which shall be binding on the Owners, their respective heirs, successors and assigns, personal representatives, mortgagees, lessees, and all persons claiming by, through or under them; WHEREAS, Retail Owner holds the fee simple title to the land in the city of Boynton Beach, Palm Beach County, Florida, described in Exhibit "A," attached hereto and made a part hereof ("Retail Property") and Residential Owner holds the fee simple title to the land in the city of Boynton Beach, Palm Beach County, Florida, described in Exhibit "B," attached hereto and made a part hereof ("Residential Property") and together with the Retail Property, the "Property"); WHEREAS, Owners are developing said Property for: X Commercial and Residential Mixed Use Office Use Industrial Use WHEREAS, Owner may wish to convey portions of the property from time to time, and this instrument is executed in order to assure that the existing development of the property with future multiple ownership, complies with City of Boynton Beach Development Orders related to Riverwalk Plaza, Project File No. MSPM 16-002, and subsequent amendments thereto ("Development Orders"), and will not violate the Land Development Code and Building Code of the City of Boynton Beach, Florida. NOW, THEREFORE, in consideration of the premises. Ownerhereby agrees as follows: 1. The Property will be developed in conformity with Project File No. MSPM16-002, and subsequent amendments thereto, and the City Approved site plan entitled Riverwalk Plaza, as prepared by Flynn Engineering, dated June 11, 2020 ("Site Plan"), and the Development Orders. No minor siteplan modification shall be effected in the Site Plan without the written consent of the then owner(s)of the Property, and the Boynton Beach Department of Development. Should the Department denyan application for minor site plan modification, the then owner(s) of the property, may seek such modification by application to modify the plan or covenant at public hearing before the City Commission. If the Property is developed in phases, each phase will be developed in accordance with the site plan, City Development Order Conditions of Approval, oral representations of Owner or Owner representatives during the quasi-judicial hearing(s) that resulted in the Development Order, and other recorded documents associated with the approval of the project. {00438204.1 306-9001821} (Administrative) Page 785 of 830 2. In the event of multiple ownership subsequent to January 20, 2017, each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument. Owner further covenants that it will not convey portions of the Propertyto such other parties unless and until the Owner and such other party or parties shall have executed and mutually delivered to Owner and the City in recordable form, an instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: (i) easements in the common area of eachparcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, other overhangs and prcj ections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wingwalls and the like; (x) appropriate reservation ofrights to granteasements to utility companies; (xi) appropriate reservation of rights to dedicate road rights-of-way and curb cuts; (xii) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, surfacing parking, hardscaping, landscaping, common areas and the like (referring to pictorial and graphic representation offered by Owner or Owner representatives in conjunction with obtaining City approval of the project). The easement provisions or portions thereof, may be waived by the Boynton Beach Department of Development if they are deemed not applicable by the Department to the project as approved. When executed, the Easement and Operating Agreement shall not be amended, without the prior written approval of the Boynton Beach Department of Development. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Property as to which the Owner and other owner parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, {00438204.1 306-9001821} (Administrative) Page 786 of 830 maintained and operated in accordance with the approved Site Plan and Development Orders. 3. The provisions of this instrument shall become effective upon their recordation in the public records of Palm Beach County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, afterwhich time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the Property and the Boynton Beach Department of Development for City of Boynton Beach, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. 4. The provisions of this instrument may be modified, amended or released from time to time by recorded instrument by the then Owner or Owners of theProperty, and their respective mortgagees, if any, provided that the same is also approved by theBoynton Beach Department of Development. 5. Enforcement shall be by action against any owners or parties or persons violating or attempting to violate any covenants. The City is a third -party beneficiary of the Easement and Operating Agreement(s) and has standing to enforce the provisions thereof, if the City elects to exercise enforcement action. The prevailing party to any action or suit pertaining to or arising out of this Declaration or Easement and Operating Agreement(s) shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or by municipal code enforcement proceedings. 6. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect, nor shall invalidation a ffect or be construed to modify the Site Plan or Development Order(s). 7. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 8. In the event of a violation of this Declaration, in addition to any other remedies available, the City of Boynton Beach is hereby authorized to withhold any future permits from the defaulting Owner, and refuse to make any inspections or grant any approval requested by the defaulting Owner, until such time as this Declaration is complied with. 9. This Declaration shall be recorded within ten (10) days of approval by the City in the public records of Palm Beach County at the Owner's expense. This Declaration has no force and effect untilrecorded. [Execution Pages Follow] {00438204.1 306-9001821} (Administrative) Page 787 of 830 IN WITNESS whereof, the parties have signed this covenant in lieu of unity of title this _ day of April, 2021. Signed, sealed and delivered in our presence: ISRAM RIVERWALK, LLC a Florida limited liability company By: Isram Realty Management, LLC, a Florida limited liability company, Its Manager Lo Witness Name: Witness Name: Notary Page to follow STATE OF FLORIDA COUNTY OF MIAMI-DADE Shaul Rikman, Manager The foregoing instrument was acknowledged before me this day of March, 2021, by Shaul Rikman, Manager of Isram Realty Management, LLC, a Florida limited liability company, the Manager of Isram Riverwalk, LLC, a Florida limited liability company, who is (_) personally known to me or(_) has produced a as identification. [Notary Seal] [ADD SIGNATURE FOR RESIDENTIAL OWNER] {00438204.1 306-9001821} Notary Public Printed Name: My Commission Expires: (Administrative) Page 788 of 830 EXHIBIT "A" [MODIFY AS APPROPRIATE AND ADD EXHIBIT "B" Legal Description of Subject Prope : KNOW 41 Mt',,N I OIL% I PIRt'W",A, 71 THA I 1551,Wol ITM79WALK I I C A VI,,MTPA 1110,15714) LIARILln' COMRAW, OWNER OF R41E kA00 AS' f-,#H(VN4f 1M'ERIE,104 AS `WV,'E,RWALK IPfA,74" RUNC A P001 U,' THE NCATHEAsr ouAPTER OF SECTION 33tIOWSHIP 145 WWAIH. RAN(if 43, 1"' S1' AND All Of!"' 1101"S, 1 AM) 2 Ml ISMOU, AU'Sj, SEMOMI&M, ACC01DIX0 TO TWE, IPLAT WIFIREOF AS HE,'C0RDED IN PLAY BOOK 1,, P&Q. 14,, PAW MEMH COUNTY,, FLORVA nBUC REOWDS LESS T14AT PO4,R7 'I'AKEN FOR SZE- 15TH STRUI (W0,,OLZ,,WCDH7 REAP) AM) FVR'Wf_,,R 1,1JESS WAT CEIRTAMRMC)EL OF [WIND DEISCRU,3ZI) IN QkJIT Cl D,EED RECOMED W Mr 10AL RECORD) SUOK, 34,0 2, PACE 1637; 1DE"11 o MURE, PAR TXAA,ARl Y OESMarg), AS F04 t GW*� RUXIMANC AT A POfffil IN THE WEST JLWWE OF LOT L AT A, MTANIC' OF' 50 IF0,71 SC1UT4 OF T11E, KCVM,lUSF 5,T CORNER 1UCJR','0% 4,1EXXX N(Aklill % UELGAIMS 41 WNUTES 13 SECtWOS EAST AICING A 1J1,6E PWU11;.,: 1U1IT14 AND 50 f FIT SCA,,jl'%r,t, V," 11C NQU11Rj U44E OF S, I- 1LOT 1',. IDISTANCE. W 81CO FUEA' 'TO A 150(�,Nl ( x3 LINE AL,50 RO&'1 1iAl WXR1 RIGMT 4X,`-'#lAY IN WE a"Sk. 157H AVENJUE); THENCE SM04 85 111E.1u4F11ES 32 NOWTES 58 5E,,ClDKV,5 EAST, AWW Wl',, WurM R1,GHI'll OF -IIA'All' 1.4AVE Of SW0D S2, 151" AVEXUL A DKIANCC' (W 152,77 11t 1, TREINCE.' SOUTN 00W,"CREES 101TffiM1C,11M,MM47 SECONOTS,EAS"V.,, A U11TAKC11 OF 98,,V,,5 HAA': THENCE NCRU'li 89 DEWK, 5 41 NWIMTES 1,3 S-MMO$ IrAST, A, 011S7AkPC;C,, OF 107.,)9lFT,57T; if own# pQ v S 10 _c izz, i MAN'll"IES 4'? SECONITYS EAST,, A 011STAIN'Ll M 20.00 FEE T,: 1„111 +1 OU IH 12, UEORLIES 42, hX,`,,.WlJ1F5 45 S(CON 05 FAST, A DISTANU OF 30,79 77F,7;; THII SOL) TH %,D 1IMIfflJ'TL,",S, Cil SECONDS CAST, A cmsTANVE OF 50.1W M'' XI; 1401MI, 89 DECM,,"IS 41 MrNVIES, U, sr0oxas 17AST., A DISTANCt Of 21,07 irtur; 5KAJIM00 DECIFIVIEll' 5 "R m4WITES 47 $ Q0HUS FWST, A DjS7ANCF,, frF Q, 0D IFT,,'ET�,�� NENCE NORTH 89, 41 II )UTES M SECUMD'S CASI� A DASTANCE OF 35.00 F MORE OR I ESS,, 7D AN JN7FJR9ZC-10?J WTH THE 1ESTERlY R3'C;H7l0F WAY OF, 7HF 001RACOAStAL WAfU0VAA'Y;. WN'CE� SOU11FIj 07 DECRIMS 07 UmUITMS SO Sr,:r.MOS W"St, A, DISTANJJ,� OF �.0123, FFFT MORE OR, LESS TO 7HF SOUTH kYhR OF I.OT 2; TKI"WCE 5,0J1114 69 [XGRFl,,,5 41 WNWES 13 �;CVOQS MIST, ALCNiG T SDUH ILION Of- S&M, LOT Q AND DIC WESTERA Y EXTIERSION 114E1M OF, A DIST'MCE OF' 711 ,,05, rr", 'r. MORE OR UESS, TO A POINTON TRE EAST' WGH T-- 11'.W- 'WAY' UNE, ff' VS, KIGHWKYN0,1� THENCE NORD,ii 0-4 .57 w9�wng",-t 7v5 MOONDS EAS, ALONG 91IE E -AST IRA W -OF -WAY LPWt OF SAP011 Ltls, WKYWAY A Q0�1,57ANCF,,,, OF '225,,03 FEET' 'To T,,417 POM (4T, COMWENCEWN1 9)I,A, CURVE C,0N(,AVE 1(') THE WEST, 1°1AVW0 A, Kk%W$ ()I� 2014.9,s ritt AND, A, CEN'TAIAL ANCLE OF 03,04 09,C]CS 55 UMUll't'S IlD SECDNbt,; TRENCE NQUKFIRLY ALOUG, THE ARC, OF SAID CU`IR1,M, A D'STANU., OF 1,99,40 FF,,rT,, TO THE POW Of, TERMINAIDON OF SAW WiVeTHEN'CE C001NIU[NIG ALONG Ttf 1EAV RKmAit-OF-WAY LTRL 1,MM SAID U.S. IVQMMAAY 11401, NORTH 01 DEGREE$ 02 WINAS, it's 15 SEOWDS EMT, A DISTAXCF, Of 27,09FEET TO, A Pl(,XNT7KENCZ NORTH 69 4J UINUl"ES 15 �k.,CGNDS EA151. A 0151"9UNCE Of' 150,00 FEET TO A, KP'N'T",THE.N-CE NICATIA 101, DEC , , n UIT41'11S 15 SECCNID5 F, k VATH '7) WC5 �7 ,A5T,, AV,,N,�Q �A kMJF� RAIRALLF, , F, CAS I' R11041- OF -WAY L*E OF SAJO 1, i, H10H,"WAY NO. 1,, A DMIANCE, Of =(.W, FEET TO A, PCOIT ON THE 151XITH R)IGH7-Cjl','-WAY 1WE OF SAIX)&11,1511/11 4%4-44JE1 WE."VICE NCRTH 89 DEGREE$ 43 W,f4UTES '15, SECONDSEAST. ALCANG THE. SOUT14 RACM'T,,,lCF-WA`Y C*' S 1 15TH Vd,'fffl.kC,, A, W'SlANCE a#, rrtl' to THE, p(MINI rIU' II EUNXIMUL COHTAP41140 SOUPAr trE 9,77 141W, dal '.5S_ {00438204.1 306-9001821} (Administrative) Page 789 of 830 JOINDER BY MORTGAGEE The undersigned, Israel Discount Bank, the Mortgagee under that certain Mortgage executed as of the July, 2000, by Isram Riverwalk, LLC, a Florida limited liability company, and recorded in Official Records Book at Page , of the Public Records of Palm Beach County, Florida, covering all/or a portion of the property described in the foregoing instrument, does hereby join in this Covenant Running with the Land in Lieu of Unity of Title for the purpose of subjecting the lien and operation of the above- described Mortgage to the terms of this instrument. Signed, Sealed and Delivered in the Presence of Name: Name: STATE OF FLORIDA) ) SS: COUNTY OF MIAMI-DADE) "MORTGAGEE" Israel Discount Bank of New York, a New York State banking corporation By: Rod Trzcinski, Senior Vice President By: Name: Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of March, 2021, by Rod Trzcinski and , as a Senior Vice President and , respectively, of Israel Discount Bank of New York, a New York banking corporation, on behalf of the bank. Each such person is personally known to me (YES) (NO) or has produced a State of driver's license as identification. Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: {00438204.1 306-9001821} (Administrative) Page 790 of 830 Exhibit Ato Mortgagee Consent Mortgage and Security Agreement from Isram Riverwalk, LLC, Isram Riverwalk Land, LLC and Isram Boca Grove, LLC to Israel Discount Bank of New York, dated as of March 30, 2011 and recorded March 31, 2011 in Official Records Book 24435, page 135, as amended by the First Modification of Mortgage and Notice of Future Advance recorded in Official Records Book 24800, page 711 and the Second Modification of Mortgage recorded in Official Records Book 30516, page 848; a. Absolute Assignment of Leases and Rents recorded in Official Records Book 24435, page 179, as amended by the First Modification of Assignment of Leases, Rents and Licenses recorded in Official Records Book 24800, page 718 and the Second Modification of Assignment of Leases, Rents and Licenses recorded in Official Records Book 30516, page 855; b. UCC Financing Statement recorded in Official Records Book 24435, page 195, as continued by the Financing Statement Amendments recorded in Official Records Book 28091, page 1344 and Official Records Book 32069, page 585; C. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 27249, page 1930; and d. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 29734, page 404. Mortgage and Security Agreement from Isram Riverwalk, LLC and Isram Riverwalk Land, LLC to Israel Discount Bank of New York, dated as of March 21, 2018 and recorded March 26, 2018 in Official Records Book 29734, page 415, as amended by the First Modification of Mortgage recorded in Official Records Book 30531, page 489, and partial release of the following related collateral security instruments: a. Absolute Assignment of Leases and Rents recorded in Official Records Book 29734, page 435, as amended by the First Modification of Assignment of Leases and Rents recorded in Official Records Book 30531, page 498; b. UCC Financing Statement recorded in Official Records Book 29734, page 446; and C. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 29734, page 404. {00438204.1 306-9001821} (Administrative) Page 791 of 830 This instrument was prepared by: Alan J. Marcus, Esquire 20803 Biscayne Blvd; Suite 301 Aventura, Florida 33180 (Space reserved for Clerk) COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE KNOWALL BY THESE PRESENTS that the undersigned on behalf of Isram Riverwalk, LLC, a Florida limited liability company ("Owner"), hereby makes, declares and imposes on the land herein described, the easement and covenants running with the title to the land, which shall be binding on the Owner, the heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them; WHEREAS, Owner holds the fee simple title to the land in the city of Boynton Beach, Palm Beach County, Florida, described in Exhibit "A," attached hereto and made a part hereof, hereinafter called the "Property," WHEREAS, Owner is developing said property for: ❑x Commercial and Residential Mixed Use ❑ Office Use ❑ Industrial Use WHEREAS, Owner may wish to convey portions of the property from time to time, and this instrument is executed in order to assure that the existing development of the property with future multiple ownership, complies with City of Boynton Beach Development Orders related to Riverwalk Plaza, Project File No. MSPM16-002, and subsequent amendments thereto, and will not violate the Land Development Code and Building Code of the City of Boynton Beach, Florida. NOWTHEREFORE in consideration ofthe premises. Owner hereby agrees as follows: 1. The Property will be developed in conformity with Project File No. MSPM16-002, and subsequent amendments thereto, the City Approved site plan entitled Riverwalk Plaza, as prepared by Flynn Engineering, dated June 11, 2020, and the Development Order with conditions thereto. No minor site plan modification shall be effected in said site plan without the written consent of the then owner(s) of the Property, and the Boynton Beach Department of Development Should the Department deny an application for minor site plan modification, the then owner(s) of the property, may seek such modification by application to modify the plan or covenant at public hearing before the City Commission. If the Property is developed in phases, each phase will be developed in accordance with the site plan, City Development Order Conditions of Approval, oral representations of Owner or {00438204.1 306-9001821} (Administrative) Page 792 of 830 Owner representatives during the quasi-judicial hearing(s) that resulted in the Development Order, and other recorded documents associated with the approval of the project. 2. In the event of multiple ownership subsequent to January 20, 2017 , each of the subsequent owners, mortgagees and other parties in interest shall be bound by the terms, provisions and conditions of this instrument. Owner further covenants that it will not convey portions of the Property to such other parties unless and until the Owner and such other parry or parties shall have executed and mutually delivered to Owner and the City in recordable form, an instrument to be known as an "Easement and Operating Agreement" which shall contain, among other things: (i) easements in the common area of each parcel for ingress to and egress from other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; (v) easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for constriction of buildings and improvements in favor of each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) easements on each parcel for attachment of buildings; (ix) easements on each such parcel for building overhangs, other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) appropriate reservation of rights to grant easements to utility companies; (xi) appropriate reservation of rights to dedicate road rights-of-way and curb cuts; NO easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, surfacing parking, hardscaping, landscaping, common areas and the like (referring to pictorial and graphic representation offered by Owner or Owner Representatives in conjunction with obtaining City approval of the project. The easement provisions or portions thereof, may be waived by the Boynton Beach Department of {00438204.1 306-9001821} (Administrative) Page 793 of 830 Development if they are deemed not applicable by the Department to the project as approved. When executed, the Easement and Operating Agreement shall not be amended, , without the prior written approval of the Boynton Beach Department of Development. Such Easement and Operating Agreement may contain such other provisions with respect to the operation, maintenance and development of the Property as to which the Owner and other owner parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan and Development Orders. The provisions of this instrument shall become effective upon their recordation in the public records of Palm Beach County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owners of the Property and the Boynton Beach Department of Development for City of Boynton Beach, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended. Each Owner of the property will be jointly and severally responsible and liable for violations of the approved Site Plan, Development Orders, or City issued Notices of Violation concerning failures to maintain the Property in accordance with those documents or City code property maintenance standards. 4. The provisions of this instrument may be modified, amended or released from time to time by recorded instrument by the then Owner or Owners of seventy-five percent (75%) of the land comprising the Property, including joinders of their mortgagees, if any, provided that the same is also approved by the Boynton Beach Department of Development, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement shall be by action against any owners or parties or persons violating or attempting to violate any covenants. The City is a third -party beneficiary of the Covenants and the Easement and Operating Agreement(s) and has standing to enforce the provisions thereof, if the City elects to exercise enforcement action. The prevailing party to any action or suit pertaining to or arising out of this Declaration or Easement and Operating Agreement(s) shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or by municipal code enforcement proceedings. . 6. Invalidation of any of these covenants by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect nor shall invalidation effect or be construed to modify the Site Plan or Development Order(s). 7. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. In the event of a violation of this Declaration, in addition to any other remedies available, the city of Boynton Beach is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 9. This Declaration shall be recorded within ten (10) days of approval by the City in the public records of Palm Beach County at the Owner's expense. This Declaration has no force and effect until recorded. {00438204.1 306-9001821} (Administrative) Page 794 of 830 [Execution Pages Follow] {00438204.1 306-9001821} (Administrative) Page 795 of 830 IN WITNESS whereof, the parties have signed this covenant in lieu of unity of title this day of March, 2021. Signed, sealed and delivered in our presence: ISRAM RIVERWALK, LLC a Florida limited liability company By: Isram Realty Management, LLC, a Florida limited liability company, Its Manager Un Witness Name: Witness Name: Notary Page to follow STATE OF FLORIDA COUNTY OF MIAMI-DADE Shaul Rikman, Manager The foregoing instrument was acknowledged before me this day of March, 2021, by Shaul Rikman, Manager of Isram Realty Management, LLC, a Florida limited liability company, the Manager of Isram Riverwalk, LLC, a Florida limited liability company, who is (__) personally known to me or (__) has produced a as identification. [Notary Seal] {00438204.1 306-9001821} Notary Public Printed Name: My Commission Expires: (Administrative) Page 796 of 830 EXHIBIT "A" Legal Description of Subject Property: KNOW AU' 044, 'T ICY IMUSF1 PREW-979, THA0 ISRAIA WW"RMA9X„ IlC A 1TNA TFJO, I'JARILITY CCUPAMY'OME"R, OT THE LAND AS' SHOWN NFRIEON AS "ANG' ERWALK PlA7A' 9014%, A Poift,r Of THC NiMTKASr SNI AATT, FT OF Sr.VITON 31, t0,VSAN 3,,f4 4,5SMWIN, RANQ 4,31 FAS I Ahl) M 1, 04,1' 110 IS 1' MN/D 2 OF SIMIMMSIcKA, MmrK,,(; TO TRE IPLAT 1HEREOF AS RECORDED IN FOLAT BOOK 1,,, PAQE 14,, PALM WEACH COU47"t FLOROA nIMJC RECORDS LESS TINT r pART HAKZN FOR SZ. 157H STRIZE.11 (T LU RCAP) ANO RJWnfM DtAT U7.RTAM PAROE1, oF I,.Arm!i) ()Er�,cscRFD �N QUIT (,,l kw DELD RUMICED, IN OFFICIAL RECORD BOOK 3402,S PACE 11617; BE= MCME PAR'POAAMT' 'Y' OESMISED, AS F-044CM5' 01FOINNING AT A P0,lj',,NJ IN THIS;. 4EST 'LJ NI OF LOT L L A7 A, MTANCE,' OF 5D IFEE.7 SCUTH OF R+E KlORPIWEST CORNER TRCINICE'MT14 90 DCCN,�,MS 41 W11JUITES T3 SECC140S, EAST ALONG A [,WE PASA MILl MTH AM) $0 f"EET SC)IJI-A, OF DME NORTH U44E OF SA 10 LOY 11, A DISTANCE Of 81,90 FUE't TO A PUAl (SUU0 UNE ALso INTNDTV G Tm,,,E MATTIllMrM T- (T, -WA Ik NVIwE OF Sl. ISTHA)CRIA411- TRENCEE 9M) TN ANT' I GEwNT'N"S 37 WIMJTE,S 58 5E,,Cl0N0mSj US%Ai,,ONG %,CurTH RIGHT OF -119PAY 1.4AVE OF SWD S,,E,, 1511" AVCXUE� A, DISIAINC'IE 0C 1,52,77 REt TH, MCI'," "T 01H 60 DECREES I$ M0071"S, 47 SECONDS, EAST, A D&FAACE U 98 96 rt,tN": TIAENCE WORTH 810 DEG"W 5 41 1AINUTES" 1`ONDS, CAST,, A DlM4`lAN1CX,, OF 107,19 FrVi% TMCNNf0F. 50VIllf QQ MOREE's I$ WN'll"IES 4'? SECOWA' CASI,, A, 0181k,40, Of 20,00 F11J,: MEXCE SOUtH 12 DEUR S 42, V�,WIJIFFS 45 Vr.VCi IFASTA A DISTANCT Or 30,79!FTF7�; T SOUTH %W11 MCMUS M WNUMS, 41 SECOMM5 EAST,,, A CR 'C Of 50.100 F T; lh,cL.NCE. 14,01Uil SO DECAff!'S 41 MMUIES 13 St"COWTA, IFAST� A 01STANEr W' 21b"? lr?,17; WAYM( W DEURFES Is WINUTES 47 Tr,.QCNDS FAST A MTANCE fr) J(O,OD ff,'ET: THENCE, NIMM 8,91 DEGREES 41 INS"NUTES 13 SE"CMD'S E"AS114 A USTAxaf OF35, .00 FEr7 MORE NRR I ESS, 70 N CWTERSEC1101"N 074 TK 10FES71PLY 'RrC97'- OF WAY OF' TK 001RACOASIAL WAMAWAYt MENCE SIOWI-f 07, MORE IS 07 UNUMS, 50 S, CMOS Mi"'S T,, A, NATO 5MXQ,',,, OF 3,32_23 FUT MORE rA, LE%,S, NO TMF SOUTH IlYNIF' OF LOT 2; TKEKJC"Z MAJ114 �59 DEWFIES 4:1 M"IfNIMTES 13 SE.CX3490's WE1, 404n. Tl -',E SDUPH OF SAM, LOT 2, AND 11,11E W_`SltftY EXTERSON nirmUF,, A 04STMICE OF" 7051"05 F`F,,`ZT" NA ckf OR LESS, TO A POWT 04 TRE EAST RfQ4T-C6R-'WlAY UNE ff' VS, 4,,lGHlVA'Y XW� 04ENCF IN014111l 04 DEGREIVS; 57 WINUITS 2.5 SECOMOS EAST, ALONG FAST IRIGHT-CF-WAY UKIE' OF SA�1001,1S, 1HUGHWAY 00 1,, A D1'5'7AM,,CZ,, OF 725,03 FEET TO T,44, POM OF .NC MMENCEMEN11 M_ A, CURVE CWCAVE TO WE RAM01 A RAD1NN,I15 r 20'14A TT IRIEtT AND, A, CEMIV4 ANGLE OF" 03 IOCP,WES $5 MINUtt'S 100 SECOKDS, Uf','NCT, NOIR]WRLY ALM17; THE MRC OF SAID TALI RVFE_, A I)STANCE., OF 1,99 ,40 FEE.T, TO THE POINT CS' TERUJUADI)k 04SAW WRVC; THENCE C*02NIUING ALONG TKE' EASA' RKAU-CF -TWT AY UFO., M` $WD Q.15. WOMAIAY ING,% INCYRTH 01 PEGRLE'S W2 WNILIIMS 111.15 $FCOM)PS FAST, A VSTAMCR, OF 27M, FUT 70, A P100,"WN E9C,,,E MORTHI M9Wi,,CREVIS 4S MINUT 5 '15 SE.,CM05 EA51". A VISIANCE (if' V50,03 FEET M A, P0,11413-1 RIENICE, RMTH 01 DECOACt"15, al, 411114V75 15 SECONDS FAST,,ALOW0 A IlJ'N[EPAIRAIIEL '031W7 4Z. CAS"T' RIM4l'0FNR. Y UNE OF SAID, j,S, INFNN NMA"`N' M 1, A DMIANM Of 150,100 FlEt TO A, PCOIT ON 1141`IA TN RAG41-0f-WAY 1104',F OF Ski) T.II . 1511/11 AV"NI)Ez, WENCE NORTH 59 DEG13McS 4.3 WNUTES 1.5, SECONDS, EAST, ALOINIG 'ME SOUTH RNA RT,,,lCF-WAY X SA10 S,C.. ISTH AVENUE,, IfTNNa IANCE OF C10.15 QCT 10 111L p(MIN111 (')r ISE09N ANUNa, COWAIN1,40 425,53.`,$,,04 SOJARr Mrl 9,)77 ACRE.S M00% OR LESS, {00438204.1 306-9001821} (Administrative) Page 797 of 830 JOINDER BY MORTGAGEE The undersigned, Israel Discount Bank, the Mortgagee under that certain Mortgage executed as of the July, 2000, by Isram Riverwalk, LLC, a Florida limited liability company, and recorded in Official Records Book , at Page of the Public Records of Palm Beach County, Florida, covering all/or a portion of the property described in the foregoing instrument, does hereby join in this Covenant Running with the Land in Lieu of Unity of Title for the purpose of subjecting the lien and operation of the above-described Mortgage to the terms of this instrument. Signed, Sealed and Delivered "MORTGAGEE" in the Presence of: Name: Name: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) Israel Discount Bank of New York, a New York State banking corporation By: Rod Trzcinski, Senior Vice President By: Name: Title: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of March, 2021, by Rod Trzcinski and , as a Senior Vice President and , respectively, of Israel Discount Bank of New York, a New York banking corporation, on behalf of the bank. Each such person is personally known to me (YES) (NO) or has produced a State of driver's license as identification. {00438204.1 306-9001821} Print or Stamp Name: Notary Public, State of Florida at Large Commission No.: My Commission Expires: (Administrative) Page 798 of 830 Exhibit A to Mortgagee Consent Mortgage and Security Agreement from Isram Riverwalk, LLC, Isram Riverwalk Land, LLC and Isram Boca Grove, LLC to Israel Discount Bank of New York, dated as of March 30, 2011 and recorded March 31, 2011 in Official Records Book 24435, page 135, as amended by the First Modification of Mortgage and Notice of Future Advance recorded in Official Records Book 24800, page 711 and the Second Modification of Mortgage recorded in Official Records Book 30516, page 848; a. Absolute Assignment of Leases and Rents recorded in Official Records Book 24435, page 179, as amended by the First Modification of Assignment of Leases, Rents and Licenses recorded in Official Records Book 24800, page 718 and the Second Modification of Assignment of Leases, Rents and Licenses recorded in Official Records Book 30516, page 855; b. UCC Financing Statement recorded in Official Records Book 24435, page 195, as continued by the Financing Statement Amendments recorded in Official Records Book 28091, page 1344 and Official Records Book 32069, page 585; C. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 27249, page 1930; and d. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 29734, page 404. Mortgage and Security Agreement from Isram Riverwalk, LLC and Isram Riverwalk Land, LLC to Israel Discount Bank of New York, dated as of March 21, 2018 and recorded March 26, 2018 in Official Records Book 29734, page 415, as amended by the First Modification of Mortgage recorded in Official Records Book 30531, page 489, and partial release of the following related collateral security instruments: a. Absolute Assignment of Leases and Rents recorded in Official Records Book 29734, page 435, as amended by the First Modification of Assignment of Leases and Rents recorded in Official Records Book 30531, page 498; b. UCC Financing Statement recorded in Official Records Book 29734, page 446; and C. Cross -Default and Cross -Collateralization Agreement recorded in Official Records Book 29734, page 404. {00438204.1 306-9001821} (Administrative) Page 799 of 830 QCT -07-1996 13:31 FROM PSBR TO 131435425e1322 P.02 • >�SPA7l�. []F Z]gZTSLOI�MS.N'S' guZ-r X:14C3 D =V= S X C]N OCT -08-1,77 0 ,]:C -Fri 9'"353566 u -;:E x'476 Fy 1131 1 J12I 18111 1 111f ME lit all fecon.sIdemdon of the lSS=Ce Of aperrait to Riverwalk Plaza Joint Venture Or the ConS= • ofi shopping center in the City �ftt Beach, Florida, the Undersigned hereby agrees to restrict the use: of Lots) see'A" Block(s) Subdivision_ „ or propevy g e described by metes and bounds, addressed as Mows: in the following manner: 1. S shall be considered as one plot and parcel of land, and that. no portion of said plot and f land shall be sold, trsnafeared, devised or assigned separately, except in its entirety as one of of a6el of land. 2. The Und further agrees that this condition, restriction and limitation shall be deemed a covenant =with the land, and shall remain in full force mW effect, and be bindIng upon the undersigned, their and assigns. Release of this Unity of Title must be approved by the administrativethe Boynton Beach Department of Development and ratilled by the Ciry Commission. V"—, 3. ' The Undersignedes to record this instrument in the Public Records of Palm Beech County at his (her)4!7 Signed, Sealed, executed and acknowled this day of OC f be r . 19 _, a3 -Boynton Seacb,-Flond Florida Bo ton investments Inc. Q t}CT=07-1996 12:36 PS&A 96% -l0 a16 fn 15th Pagg•R0 of 830 S�'1� ,0,� -OUNiY OF as ent wa0mowledged before me this u" �� ( � by who is persanatly ioiown tom pr ucad F v l�rt t�� tion) as id Eleatfon �d who did (did not) ince as a )piad ..7 - ,��s(�- nmon ,UkLng ltiasDwled esrent F pt liking aclanowledgemait -, iftie�d or =M*2rt+• O N } cue . Serial cumber, if an Michael D. Genu Notary Public -Notary e3l 0 State of Missouri (_ St. !_outs County My Commiss'tert Expires 01/01/00 ��N A.Lrt Yr7L VPS am 3M, TaM-WIL-bg - Vis; 1.'7" ` M` tc•_uMent t}CT=07-1996 12:36 PS&A 96% -l0 a16 fn 15th Pagg•R0 of 830 13:32 FROM F58P 'C� 4t 7, i-, - -' Office Pilo Mo. 359600499 Legal t?ancription EXHZBZT A TO I314354250138a P.1:3 "RE, 9476 Fa All that part of 5eztioa 33, To•"Ship 45 Soush. Range 43 Bars. PaLp Scac4 County, Florida, lying West of the Wets ti of ROUSSEAU'S StlMV1S10N, aimor4ing to Lha Pl,d timeof, as recorded in Plat Book 1, Page 14, Public erns of Pa1tn $etch Coumy, Oorida, lying East of tha Easy Rigttt•ol:Way line of U.S. Klshway No. 1Wole Wcstuiy cxtarte-on ofthe South llnaof Lot 2 of said ROUSSEAU'S SUBDIVISION, 1RSS A G50 feet thereof talon for S.E. 1531: Avenue end FURTHI<R LESS AND land described in deed recorded in Oflici.sl R=rds Book 8531, lige 148 of said dt, TOGET ALL that put of Lots 1 and 2 of RUUSSEALrS SUBDIVISION, aoeording to the NO tltereotin Plat Book 1, Page 14, Public Records of Pah Dw1i County, Plofidu tying West of the Wcu alight ay [inn of the. lahwbtuW Watemty, LESS AND EXCEPTING that part takon for S.E. ISM At'"a tend FL�t FCL.ESS AND EXCEPTING that certain pwwl of land de=l)ed In Quit-ClainDoed racordcd in C boords 13ook 3402, $gc 1637 orsaid Public Pjco dt, All of tbt ,bora 4" Irnds being mors particularly daerlbed. by mrtes aa,d tads as foilowa: Beginning it a point i t tine of Lot said Lot I at a diltarlte of So fan Snutlt of the Northwest corner thereof; thence North 41 minutes 13 seconds Eas4 along a liec parallel with and 51) Ceet South of the North line of said LOIS6 ce of 83.00 feet too a point (laid lint also being the Soath Right -of -Wry The of S.L� 13Th Avenue); th83 tfegrccs 32 minutes 58 itconds Zulu along the South, Right-of•Way line of ofd S.E. Bait Avmue320.74 feet -to a point; thcam South 00 degrees 18 rninutaa 47 saaotx% East a diswce of 105.00nt; tIm" South 72 dosroac 42 rainuies 45 socoads EW a distance of 30.79 fits to a point; tbeo It mintrtcs47 peco+tds ■ distance of 50.40 feet to t point; theete North 39 die rove 41 mlautt nda £ut a distance of 21.07 fbet to a point: thence Soath tO dcgtoea 18 minutes 47 seconds Etat a dis 19[.00 foot, more or lea. to in tnumc(ivn with the Wem=ly P,[& - of -Way ,[& - of Way Iine of the lntrscoaMl Wa y; thence South ca.degroes 07 minutex S0. cocort& West, along the laid Westerly Rios of --Way fine of thein We a wary, a diMwcc of 35.98 fbet to a point; thence South $9 degrees 41 minutes 13 seconds West a of 125.00 fed to a point; thmte South 07 dagms 07 minutaa 50 treonds West, parallel wilt the WOitar f -Way fine of ssirl latrtscoastal Watcrvevey, a diVmco of M00 feat to a polrtt on the South line of said Lot t South 89 dem 41 tnirluta 13 seconds Weft, along the South lift* of laid Lex 2 ♦tad tho Wesly. , a distuxz'of 669.33 feet, teem+ or las, to a point . on the Fast Right•of Way lint of US. H;gb o. , ence North 04 degrees 37 minutes 25 seconds W. along the East Right-ofline of said U.S. y 05o. 1, A distanca of 225.03 lett to the point of corn meacmont of ■ curve to the lak ewetve to ttdring a rsittu of 2914.93 feet r»d a oentrd sttgle of 03 degroea 5S minute 10 seconds; thence North t1A said cum, a d st=ce of 199.40 fact to the point of termination of slid cum): thence wnibmight-of-Way line of said U.S. Htthwty No. 1 North 01 clews 02 minutes 15 seeend& Fact aed to a point; tbenoc North 89 dagroa 43 mtnMw 15 scoonrls Fist I distance of 150.00 feet orth 01 &-grecs 02 minutes IS Uwads Ease, along a lint parallel with the Fast Right -of --Wry ghway Nu. 1. A distsnee Of 150.00 fat to a ppint on the South Right -of -Way line of said S.ena North 99 degr= 43 minutes 15 Seconds Eau, along the: South Right -of -Way line of saS.R., a distance of 170.15 fea 10 the Paint of Beginning. OCT -07-1955 12:37 PSBA -97% _PagR 801 of 83 THIS INSTRUMENT PREPARED BY AND RETURNED TO: Jeffrey J. Wolfe, Esq. Sac Sax Caplan 1 oken Sound Parkway 111111111111 IlI11 III11 II11111111 Iilli 1111 II11 C -FN 20180231030 OR BK 29923 PG 0751 RECORDED 06/13/2013 15:37:24 Palm Beach County► Florida Sharon R. Bock9CLERK h COMPTROLLER Pss 0751 - 768; (18a9s) DECLARATION OF RESTRICTIVE COVENANT ISRAM RIVERWALK LLC KNOW ALIEN BY THESE PRESENTS, that the undersigned owner, ISRAM RIVERWALK, L , a Florida limited liability company (the "Developer"), which is the owner f all the real prope scribed in Exhibit "A" attached hereto and made a part hereof on this day of 0� for itself and its successors and assigns, hereby declares that the Property des ribed n is and shall be held, transferred, sold, conveyed and occupied subject to the covenants Sgftstrictions hereinafter set forth (the "Declaration"). RECTIALS: WHEREAS, Develop�&_lds the fee simple title to the property as more fully legally described within Exhibit "A" Zed hereto and incorporated herein (the "Property"); and WHEREAS, the City of Bo Beach, Florida (the "City") approved a site plan with Conditions of Approval. The Condit f Approval include the requirement of a recordable Restrictive Covenant reflecting redu ing .requirements pursuant to Article V, Section 3 of Chapter 4 of the Land Developmez�t..�ulations of the City of Boynton Beach, Florida ("LDRs"), for a mixed-use project (the "Project") on the Property; and WHEREAS, the City has determined that to achieve sustainable design and operation, including increased pervious area, reduced parking fields, promotion of mass transit, uses of renewable energy sources, and reduced parking requirements that the Project meets City Code requirements to warrant reduction of required parking (the "Parking Relief'), as more fully described in Exhibit "B" (the "Approvals"). NOW, THEREFORE, in consideration 'of the mutual covenants and agreements hereinafter contained it declared as follows: Section 1. The foregoing recitals are true and correct and are incorporated into and made a part of this Declaration. Section 2. The consideration and obligations recited and provided for under this Declaration constitute substantial benefits to both the Developer and the City and thus adequate consideration for this Declaration. {00195290.4 306-9905283} Page 802 of 830 Book29923/Page752 CFN#20180231030 Page 2 of 18 Section 3. Rules of Legal Construction. For all purposes of the Declaration, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (� Words in the singular include the plural, and words in plural include the singular; A pronoun in one gender includes and applies to other genders as well; 0 The terms "hereunder", "herein", "hereof, "hereto" and such similar terms shall efer to the instant Declaration in its entirety and not to individual sections or icles, (e)arties hereto agree that this Declaration shall not be more strictly construed again either the City or any Developer Party as all parties are drafters of this De tion; and (f) The "d exhibits shall be deemed adopted and incorporated into the Section 4. �imitions. "Declaration" meansAkDeclaration between the City and Developer. "City" means the Cityrojf�!Zda, oynton Beach, a municipal corporation and a political subdivision of the State and all departments, agencies and instrumentalities subject to the jurisdiction th "Existing Zoning" includes". City's Future Land Use Map designation for the Property as of the date of the r c ng of this Declaration; (b) the City's zoning map designation for the Property as o e date of the recording of this Declaration; (c) and all Approvals for the Project as set forth within Exhibit "B". "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting' the development of land. "Parking Contingency Plan" means the plan that the City may invoke and Developer shall implement upon the determination of a shortage of parking, as defined in Section 9(d). "Site Plan" means the approved graphic and informative representation of the specific design solution for the Project. 2 (00195290.4 306-9905283) Page 803 of 830 Book29923/Page753 CFN#20180231030 Page 3 of 18 Section 5. Purpose. The purpose of this Declaration is to establish certain conditions that shall trigger and shall thereafter require a Parking Contingency Plan pursuant to Article V, Section 3.G.2.h of Chapter 4 of the LDRs showing areas on the Site Plan where 4par g spaces shall be added in the event that a shortage occurs for average daily parking m and provide operational rules and procedures for such contingency plan (the "Parking C gpcy Plan"). 'T*ction 6. Applicability; Legal Description. This Declaration applies only to the land loc4vithin the boundaries of the legal description as set forth and incorporated herein as Exhibit `� SecEffective Date. This Declaration shall become effective on the later of (i) the issu of a building permit by the City for vertical construction on the Property or (ii) the Execution (the "Effective Date"). On such Effective Date, this Declaration shall be recorded and shall tbWreafter constitute a covenant running with the land. c> Section 8. Parking Facilities. Consistent with the Approvals, the Developer shall construct certai ing facilities, as set forth on the Site Plan (collectively the "Parking Facilities") which shal w for the Parking Relief. The Parking Facilities shall be controlled by the Developer and owne Berated by the Developer. Construction, ownership, maintenance, operation and repair of the Facilities shall be the sole obligation of the Developer. Byway of example and not limitati a agreement for valet parking shall be the sole responsibility of the Developer. Without li the generality of the foregoing, the selection of a valet management company shall be right of the Developer. Section 9. Local I)e2Apment Permits. A description of local development permits relative to the Parking Re' or the Project is set forth and incorporated herein as Exhibit "B". The Approvals, Existin ing, and this Declaration establish the granting of the Parking Relief. 0 , Section 10. Contingency PIa`n. (a) A schematic drawing along with a description of the number of spaces available and the general improvements to be made to the Project which would be installed as the Parking Contingency Plan is attached hereto as Exhibit "C". This Exhibit "C" indicates the areas on the Site Plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. The improvements and additions set forth in Exhibit "C" are the procedures and strategies which were submitted at the time of the approval of the Site Plan to offset any deficiency. (b) If the City observes that there is a parking deficiency, or parking that is not in conformance with the approved site plan, or City code provisions, the City may provide written notice to the Developer, and advise the Developer that it shall address the parking issues in order to insure that the parking is consistent with the site plan and city codes. If the City provides the Developer with three (3) such notices and the parking deficiencies and/or code violations remain, the Developer shall then be required to institute required valet parking for all residential tenants and their guests. 3 (00195290.4 306-9905283) Page 804 of 830 Book29923/Page754 CFN#20180231030 Page 4 of 18 (c) If the Developer institutes required valet for, all residential tenants and their guests, the City shall still have the right to require further parking modifications in the event parking deficiencies or code violations still occur on the Property. If parking deficiencies continue as ide ' led again by the City following implementation of the required valet parking for id ial tenants and their guests or any City -required modifications, the City shall provide a 4t ttT notice to the Developer that there remain parking deficiencies and code violations rela parking. The Developer shall be required to perform a parking study to determine the parki sues and possible solutions to said issues. The parking study shall review the use of parking'e Property; and whether parking is occurring within the drive aisles and other areas utilized96affic circulation. The parking study shall be provided to the City, and applicable measures cemented by the Developer for addressing the identified issues (any site modificatio cluired as part of the measures recommended by the study shall be reviewed by the City for p s�ble processing as either a major or minor site plan modification.) If parking deficiencies are�ain identified by the City, the City shall send a 5th notification to the Developer that ang shall be set for the City Commissionto discuss the implementation of Parking the Final Vntingency Plan. The City Commission Meeting shall occur no less than thirty (30) days afte issuance of such notice to the Developer. At the City Commission Meeting, the findings e study shall be presented to the City Commission and the Developer shall be given the opp t to explain any extenuating or unique circumstances. If the City Commission, by majo i te, finds that there are no justifiable circumstances which are causing the . parking sho hen the City Commission may invoke the Final Parking Contingency Plan. Upon in ion of the Final Parking Contingency Plan, the Developer shall take such steps as are necessar proceed with Final Parking Contingency Plan. The procedure described above is consistent icle V, Section 3.G. of the LDRs in that it provides procedures and strategies for theti Tv=ca on of the Parking Contingency Plan. (d) The Final Parking Coni" cy Plan shall be initiated pursuant to this Declaration by having the Developer build additio en parking in a lot to be placed above the Walgreens - Joann building bearing an address 6wrH and as identified and further described in Exhibit "C". (e) In those areas controlled by valet parking, drive aisles and other areas may be utilized by the valet parking as more fully described in Exhibit "D", which is attached hereto and incorporated herein by reference. Section 11. Notices. (a) All notices, demands and requests which may or are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by hand delivery, United States Registered or Certified Mail, return receipt requested, postage prepaid, or by overnight express delivery, such as Federal Express, to the parties at the addresses and telecopy numbers listed below. Any notice given pursuant to this Declaration shall be deemed given only when received. Any actions required to be taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday. 4 (00195290.4 306-9905283) Page 805 of 830 Book29923/Page755 CFN#20180231030 Page 5 of 18 To. the City: City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 With a copy to: City Attorney City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 0 To the Developer: Isram Riverwalk LLC 506 S. Dixie Highway lallandale, FL 33009-6332 qz. hone: Wi'copy to: Sachrj't��yenue, Caplan 10 SESuite C Boyntoh, FL 33444 Attn: JeWolfe, Esq. TelephonZ.;�6 994-4499 Email: jwolfeO),ssclawfirm.com (b) Any Party to this Declaration may change its notification address(es) by providing written notification to the remaining parties pursuant to the terms and conditions of this section. Section 12. Exclusive Venue, Choice of Law, Specific Performance. This Declaration shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Declaration or any provision hereof, including any action for specific performance, shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in Palm Beach County. In addition to any other legal rights, the City and the Developer shall each have the right to specific performance of this Declaration in court. The prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred at both the trial and appellate levels. {00195290.4 306-9905283} Page 806 of 830 Book29923/Page756 CFN#20180231030 Page 6 of 18 Section 13. No Oral Change or Termination. This Declaration and the exhibits and appendices appended hereto and incorporated herein by reference, if any, constitute the entire Declaration between the parties with respect to the subject matter hereof. This Declaration su edes any prior agreements or understandings between the parties with respect to the �e atter hereof, and no change, modification or discharge hereof in whole or in part shall b ct�ve unless such change, modification or discharge is in writing and signed by the party aga hom enforcement of the change, modification or discharge is sought. This Declaration cann changed or terminated orally. 0 On 14. Representations. Each party represents to the others that this Declaratio 4inding been duly authorized, delivered and executed by such party and constitutes the legal, valid obligation of such party, enforceable in accordance with its terms. Section Presumptions Inapplicable. This Declaration shall be deemed to have been drafted by b;o the Developer and the City equally and any presumptions existing in interpretation here gainst the drafter shall be inapplicable. Section 16. ��ailure to Exercise Rights not a Waiver: Waiver Provisions. The failure by either party tom* omptly exercise any right arising hereunder shall not constitute a waiver of such right uns herwise expressly provided herein. No waiver or breach of any provision of this Declarat o 1 constitute a waiver of any subsequent breach of the same or any other provision hereof, aiver shall be effective unless made in writing. Section 17. Deface Upon the occurrence of a default by a party to this Declaration not cured within th icable grace period, the Developer and the City agree that any party may seek. specific peance of this Declaration, and that seeking specific performance shall not waive any ri such party to also seek monetary damages or any other relief other than termination of this D tion. Section 18. Severability. Z�iy term or provision of this Declaration or the application thereof to any person or circumstance shall, to any extent, hereafter be determined to be invalid or unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be. affected thereby and shall continue in full force and effect. Section 19. Assignment and Transfer. This Declaration shall be binding on the Developer and their heirs, successors and assigns. The Developer may also assign or transfer the rights and obligations of the Declaration to any purchaser of the Property or any portion thereof without the consent or any other approval of the City. Any such assignee or transferee shall assume all applicable rights and obligations under this Declaration. Section 20. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the City and any Developer and neither any Developer nor its employees, agents, contractors, subsidiaries, divisions, or affiliates shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of any Developer or its subsidiaries, divisions or affiliates. {00195290.4 306-9905283} Page 807 of 830 Book29923/Page757 CFN#20180231030 Page 7 of 18 Section 21. Cooperation; Expedited Permitting and Time is of the Essence. (a) The parties agree to cooperate with each other to the full extent practicable it to the terms and conditions of this Declaration. (b) The parties agree that time is of the essence in all aspects of their respective and reosponsibilities pursuant to this Declaration. 'S'e ion 22. Amendment or Termination. This Declaration may not be amended or termina cept by mutual agreement of the Developer and the City through the execution of a written a d ent to, or a termination of, this Agreement approved,by the Boynton Beach City Commissio SectioThird Party Defense. Developer shall, at their own cost and expense, vigorously defe an claims, suits or demands brought against it or the City by third parties threatening the D ation, challenging its enforceability, or objecting to any aspect thereof, including, without i ation, any claims for loss, damage, liability, or expense. (including reasonable attorneys' City and Developer shall promptly give the other written notice of any such action, incluhose that are pending or threatened, and all responses, filings, and pleadings with respect th e na Section 24. -Partv Beneficia . No persons or entities other than the Developer and the City, theirfitted successors and assigns, and any party that shall have any rights whatsoever under this D _tion. Section 25. Counte6arts, This Declaration may be executed in counterparts, each of which shall constitute an originall of which, when taken together, shall constitute one and the same Declaration. d _ Section 26. WAIVER OF RIGHT TO TRIAL BY JURY. THE CITY AND DEVELOPER KNOWINGLY AND IONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEDING THAT EACH MAY INSTITUTE AGAINST THE OTHER AFTER THE EXECUTION OF THIS DECLARATION WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS DECLARATION. NOW, WHEREOF, the Developer has caused this Declaration to be duly executed. [Signatures appear on the following page] 7 (00195290.4 306.9905283) Page 808 of 830 Book29923/Page758 CFN#20180231030 Page 8 of 18 IN WITNESS WHEREOF, the Developer has caused this Declaration to be duly executed as of the day and year first above written. LO ACCEPTED AND AP4 VSD BY: DEVELOPER: ISRAM RIVERWALK, LLC, a Florida limited liability company By: ISRAM REAM MANAGEMENT, LLC, a Florida limitWfl dity company arae: Ti CITY: THE CITY OF BOYNTON BEACH ATTEST: Q By: By:l Print Ne: -jU&r# Title: el 7y C[ f4t/<' 91t A-*.-* r��r V&&" - Print Name: ,-j' L A Ywr, eV - Title: liITi /;fAit/11-Gt4t APPROVED AS TO FORM BY CITY ATTORNEY: By:as--r&— Print Name: 0 ComerkTCityAttomey 8 {00195290.4 306-9905283) Page 809 of 830 Book29923/Page759 CFN#20180231030 Page 9 of 18 STATE OF FLORIDA COUNTY OF PALM BEACH T oregoing instrument was acknowledged before me this Z( day of�, 2018, by a ikman, as Manager of ISRAM REALTY MANAGEMENT, LLC , a Florida limited li company, as Manager of ISRAM RIVERWALK, , on behalf of said company, who ,his personally as identification. co ° TIFFANY EASLEY [SEAL]°• :*; WCOMNIISSION#cc1sos1a _.: EVIRES: February 16, 2022 '�'or ")\Bonded Tt" NM2ry PUW LkwwwrNere List of Exhibits Signature Ob Q Exhibit "A" — Legal Descri Properties Exhibit "B" — The Approvals Exhibit "C" — Parking Contingency Plan Exhibit "D" — Valet Parking Plan (00195290.3 306-9905283} LLC, a Florida limited liability lown to mg, or who produced Page 810 of 830 Exhibit "A" Book29923/Page760 CFN#20180231030 Page 10 of 18 Page 811 of 830 --_-__.. _.v�,........ #�... r.._ Book29923/Page761 CFN#20180231030 Page 11 of 18 <<« a 12 F s � a a Sag;1All al a lo"11 Niz `d�35b�8 ei C� • t5 a " D <y xbt a§by _b_ _ LH•r_ A9 A§ :§.. 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Future Agenda Items 4/20/2021 Requested Action by Commission: Legislative Update from State Senator Lori Berman and State Representative Joe Casello - May 4, 2021 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 820 of 830 13.B. Future Agenda Items 4/20/2021 Requested Action by Commission: ILA for Sara Sims Park Pavilion I mprovements - May 18, 2021 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 821 of 830 13.C. Future Agenda Items 4/20/2021 Requested Action by Commission: Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — May 2021 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 822 of 830 13.D. Future Agenda Items 4/20/2021 Requested Action by Commission: Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - May 2021 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 823 of 830 13. E. Future Agenda Items 4/20/2021 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 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 824 of 830 13. F. Future Agenda Items 4/20/2021 Requested Action by Commission: Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 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 825 of 830 13.G. Future Agenda Items 4/20/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - May 2021 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 826 of 830 13. H. Future Agenda Items 4/20/2021 Requested Action by Commission: Approval of Lease Agreements for City Hall I nnovation Space and Cafes Operators - May 2021 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 827 of 830 13.1. Future Agenda Items 4/20/2021 Requested Action by Commission: Ordinance regarding automatic reversion back to previous zoning if a property is rezoned for planned development and then is not developed. - June 2021 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 828 of 830 Requested Action by Commission: Monuments on City Property - June 2021 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.J. Future Agenda Items 4/20/2021 Page 829 of 830 13. K. Future Agenda Items 4/20/2021 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - June 2021 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 830 of 830